Terms of Usage
CariCarz Sdn. Bhd. (Registration No. 202001010090 (1366410-H)) is
the owner and operator of the automotive platform known as
“Caricarz” (hereinafter “CariCarz”, “we”, “our”, “us”) which
allows Dealers (as hereinafter defined) to advertise, list,
offer, sell or make available motor vehicles (“Vehicles”) to
its Users (as hereinafter defined) on the domain with the name
of https://www.caricarz.com/ (the “Platform”) in accordance with
these Terms of Use, and any other terms and conditions and privacy
policy posted on the Platform from time to time(collectively, the “Terms”).
These Terms govern the User’s access and use of the Platform and the use
of any services, information and functions made available by us at the
Platform (“Services”). Before using this Platform or the Services, the User
must read carefully and accept these Terms and the User must consent to
the processing of the User’s personal data as described in the privacy policy
posted on the Platform.
General Term
By accessing the Platform, registering an account (“Account”) and/or
using the Services, you agree to be bound by these Terms which shall
be applicable to all users of the Platform and any amendments to the
foregoing issued by Caricarz from time to time. If you do not agree
to these Terms, please do not access and/or use the Platform and/or
the Services.
If the User is under the age of 18 or the legal age for giving consent
hereunder pursuant to the Applicable Laws in the User’s country, the
User must obtain permission from his/her parent(s) or legal guardian(s)
to open an account on the Platform. If the User is the parent or legal
guardian of a minor who is creating an account, the User must accept and
comply with these Terms on the minor's behalf and the User will be
responsible for the minor’s actions, any charges associated with the
minor’s use of the Platform and/or Services or purchases made on the
Platform. If the User does not have consent from his/her parent(s) or
legal guardian(s), the User must stop using/accessing this Platform
and/or Services.
Under no circumstances shall Caricarz be liable for any direct,
indirect, special, incidental or consequential damages, including,
but not limited to, loss of data or profit, arising out of the use,
or the inability to use, the materials on this site, even if Caricarz
or its authorized representative has been advised of the possibility
of such damages. If your use of materials from this Platform results
in the need for servicing, repair or correction of equipment or data,
you shall assume any costs thereof.
We will not be responsible for any outcome that may occur during the
course of usage of our resources. We reserve the rights to:
Definitions
The following terms shall have the following respective meanings:
Account and Security
To use the Services, the User is required to create an account on the Platform in
order to gain access to the use of any services and functionality at the Platform
that Caricarz may establish and maintain at all material times and in its sole
discretion.
The User’s permission to use the Platform and/or the Services is conditional upon
he User’s agreement that the User will provide accurate information when creating
an account or registering with Caricarz. Caricarz has the absolute discretion to
reject, approve, suspend or terminate the User’s creation of an account with Caricarz
and/or the User’s usage of the Platform and/or Services.
The User hereby acknowledges and consents that Caricarz may access, preserve and
disclose the User account information and Contents (as defined below) to any legal
regulatory, or government authority, the relevant rights owner, or third parties
if required to do so by the Applicable Laws pursuant to an order of court or lawful
request by any governmental or regulatory authority having jurisdiction over Caricarz
in accordance with the terms of the privacy policy at https://www.caricarz.com/privacy-policy.
The User is solely responsible for the activity that occurs on the User’s account even if
such activities or uses were not committed by the User, and the User must keep its account
password secure. If a legal dispute or law enforcement action is commenced related to the
User’s account for any reason, Caricarz may suspend and/or terminate the User’s account
immediately with or without notice. Caricarz shall not be responsible or liable, directly
or indirectly, in any way for any loss or damage of any kind incurred as a result of, or
in connection with, the User’s failure to comply with this section.
The User must notify Caricarz immediately of any breach of security or unauthorized use of
its account. Caricarz shall not be liable for any losses caused by any unauthorized use of
the User’s account.
Conditional Use of Our Platform and Services
Caricarz grants you a limited, revocable, non-exclusive, non-transferable, non-assignable,
non-licensable right to access, view and use the Platform as well as the Services to in
accordance with the Terms. Any breach of these Terms may result in the immediate revocation
of the license granted herein without notice to the User.
The Vehicles, specifications, information and/or descriptions expressed on the Platform are
those of the Dealers and are not made by the Platform. Caricarz is not liable for any loss
or damage the User may suffer as a result of the publishing of inaccurate, misleading or
fake information by the Dealers or any omission of information.
The Dealer is solely responsible for the price and quality of its respective Vehicle,
specifications, information and/or descriptions posted by the Dealer in relation to the
Vehicle, and compliance with the Applicable Laws, including laws with respect to taxes
and insurance.
Caricarz is not responsible for additional or different terms, conditions, limitations
and restrictions that may be imposed by the Dealer on the Vehicle. In the event that the
Dealer refuses to honour the Vehicle without cause or contrary to law or these Terms or
for any reason whatsoever, the User may have a recourse against the Dealer and Caricarz
shall not be held liable for the Dealer’s default. Caricarz also reserves the right at
its sole discretion, to cancel, terminate or alter the information of any Vehicles to
its accuracy at any time.
Mere Platform
The User hereby acknowledges and agrees that the Platform is merely a platform which
provides a place and opportunity for the sale and purchase of the Vehicle between a
prospective Dealer and a prospective User. Caricarz does not own, operate or control
any of the Vehicle that is listed, offered and/or supplied by the Dealer.
In this connection, the User is responsible to conduct his/her own due diligence with
respect to whether the Vehicle offered or provided by the Dealer is original, of
merchantable quality, genuine and/or meets the specifications and conditions as
prescribed by the Dealer.
In particular but without derogation to the other provisions of these Terms,
Caricarz is not responsible or liable for any of the following:
Restrictions
You agree not to, and you will not permit others to:
Payment
The User should carefully read the descriptions, details and review information such as specifications, price, option price, charges, and such other terms and conditions for the Vehicle before purchasing such Vehicle. Subject to the sale and purchase agreement entered between the Dealer and the User, the User agrees to make prompt payment to the Dealer. You agree that Caricarz is not involved in transaction which is considered solely between the User and the Dealer, Caricarz cannot ensure that the User or the Dealer would follow through and complete the transaction.
Delivery
The Dealers are solely responsible for delivering the sold Vehicle to the Users subject to the sale and purchase agreement entered between the Dealer and the User. You acknowledge and agree that Caricarz has no control over any delivery of the Vehicles sold through the Platform, including but not limited to the delivery fees, method specified by the Dealers, any delays, delivery failures, damages, or losses resulting from the delivery.
Return and Refund Policy
Should there be any dispute or conflict arising from or incidental to the return or refund of the Vehicle, the User shall communicate and negotiate with the Dealer directly to resolve such dispute or conflict. Caricarz shall not be held liable on occurrence which may give rise to product liability or liability for breach of warranty (whether covered by insurance or not) on the part of us, with respect to the Vehicle designed, manufactured, assembled, repaired, maintained, delivered, distributed or installed or services rendered prior to or on the date of purchase. The liability shall stay solely with the Dealers or any party providing such warranties.
Premium Selection Vehicle
All vehicle under the premium selection will be supplied with a 7 days money back guarantee
provided by the Dealer ("Guarantee"). The User reserves the right to request the Dealer to
re-purchase the Vehicle from the User and return the purchase price paid by the User in full
in the event that the Vehicle has been damaged by fire or water or is reported as a cut-and-joint
car, within five (5) days from the date the User collects the Vehicle from the Dealer. Caricarz
shall be entitled to appoint an expert to determine the state and condition of the car and the
decision of such expert shall be final and binding.
Caricarz shall not be held liable to the Guarantee supplied by the Dealer and Caricarz makes no
condition, representation or warranty of any kind regarding the suitability of the Platform content,
Vehicle and/or its specifications, information and descriptions. Caricarz expressly disclaims any
and all conditions, representations and warranties of merchantability or fitness for particular use,
including all implied warranties in connection with the foregoing. Caricarz also expressly disclaims
any condition, warranty or representation as to the accuracy, results, timelines and/or completeness
of all the postings by the Dealer, the report produced in relation to the Vehicle and all other content
available on or through the Platform.
The User’s recourse for the Guarantee and for any matter related to the Vehicle shall lie with and against the Dealer.
User Submissions
Any feedback, comments, ideas, improvements, suggestions, reviews, ratings, photographs, videos,
ideas (collectively, "Content") provided by you to us with respect to the Service and/or the Vehicle
shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish,
or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
The User further agrees and warrants that the User shall not submit any Content:
Links to Other Websites
Our Platform may contain links to other websites that are not operated by us ("Third-Party Websites”). We do not control the Third-Party Websites to which our links and assumes no responsibility for their content, terms and conditions or privacy policies and/or statements. Third-Party Websites and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. This includes any company providing online payment via credit card or e-banking.
Cookies
We use "Cookies" to identify the areas of our Platform that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit our Platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Platform correctly or at all. Like many web site operators, we also use the independent companies to measure and analyse the internet usage across the Platform. This aggregate, non-personal data is collected by such independent companies provided to us to assist in analysing the usage of the Platform. We also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of the service of providing internet session management and for security purposes.
Updates to Our service
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to these terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion,
at any time and for any or no reason, suspend or terminate this Agreement with or without prior
notice. This Agreement will terminate immediately, without prior notice from us, in the event that
you fail to comply with any provision of these Terms and/or any other terms and conditions or policies
which may posted by us from time to time. You may also terminate this Agreement by deleting your account
and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of
the Services and delete all copies of the Services from your computer. Termination of this Agreement will
not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of
this Agreement) of any of your obligations under the present Agreement.
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 Contents. Upon termination, all
licenses and rights granted to you in these Terms will immediately cease.
Infringement of Copyright
If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to defend, indemnify and hold us and our parents, subsidiaries, affiliates,
directors, officers, employees, agents, partners, successors, assignees and licensors
(if any) harmless from and against any claim, demand, liabilities, damages, costs,
judgments, losses or expenses (including reasonable legal fees on a full indemnity basis),
arising out of or in connection with: (a) use of the service; (b) violation of these Terms
or any Applicable Laws; (c) violation of any right of a third party; or (d) Caricarz’s
enforcement or attempt to enforce the obligations of the User; other than where any such
claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result
of Caricarz’s negligence.
Notwithstanding any other provision herein, it is agreed that neither party shall be liable
to the other party for any loss of profit, goodwill, business opportunity, and anticipated
savings or for any indirect, special or consequential loss or damage suffered or flowing
from this Terms, even if reasonably contemplated or if such other party has been advised
of the possibility of such loss or damage.
No Warranties
You acknowledge and agree that the Services are provided on an "AS IS" and "AS AVAILABLE"
basis to you and with all faults and defects without warranty of any kind, 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. To the maximum extent permitted
under applicable law, we, on our own behalf and on behalf of our affiliates and our
respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Services and/or the Vehicles,
including all implied warranties of merchantability, fitness for a particular purpose,
title and non- infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the foregoing,
we provide no warranty or undertaking, and makes no representation of any kind that
the Services will meet your requirements, achieve any intended results, be compatible
or work with any other software, websites, systems or services, operate without interruption,
meet any performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither us nor any provider makes any representation or
warranty of any kind, express or implied: (i) as to the operation or availability of the
service, or the information, content, and materials or products included thereon; (ii) that
the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability,
or currency of any information or content provided through the service; or (iv) that the
service, its servers, the content, or e-mails sent from or on behalf of us are free of
viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or
the limitations on the applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to you.
Limitation of Liability
You acknowledge and agree that your only right with respect to any problem or dissatisfaction with the Services is to request for termination of your account and/or discontinue any use of the Services. In no event shall Caricarz 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 Caricarz was advised of the possibility of such damages. Without limiting the generality of the foregoing, Caricarz’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by Caricarz in respect of the Services giving rise to such claims or, where relevant, shall not exceed the amount of Malaysia Ringgit then standing to the Caricarz’s credit in your account. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions will continue
in full force and effect.
These Terms, together with the Privacy Policy and any other legal notices published by
us on the Platform, shall constitute the entire agreement between you and us concerning
the Services. If any provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. YOU AND US AGREE
THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall be the waiver of a breach constitute
waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or
any power under this Agreement shall operate as a waiver of that right or power. Nor shall any
single or partial exercise of any right or power under this Agreement preclude further exercise
of that or any other right granted herein. In the event of a conflict between this Agreement and
any applicable purchase or other terms, the terms of this Agreement shall govern.
Entire Agreement
The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.
Intellectual Property
You acknowledge and agree that the Services, the Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ‘s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute in relation to the Services, the disputing Party must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested ("Notice of Dispute”). You must send any Notice of Dispute to us via email to:[email protected]. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. Parties will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. Should the Parties fail to reach an amicable arrangement after sixty (60) days, both Parties may commence arbitration.
Binding Arbitration
If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the Asian International Arbitration Centre in Kuala Lumpur (AIAC) in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of arbitration shall be Kuala Lumpur and the arbitration shall apply substantive law of Malaysia. The arbitral proceedings shall be conducted in English language.
Promotions
We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location ("Promotions Rules”). You are responsible to read all Promotions Rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference. Under certain circumstances, Caricarz may, at its sole discretion, at any time and without prior notice to the User, withdraw, modify, suspend, cancel or delete all, or a part of the Promotion or the Promotions Rules governing such Promotion.
Typographical Errors
In the event a Vehicle is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the Vehicle listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and the payment has been made. If the User has already made any payment for the purchase and such order is canceled, the Dealer shall immediately issue a credit to the User’s payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms (which include and incorporate our Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Governing Law
These Terms shall be governed by and construed in all respects in accordance with the laws of Malaysia.
Disclaimer
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
Contact Us
Don't hesitate to contact us if you have any questions.