The terms and conditions of this Agreement govern your use of the services (“Services”) provided by M Advance Builder Sdn Bhd (Company Registration No. 1148549-X) of D10-03, Sunway Nexis, Jalan PJU 5/1, Kota Damansara, Selangor Darul Ehsan ( “We” or “Us” or “Our”), a Malaysian entity, either itself or through its subsidiaries or licensees, via our mobile application or any other platforms designated by Us (“Portal”).
By using the Portal, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree with its terms, please do not use this Portal.
The Services constitute a platform that enables our users to arrange, maintain, schedule, subscribe or in any manner deal with automotive related services with third party providers of such services, including independent third party workshops, transportation providers and third party logistics providers under agreement with us or certain of their affiliates (collectively referred as “Merchants”).
1. When you register with us
(1) To fully access or use the Portal, you are required to register for an account by providing, among other, your name, email address and your mobile number.
(2) You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and conditions of this Agreement, which may result in immediate termination of this Agreement.
(3) In registering an account, you shall not:
a. Select or use as an account a name of another person with the intention to impersonate that person;
b. Use as an account a name subject to any rights of a person other than you without appropriate authorization; or
c. Use as an account a name that is otherwise offensive, vulgar or obscene.
(4) We reserve the right to refuse registration of, or cancel an account in our direction. You shall be responsible for maintaining the confidentiality of your password.
(5) Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.
(6) We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of this Agreement.
(7) You agree that you will cooperate in relation to any crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
2. Our guidelines to use the Portal
(1) The use of this Portal is subject to our guidelines. You shall only use the Portal for lawful purpose and you are prohibited to :-
a. use the Portal for sending any unlawful material or for fraudulent purposes;
b. cause nuisance, annoyance, inconvenience or make fake bookings or request for services via the Portal ;
c. use the Portal for purposes other than obtaining the Services;
d. contact a Merchant for purposes other than the Services;
e. impair the proper operation of the Portal or Services;
f. harm the Portal or Services in any way whatsoever; and/or
g. copy, or distribute the Portal or other content without written permission from us.
(1) You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials (“Content“), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated.
(2) We do not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload or display on or through the Portal. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use, exploit and archive the Content in accordance with or as reasonably contemplated by this Agreement.
(3) When you post, submit, or upload Content on the Portal you represent and warrant that:
- you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display and reproduce the Content via the Portal. You license us to use and sub-license the Content in accordance with this Agreement;
- you and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
- you or your Content, and your use, storage, reproduction and display on the Portal will comply with all applicable law, rules and regulations;
- your Content does not breach any of this Agreement;
- your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
Unless stated otherwise, you shall pay for the services of our Merchants directly to them. Such payment will include administrative fees charged by us. In the even that you have any dispute as to the payment, please liaise with our Merchants directly but you may inform us of the same so that we have knowledge of the same. If you fail to pay the Merchant within the prescribed deadline, we may suspend or terminate your account and/or this Agreement.
5. Cancellation of Merchant’s Services
In the event that you cancel a booking or a service from one of our Merchants via the Portal and our Merchant without reasonable explanation, we may impose a penalty against you and this includes, but not limited to, a penalty fee, and suspension or termination of your account and/or this Agreement.
6. Purchasing our Products
(1) This clause only applies to products sold by us directly to you (“Products”) and not products sold directly by our Merchants unless stated otherwise. For the latter products, other terms and conditions may be imposed by the Merchant.
(2) We will take all reasonable care to ensure that all details, prices, photographic representations and descriptions of Products are correct at the time when the relevant information was entered onto the system. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our products that appear on the Portal.
(3) Whilst we try and ensure that all details, descriptions and prices which appear on this Portal are accurate, we will inform you of any error/changes in the price of any Products which you have ordered and reconfirm with you the order price. You may cancel the purchase of the Product if you disagree with the revised order price.
(4) If we are unable to contact you and if you have already paid for the goods, you will receive a full refund pursuant to your cancellation of the order.
(5) All orders that you place on the Portal will be subject to acceptance in accordance with this Agreement.
(6) Non-acceptance of your order may be due to any one or more of the following non-exhaustive reasons:
(i) The product you ordered is out of stock;
(ii) We do not deliver to your area;
(iii) Our inability to obtain authorisation for your payment;
(iv) One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information on the Portal;
(v) There is a system or procurement failure; and
(vi) Failed customer validation checks.
(7) When you place an order on the Portal we shall email you an acknowledgement detailing the product you have ordered. This email is not an order confirmation or order acceptance from us.
(8) Acceptance of your order and the completion of the contract between us will take place when your order is dispatched: we will email you that your order has been dispatched. We reserve the right to dispatch multiple orders separately.
(9) Delivery will be made as soon as possible after your order is accepted and in any event within seven (7) working days of your order.
(10) We will make every effort to deliver goods within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example a strike, extreme weather, a flood or fire. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales. Please refer to our Returns and Refund Policy for more information.
(11) Ownership of the Products will pass to you when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
(12) If the goods we delivered are not what you ordered or are damaged or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing to us of the problem within seven (7) working days from the receipt of the goods in question.
(13) If you do not receive goods ordered by you within seven (7) working days of the date on which we confirm the despatch through email, we shall have no liability to you unless you notify us in writing of the problem within fourteen (14) working days of the date on which we confirm despatch through email.
(14) If you notify a problem to us under this condition, our only obligation will be, at your option:
(i) To make good any shortage or non-delivery
(ii) To replace or repair any goods that are damaged or defective; or
(iii) To refund you the amount paid by you for the goods in question in whatever way we choose.
(15) Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
(16) You must observe and comply with all the applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from this Portal. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
(17) We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, riot, rally, war, terrorism, explosion or accident.
7. How we deal with personal information
8. How we deal with confidential information
(1) Confidential Information is important to the both of us. In view of this, we will not disclose or use your Confidential Information and likewise, you will not disclose or use our Confidential Information. However, nothing binds us from the acts of the Merchant who may mishandle your Confidential Information.
(2) “Confidential Information” means any information disclosed or made available to you by us or vice versa, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.
(3) However, Confidential Information does not include information other than information that:
a. is or becomes publicly known and generally available other than through your action or inaction; or
b. was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
(4) You acknowledge, consent and agree that we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.
9. Dispute with Merchant
If you have any complaints in relation to the services provided by a Merchant, please direct it to us for our investigation. In the event that we find that the Merchant had not performed in a manner in compliant with his agreement with us, we may suspend or terminate his services. However, we are under no obligation to resolve the dispute between you and the Merchant.
10. Our liability to you when you use our Portal
You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Portal and/or Services. This includes any damages or losses to your automotive due to the fault of the Merchant. We are not responsible for the actions of the Merchant as they are not our employees and/or agents.
11. Small Claims Provisions
In the event that there is a minor damage on your automotive caused by the Merchant during the provision of their services, we may, at our sole discretion, offer a compensation not exceeding RM3,000 (or any amount determined by us) on behalf of the Merchant provided by such damage is not or will not be compensated by your insurer. Nothing in this clause amounts to an admission of liability on behalf of the Merchant or by us.
12. Our Intellectual Property Rights
(1) You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Portal, and that you will not acquire any rights, titles, or interests in or to the Portal except as expressly set forth in this Agreement.
(2) You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.
(3) You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Portal.
(4) “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
13. Marketing and Notifications
We will send you information containing advertisements and promotions of the Merchants, our affiliates and partners if you have opted-in to receive them. If you have however opted out, we may still send you notification relating to on-going activities on the Portal. You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.
14. When can we suspend or terminate your account or this Agreement
(1) We may suspend or terminate your access to all or any part of the Portal at any time, with or without cause, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
(2) We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement.
(3) We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time.
(4) We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to suspension or termination of your account.
(5) We reserve the right to terminate this Agreement if your account is inactivity for more than 90 days, with the date of termination being the 90th day following the date of the last transaction done by you.
15. What happen after termination
(1) In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:-
(a) your access to the Portal shall immediately terminate;
(b) you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;
(c) we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you; and
(d) any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
16. What happen if there is a dispute between us
This Agreement will be governed by the Malaysian law and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
17. Can we modify this agreement
(1) We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Portal at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
(2) If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Portal. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.
(3) What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
18. General Terms
(1) Nothing in the Agreement prohibits us from adding, withdrawing or modifying the functions and operations of the Portal and we reserve the right to do so.
(2) You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Portal and/or your breach of any term of this Agreement.
(3) This Portal may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
(4) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
(5) If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.
(6) In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
(7) We do not represent or warrant that:-
- access to the Portal or any part of it, will be uninterrupted, reliable or fault-free; or
- the Portal or any of its contents will be accurate, complete or reliable.
(8) We do not guarantee or warrant that the data stored in our server or generated by the Portal will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.