Advertising Terms and Conditions for Private Seller (“Terms and Conditions”)


iCar Asia Sdn Bhd (‘iCar Asia’) is pleased to provide Private Seller (as defined below) with access to its network of website on www.carlist.my (“Carlist.my”) for advertising services.

By accessing, using and placing an advert on Carlist.my, the Private Seller agrees to be bound by the following Terms and Conditions. If the Private Seller does not agree to these terms, please refrain from using Carlist.my.

Please read the Terms and Conditions carefully as they stipulate the provision for advertising packages for Private Seller. Carlist.my may modify these Terms and Conditions from time to time and Private Seller should therefore review these Terms and Conditions regularly.

1. Definitions

Private Sellermeans individual who is the legal owner of a Vehicle who attained the age of maturity of 18 years old and possess the legal authority to enter into this Agreement
Vehiclemeans the Vehicle for sale by the Private Seller
Advertisingplacing an advertisement for the sale of a vehicle on Carlist.my
Access Methodsmeans any user identification, passwords and other security credentials assigned to Private Seller and required to access and use Carlist.my
Buyermeans individual who has the intention to purchase the Vehicle from the Private Seller
Registered OwnerSame as the owner on RC
Highlighted Admeans the advertisement shall be highlighted based on the package selected.
Daily Bump Upmeans the advertisement shall be bumped up to the first page of Carlist.my for a duration of days as stipulated in the package selected.

(iCar Asia and the Private Seller hereinafter shall be jointly referred to as the “Parties” and each as the “Party”)

2. Vehicle Advertising

2.1. By creating an account with Carlist.my the Private Seller is entitled to advertise the sale of one (1) Vehicle by choosing one of the three Advertising packages offered by Carlist.my (see guidelines on creation of an account at https://www.carlist.my/faq).
2.2. Advertising: The Private Seller may advertise their Vehicle for sale on Carlist.my for free by selecting the Basic Package and the Advertising duration shall be 60 days. All advertisements shall be moderated by iCar Asia before publishing it as featured ad on Carlist.my (“Featured Ad”). Any additional features such as premium placement, highlighting, and extended listing duration are not included in the Basic Package.
2.3. Accuracy of Information: The Private Seller acknowledges and agrees that Carlist.my does not guarantee the accuracy, completeness, or reliability of any information provided in Vehicle advertisements. The Private Seller bears the responsibility as the seller to provide true and accurate information and the Buyer’s responsibility to verify the details and condition of the Vehicle before making any purchase or proceed into any transaction.
2.4. Advertising Content Guidelines:
 
  1. each advertisement may only feature one (1) Vehicle;
  2. the Private Seller shall solely be responsible for uploading any photographs which form part of the advertisement;
  3. photographs which form part of the advertisement must be accurate in their description of the Vehicle being displayed and comply with all applicable legislation and regulation;
  4. the photographs uploaded must not contain any material that is subject to third party intellectual property rights or other third party proprietary rights;
  5. the Private Seller may not list Vehicle that is stolen, counterfeit, illegal, or otherwise in violation of applicable laws and regulations;
  6. any advertisement that has content that is not related to the Vehicle being advertised – especially photos or videos of other than the Vehicle; any Vehicle advertisement with false information is not allowed;
  7. any Private Seller profile information that violates the content & subscription rules; specifically any reference to more than one seller per account is not allowed;
  8. any advertisement that Carlist.my determines could result in legal liability or adverse publicity to Carlist.my such as offensive, inaccurate, defamatory, libelous or slanderous material or material which is potentially infringing on another party’s intellectual property rights; and
  9. any other specifications to be informed from time to time.
2.5. Ownership and Authorization: By advertising a Vehicle for sale, the Private Seller represents and warrants as the legal owner of the Vehicle and/or have obtained the necessary authorization from the Registered Owner to advertise the Vehicle.
2.6. Carlist.my may at any time remove any or all of the materials from the advertisement which are infringing, unlawful and/or are in breach of these Terms and Conditions and the Advertisement and Content Guidelines set by Carlist.my (see full guidelines at https://www.Carlist.my/help).
2.7. Carlist.my shall at all times have the right to review the details of the advertisement before publishing the same. In the event of any inaccurate information, Carlist.my shall request the Private Seller to edit the advertisement which has to be completed within certain days as advised by Carlist.my, failing which Carlist.my shall have the sole discretion to edit or remove the advertisement in entirety.

3. Add On Advertising Packages

3.1.Pricing and Payments:
 
  1. The pricing for the Private Seller package is as advertised on Carlist.my and is subject to change from time to time (see full guidelines at FAQ | Carlist.my).
  2. All payments for the package must be made in accordance with the payment methods accepted on Carlist.my.
  3. Payments for the selected Private Seller package are non-refundable once the package is activated.
  4. Refunds will be directly credited to your bank account within 7-10 business days
3.2.Advance Package:
With the Advance Package, Private Seller can advertise the Vehicle for sale on Carlist.my with the following enhanced features:
  1. Duration: The advertising duration for the Advance Package is sixty (60) days.
  2. Features: The Advance Package includes Daily 'Bump Up' for the first fourteen (14) days from the package subscription activation and Highlighted Ad.
3.3.Premium Package:
  1. Duration: The advertising duration for the Premium Package is ninety (90) days.
  2. Features: The Premium Package includes premium placement, Daily 'Bump Up' for the first twenty-eight (28) days from the package subscription activation, Highlighted Ad, a verified badge on the advertisement, priority support from iCar Asia team, and featured promotion on Carlist.my Facebook platform.
3.4.Modification of Packages: Carlist.my reserve the right to modify, update, or discontinue any package or service at any time without prior notice.

4. Buying and Selling Vehicles

4.1.Transactions: Carlist.my acts as a platform to connect Private Seller and Buyer. All transactions and negotiations are solely between Private Seller and Buyer. Carlist.my is not responsible for any disputes, damages, or losses arising from these transactions.
4.2.Payment and Pricing: Carlist.my does not involve or engage in any payment process for the transaction of the Vehicle. Pricing and payment terms are solely determined between the Private Seller and Buyer.

5. Intellectual Property

5.1.The Parties agree that all intellectual property rights (including patents, copyrights, registered designs, unregistered design rights or other intellectual property protection in any part of the world including applications for such protection, and all rights in any secret process, know-how or confidential information) owned by, duly licensed to or otherwise in the proper possession of a Party as at the date of the subscription by the Private Seller (hereinafter referred to as “the Pre- existing Rights”) shall remain the absolute unencumbered property of such Party. No other Party shall make any representation or do any act which may be taken to indicate that it has any right, title or interest in or to the ownership or use of, or other appropriate to itself or for its own use, any of the Pre-existing Rights of the other Parties except as permitted under the terms of these Terms and Conditions, and each Party acknowledges that nothing contained in these Terms and Conditions shall give it any right, title or interest in or to the Pre-existing Rights of the other Party save as expressly granted under these Terms and Conditions.
5.2.Private Seller grants the right to iCar Asia to feature and promote the Private Seller’s advertisement under the Premium Package onto Carlist.my Facebook platform.

6. Limitation of Liability

6.1.Disclaimer: Carlist.my provides Vehicle Advertising and related information for convenience purposes only. It does not endorse, guarantee, or warrant the condition, legality, or quality of any advertised Vehicle. iCar Asia shall not be liable for any damages or losses arising from the use of Carlist.my or any transactions conducted through it.
6.2.Indemnity: Private Seller agrees to indemnify and hold iCar Asia, its officers, directors, employees, and affiliates harmless from any claims, damages, liabilities, or expenses arising out of use of the Carlist.my or violation of these Terms and Conditions.

7. Modifications

7.1.Modification of Terms: Carlist.my reserve the right to modify or update these Terms and Conditions at any time without prior notice. Private Seller’s continued use of Carlist.my after such modifications will constitute Private Seller’s acceptance of the revised terms.

8. Term and Termination

8.1.Term: The entire duration the Private Seller maintains an active subscription account.
8.2.Carlist.my reserve the right to terminate or suspend Private Seller’s access to Carlist.my and remove Private Seller’s advertisement at any time, at its sole discretion and without liability, for any reason, including violation of these Terms and Conditions.
8.3.Private Seller may terminate its subscription at any time via Carlist.my or Carlist mobile App or by notifying Carlist.my via call or email. However, no refunds will be provided for any unused or unutilised portion of the package.
8.4.Termination by Carlist.my: Carlist.my shall be entitled to terminate Private Seller’s access and subscription without cause by way of fourteen (14) days prior written notice to the Private Seller.
8.5.The Private Seller’s subscription and access may be terminated effective immediately if any Party:
  1. becomes insolvent, files a petition in bankruptcy, or makes an assignment for the benefit of its creditors; or
  2. breaches any of its material responsibilities or obligations under these Terms and Conditions, which breach is not remedied within 14 days from receipt of written notice of such breach.

9. General Terms

9.1.The Terms and Conditions herein, the Terms and Conditions of Use https://www.carlist.my/terms-and-conditions-of-use and the Privacy Policy https://www.carlist.my/privacy (collectively, the “Terms”) constitute the entire understanding between the parties and supersede any prior agreements, discussions and representations between the parties, whether written or oral, regarding the subject matter contained herein. All advertisements shall be subject to Carlist.my’s then-current Terms, which may be revised by Carlist.my without notice at any time. The Terms shall be governed by and constructed in accordance with the laws of Malaysia.
9.2.Pursuant to the Credit Reporting Agencies (CRA) Act 2020 and Central Bank of Malaysia Act 2009, Private Seller do hereby give consent to iCar Asia Sdn Bhd and its parent company Carsome Sdn Bhd and its subsidiaries (Carsome Capital Sdn Bhd and Carsome Certified Sdn Bhd) and CTOS Data Systems Sdn Bhd ("CTOS"), a registered credit reporting agency under the CRA Act 2010 to process Private Seller’s personal data in order to conduct credit/trade check including CCRIS on Private Seller at any time for as long as Private Seller has a trade relationship with iCar Asia Sdn Bhd or where any dues remain unpaid and outstanding with iCar Asia Sdn Bhd.
9.3.Account Security: The Private Seller shall be responsible for maintaining the confidentiality of the account login credentials and for all activities that occur under the account. Private Seller agrees that the Private Seller shall solely be responsible for, and be bound by, all acts or omissions of any person using Carlist.my through the Private Seller’s Access Methods. Private Seller agrees that Carlist.my is under no duty of inquiry regarding the identity, authority or capacity of any such person and Carlist.my shall be entitled to rely on any instruction submitted by any person accessing or using Carlist.my through the Private Seller’s Access Methods or through alternative methods, even if made fraudulently and even if in conflict with the terms of any other information given by the Private Seller.