ezAuto Classified – User’s Terms and Conditions
https://classified.ezauto.my/ and the Platform (hereinafter defined) is operated by Ezauto Classified Sdn Bhd (Registration No. 201901044420 (1353750-D)) a company incorporated in Malaysia with its address at D-35-01, Menara Suezcap 1, KL Gateway, 59200 Kuala Lumpur ("ezAuto", "our", "us" or "we").
References to these "Terms", include these terms and conditions which may be revised, amended or updated in the sole and absolute discretion of ezAuto from time to time, with or without notice to you and these Terms shall include all general practices, guidelines, and limits adopted or referenced under these Terms.
Unless otherwise stated, you should assume that the copyright in everything you see or read on the Platform including but not limited to any designs, text, graphics, source code, or software belongs to ezAuto. Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Platform without the prior written consent of ezAuto. The trademarks and logos displayed on the Platform are the registered and unregistered trademarks of the respective owners. Use of the trademarks displayed is strictly prohibited. You are advised that the owners of the trademarks will aggressively enforce their intellectual property rights to the fullest extent of law.
Please read these Terms, our privacy policy which may be accessed at https://classified.ezauto.my/privacy-policy-cookie ("Privacy Policy") and any other terms referenced in this document carefully. By accessing, browsing and/or using any part of the Platform and/or the Services (hereinafter defined) provided on it, you are deemed to have read and agreed to be bound by these Terms and our Privacy Policy, which may be revised, amended or updated in the sole and absolute discretion of ezAuto from time to time, with or without notice to you. Unless informed otherwise, all amendments will be effective upon posting of such updated Terms and/or updated Privacy Policy. Your continued access to or use of the Platform and/or the Services after such posting of updated Terms and/or updated Privacy Policy constitutes your consent to be bound by the updated Terms and/or updated Privacy Policy. Should you disagree with the updated Terms and/or updated Privacy Policy, please refrain from further accessing the Platform.
1 General Use of the Platform
1.1 You acknowledge and agree amongst others:
(a) except with the express written permission of ezAuto, to not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another website, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Platform, including without limitation, engaging in the practices of "screen scraping" , "database scraping", or any other activity with the purpose of obtaining lists of users or other information;
(b) to not damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment of the Platform;
(c) to not create links from any website or webpage to any page within the Platform;
(d) to not obtain or attempt to obtain any materials or information through any means not made readily accessible by ezAuto through the Platform;
(e) that ezAuto may in its sole discretion and at any time terminate your access to and use of the Platform, or any part thereof, with or without notice;
(f) that the use of the Platform and any of its Services shall be immediately terminated if you violate these Terms and Conditions. In addition, ezAuto reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you;
(g) the Services provided through the Platform may also be located on third-party websites or applications, via a link, click-through advertising, or otherwise ("Third-Party Advertisements"). Nothing contained in any of these Third-Party Advertisements is an offer or promise by ezAuto to sell a specific product or service for a specific price; and
(h) ezAuto does not make any representation or warranty with respect to such third-party services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party services, and you hereby release ezAuto from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services.
1.2 You acknowledge and agree that the Platform is merely a platform which facilitates and enables Users (hereinafter defined) to advertise, sell, and buy motor vehicles ("Services"). ezAuto does not own any of the motor vehicles that are advertised and sold by such third-party sellers.
1.3 For the avoidance of doubt, the terms "you", "your" or "User" in these Terms and Conditions refer to the person using and accessing the Platform and/or the Services.
"Account" means any Individual's Account or Seller's Account;
"Advertisements" has the meaning ascribed to it in paragraph 5.1;
"Affiliate" means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, "control" (including the terms "controlling", "controlled by" and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise and "Affiliates" shall be construed accordingly;
"Applicable Laws" means, with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject;
"Entity" means any company, business entity, partnership, limited liability partnership, society, co-operative society, organisation or such other legal entity that has been duly incorporated, established or formed (as the case may be) pursuant to any Applicable Laws and "Entities" shall be construed accordingly. This definition is extended to include any natural person using the Services on behalf of such Entity and it is presumed that such natural person is duly authorised to represent the Entity in accepting the Terms and Privacy Policy;
"ezAuto" means Ezauto Classified Sdn Bhd (Registration No. 201901044420 (1353750-D));
"Individual" means any individual who is eighteen (18) years old and capable of entering a legal binding agreement under Malaysia law;
"Individual's Account" means an account successfully registered on the Platform and maintained by an Individual;
"Platform" means https://classified.ezauto.my/ and the software solution platform known as "ezClassified" or such other platform as may be prescribed by ezAuto from time to time;
"Seller" means any Entity who has a Seller's Account;
"Seller's Account" means an account successfully registered on the Platform and maintained by a Seller;
"Services" has the meaning ascribed to it in paragraph 1.2;
"Terms" means these terms and conditions which may be revised, amended or updated in the sole and absolute discretion of ezAuto from time to time, with or without notice to you and these Terms shall include all general practices, guidelines, and limits adopted or referenced under these Terms;
"Third-Party Advertisements" has the meaning ascribed to it in paragraph 1.1 (g); and
"User" means any Individual or Entity who is accessing, browsing and/or using any part of the Platform and/or the Services and "Users" shall be construed accordingly.
3 Access to the Platform and/or the Services
3.1 You must first register an account in order to gain access to certain areas and/or Services as may be provided by ezAuto. You acknowledge and agree that your access to the Platform and/or the Services is at all times subject to these Terms.
3.2 If you are an Individual, you must be at least eighteen (18) years old to be eligible to access the Platform and access usage of the Services. You are only entitled to register and maintain one (1) Account.
3.3 If you are an Entity, you must first be registered with the Federation of Motor and Credit Companies Association of Malaysia ("FMCCAM") either as its permanent FMCCAM member or temporary FMCCAM member.
3.4 During the registration process, you may be required to provide ezAuto with:
(a) if Individual: full name, NRIC number, passport number, date of birth, contact details and bank account details and such other information as may be required and, in such form, as may be prescribed by ezAuto; or
(b) if Entity: the full name of Entity, the registration number of Entity, the constitutional and/or statutory documents of Entity and such other information as may be required and, in such form, as may be prescribed by ezAuto.
3.5 Your permission to use the Platform and/or the Services is conditional upon your agreement that you will provide accurate information when creating an account or registering for the Services.
3.6 We are entitled to:
(a) decline the registration of your Account, in the event you fail to meet the criteria under paragraph 3.2 or 3.3 (as the case may be) and/or fail to provide the required information under paragraph 3.4 and/or if any information provided by you is found to be false, inaccurate and/or incomplete; and
(b) suspend and/or terminate your Account, in the event you fail to provide such other information as may be prescribed by ezAuto from time to time and/or if any information provided by you is found to be false, inaccurate and/or incomplete and/or if you are found or suspected to be using proxy IPs (Internet Protocol addresses) in order to attempt to register multiple accounts, or if you create an account impersonating the identity of another Individual or Entity or you are found or suspected of disrupting the Platform and/or the Services in any way,
where such determination shall be in the sole and absolute discretion of ezAuto.
3.7 You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify ezAuto immediately of any breach of security or unauthorized use of your Account. ezAuto shall not be liable for any losses caused by any unauthorized use of your Account.
3.8 You acknowledge and agree that the Account grants you a non-transferable and revocable license to use the Platform and/or the Services, subject to these Terms. Any breach of these Terms shall result in the immediate revocation of the license granted herein without notice to you.
4 Usage of the Platform and/or the Services
4.1 The User acknowledges that its username and password for the access to the Platform and/or the Services shall be maintained with strictest confidentiality and ezAuto shall not be held liable for any damage or losses arising from such failure to maintain the said username and password.
4.2 ezAuto may, from time to time and without giving any reason or prior notice, modify, upgrade, suspend or discontinue the provision of and/or remove, whether in whole or in part, the Platform and/or the Services and ezAuto shall not be held liable for any affected use of the Platform and/or the Services and all damage or losses that may arise from such modification, upgrade, suspension, discontinuance of and/or removal of the Platform and/or the Services.
4.3 The User shall comply with any and all the guidelines, notices, policies and instructions pertaining to the use or access of the Platform and/or the Services, as well as any revisions issued by ezAuto from time to time. ezAuto reserves the sole and absolute right to revise these Terms at any time and the User shall be responsible for regularly viewing the information for the Terms including but without limitation to any changes and/or revisions to the same. If the User continues to use the Services and/or access and browse the Platform after the effective date, it shall constitute as an unconditional acceptance and agreement to be bound by the Terms. If the User does not accept such revisions and/or changes, the User may discontinue using the Services, failing which the User is deemed to have accepted the revisions and/or changes.
4.4 While using the Platform and/or the Services, the User shall undertake NOT to:
(a) use the Platform and/or the Services for illegal purposes;
(b) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform and/or the Services;
(c) falsely state or otherwise misrepresent its affiliation with any person or entity;
(d) affect other User's utilisation and enjoyment of the Platform and/or the Services;
(e) use any software or material that contains, or which having reason to suspect that contains, viruses, malicious code or harmful components which may impair or corrupt the Platform's data or damage or interfere with the operation of another User's computer or mobile device or the Platform and/or the Services;
(f) use the Platform and/or the Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other Applicable Laws;
(g) infringe any intellectual property rights of any third-party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of publicity or other proprietary rights or rights of publicity or privacy of any third-party, or contents that the User does not have a right to make available under any law or under contractual or fiduciary relationships;
(h) to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights;
(i) to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties), or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
(j) incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; and
(k) any such other actions as may be prescribed by ezAuto from time to time, in its sole and absolute discretion.
4.5 In respect of the management of the Services and/or the Platform, ezAuto reserves the right but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. ezAuto may at its sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action as it shall deem appropriate, including immediate suspension or termination of any Account;
(b) prevent or restrict access of any unauthorised users to the Platform and/or the Services;
(c) report any activity suspected to be in violation of any Applicable Laws to the appropriate authorities and to co-operate with such authorities in regard of any such violation; and/or
(a) request any information and data from the User in connection with the use of the Services and/or access of the Platform at any time and to exercise any of ezAuto's rights herein if the User refuses to divulge such information and/or data or if ezAuto has reasonable grounds to suspect that the User has provided inaccurate, misleading or fraudulent information and/or data.
5 Listing on the Platform by the Seller
5.1 Only Entities who have successfully registered for a Seller's Account may advertise the sale of motor vehicles on the Platform (collectively referred to as the "Advertisements" and each an "Advertisement").
5.2 While posting an Advertisement on the Platform, the Seller must comply with all the guidelines as may be prescribed by ezAuto from time to time, including but not limited to the following ("Guidelines"):
(a) Seller must only advertise one (1) motor vehicle per Advertisement;
(b) Seller must not advertise the same motor vehicle using multiple Advertisements. In this regard, a Seller may only re-advertise the motor vehicle if the earlier advertisement with respect to said motor vehicle has been removed from the Platform;
(c) Seller must not cross advertise any of Advertisements, i.e. Seller A is prohibited from advertising the same motor vehicle that has been advertised by Seller B on the Platform;
(d) Seller must ensure that the information listed in title of the respective Advertisements ("Title") is limited to the manufacturer, model, and year-of-manufacture (not the year-of-registration) of the motor vehicle;
(e) Seller must ensure all information submitted as the said motor vehicle's description ("Description") must be updated and accurate, including but not limited to the sale price, mileage, year-of-manufacture, colour, number of previous owners, history of major and minor maintenance works, engine capacity, assembly type, and such other information as may be prescribed by ezAuto from time to time, in its sole and absolute discretion;
(f) Seller must ensure that the information provided in the Title and the Description must be factually consistent;
(g) Seller must upload a clear pdf copy of the said motor vehicle's certificate of registration;
(h) Seller must ensure that each Advertisement must consist of a minimum of 6 images. Each Advertisement may host up to a maximum of 21 images said motor vehicle ("Images"). Seller must ensure that the Images:
(i) consists of at least one (1) image to depict the front exterior, side exterior, back exterior, dashboard, odometer, and car seats of the said motor vehicle respectively. For the avoidance of doubt, it is one (1) image in respect of each area as identified in the foregoing sentence;
(ii) the images relating to the front and back exterior of the said motor vehicle must clearly depict the motor vehicle registration plate number;
(iii) are of at least 864 x 640 resolution;
(iv) must be shot in a 4:3 ratio;
(v) must be in either .jpeg, .png, .gif, and .bmp formats; and
(vi) must not contain any watermark (whether belonging to the Seller or third-parties) or logos (whether belonging to the Seller or third-parties);
(i) Seller must ensure that the pricing published in respect of each Advertisement must:
(i) be on-the-road pricing (excluding insurance); and
(ii) must be clearly identifiable from the Advertisement and cannot be ambiguous, i.e. the pricing cannot be listed "Available on request", "RM8xxxx" or "RM55,000-RM60,000"; and
(j) any other directives, instructions and/or guidelines as may prescribed by ezAuto and amended from time to time.
5.3 The Seller acknowledges, represents and warrants that the Advertisements shall NOT:
(a) infringe any intellectual property rights of any third-party;
(b) violate any Applicable Laws, statutes, ordinances or regulations;
(c) be unlawful, harmful, threatening, abusive, defamatory or libellous to any persons in any way;
(d) be untruthful, false, deceptive, misleading, deceitful, mis-informative or constitutes �bait and switch'; and
(e) contain links to commercial services or websites, unless expressly allowed under the Terms.
5.4 ezAuto, its employees, officers, agents, and Affiliates (including their employees, officers, and agents) shall not be liable for any loss or damage you may suffer as a result of the publishing of any Advertisement consisting of inaccurate, misleading or fake information by the Sellers. If you have any queries regarding the Advertisements, please notify us at the details as provided in paragraph 13 and we will provide all necessary information and/or assistance for you to resolve such matter with the relevant Seller.
5.5 ezAuto, its employees, officers, agents and Affiliates (including their employees, officers, and agents) shall be fully indemnified and hold harmless by the Seller against all costs, expenses, loss, damages, claims, actions, proceedings or other charges as may be suffered or incurred, arising out of or in relation to the publishing of the Advertisement(s) by ezAuto.
5.6 Without limiting the foregoing, ezAuto shall be entitled to remove the following Advertisements without further notice or liability to you:
(a) Advertisements that are found to be in or suspected to be in breach of the Guidelines, whereby such determination shall be determined in ezAuto's sole and absolute discretion;
(b) Advertisements that contain details that is unrelated and/or inaccurate in respect of the motor vehicle depicted in the Advertisement, including but not limited to photos or information relating to another motor vehicle and misleading or outdated information regarding the motor vehicle; and
(c) Advertisements that are deemed unlawful, inappropriate or ambiguous by ezAuto, whereby such determination shall be determined in ezAuto's sole and absolute discretion.
6 Suspension and Termination
6.1 ezAuto shall be fully entitled at any time to (A) suspend and/or terminate any Account and/or (B) suspend and/or terminate the provision of the Platform and/or the Services and/or (C) take down any Advertisement for any of the following reasons:
(a) if the User does anything which may prevent ezAuto to continue with the provision of any Services;
(b) if the User commits any breach of any of the Terms;
(c) if the User does anything which in ezAuto's determination may damage the reputation of ezAuto, the Platform and/or the Services;
(d) if ezAuto is required by the law, statute, enactment, directions, regulations, code or any relevant authorities;
(e) if it is at ezAuto's determination that the Services may be used fraudulently, illegally or for unlawful purposes in breach of the Terms; or
(f) any other reasons which ezAuto shall deem fit and appropriate, whereby such determination shall be in the sole and absolute discretion of ezAuto.
6.2 Upon termination of any Account, Platform and/or provision of the Services, any Terms herein which are by their nature and context intended to survive such termination shall so survive.
6.3 Upon termination of any Account, Platform and/or provision of the Services, such User shall not be entitled to claim any compensation, loss of income or goodwill against ezAuto and ezAuto shall not be liable for any loss or damages arising therefrom.
6.4 Any determination of ezAuto under this paragraph shall be final and conclusive.
7 Intellectual Property Rights
7.1 You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this Platform, are owned by ezAuto, or in some cases, the other User, and that these remain the property of the respective owner and must not be used in any manner without the prior written consent of the owner.
7.2 Nothing contained on this Platform is to be interpreted as a recommendation to use any information on this Platform in a manner which infringes the intellectual property rights of any person. ezAuto makes no representations or warranties that your use of the information on this Platform will not infringe such intellectual property rights.
7.3 You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this Platform or commercialise any information obtained from any part of this Platform without the prior written consent of ezAuto or in the case of other User's material, from the User.
7.4 You may not modify or copy the layout or appearance of this Platform nor any computer software or code contained in this Platform, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this Platform.
8 Links to Other Websites
8.1 This Platform may contain links to other websites, content or resources (excluding Third-Party Advertisements), which are owned and operated by third parties. These linked websites are not under ezAuto's control and ezAuto shall not be held responsible for the operation, availability or contents of any linked website or any link contained in a linked website.
8.2 ezAuto provides these links to you for convenience only and the inclusion of any link does not imply ezAuto's endorsement of the linked website. You shall access linked websites at your own risk. ezAuto disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policy of all the third parties' websites that you visit.
8.3 This Platform is integrated with or may otherwise interact with third-party applications, websites, and services ("Third-Party Applications"). These Third-Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and that we are not responsible or liable for the behaviour, features, or content of any Third-Party Applications or for any transaction you may enter into with the provider of any such Third-Party Applications.
9 Personal Data
9.1 ezAuto's Privacy Policy which may be revised, amended or updated in the sole and absolute discretion of ezAuto may be access via https://classified.ezauto.my/privacy-policy-cookie forms an integral part of this Agreement. The User is deemed to have read, understood, and given its express and unconditional consent to be bound by the terms and conditions of the Privacy Policy by the User's continued access of the Platform and/or the Services.
10 General Representations, Warranties, and Undertakings
10.1 You acknowledge and agree that:
(a) you will not hold us responsible for other Users' content, actions or inactions, or items they list, including things they post;
(b) we are not a traditional online shopping service provider or auctioneer. Instead, we provide an electronic marketplace to facilitate buyers and sellers in arranging transactions amongst themselves;
(c) we are only responsible for operating and managing the Platform and whilst we make reasonable efforts in order to maintain efficient services, we are not involved in the actual transaction between you and the Sellers. In this regard, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users' content or listings, the ability of the Seller to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction;
(d) we are not responsible for giving effect to the transfer of legal ownership of the motor vehicles from the Sellers to you;
(e) we cannot guarantee continuous or secure access to our Services, and operation of the Platform may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Platform and/or the Services;
(f) ezAuto DOES NOT control the information provided by the Users that is made available through the Platform. The User may find another User's submitted content to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Platform, the User agrees to accept such risks and ezAuto is not responsible for the acts or omissions of Users on the Platform;
(g) ezAuto CANNOT control the information provided by other Users which is made available through the Platform. Note that all graphics displayed in listings may reside on ezAuto's servers, but ezAuto does not and cannot control the images that are uploaded by the Users. Information and images posted by an User may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Please use caution and common sense when using the Platform. ezAuto shall not be liable for any images that have been placed on the servers, as they are beyond control of ezAuto;
(h) By using this Platform for transaction, the Users agreed that this Platform, as a venue, are not responsible for any losses arise from fraud, cheating or scam from redemption, or direct negotiation or transaction conducted within any buyer and/or seller. In particular, ezAuto is not responsible and shall not be held liable for any acts, trades and transactions carried out outside the confines of the Platform;
(i) ezAuto shall not be responsible for any losses arise from fraud, cheating or scam which arise from the clicking any of the banners appears in the Platform and related site and re-directed to any third party website for any transaction done between the User and any third party;
(j) ezAuto uses many techniques to verify the accuracy of the Users' information when they register on the Platform. However, because user verification on the Internet is difficult, ezAuto cannot and does not confirm each User's purported identity. For verified User, ezAuto solely relies on information submitted by the User to ezAuto; and
(k) in the event that any User has a dispute with one or more Users, such Users shall release ezAuto, its employees, officers, agents, and Affiliates (including their employees, officers, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11 Limitation of Liability and Indemnity
11.1 Exclusion of liability: ezAuto, its employees, officers, agents, and Affiliates (including their employees, officers, and agents) and assigns shall not be liable to any User for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) use or reliance on any data or information made available through the Platform and/or the Services;
(b) the quality, safety, suitability or legality of vehicles advertised, the truth or accuracy of Users' content or listings, the ability of sellers to sell such vehicles, the ability of buyers to pay for such vehicles or that the completion of transaction;
(b) any access, use and/or inability to use the Platform and/or the Services due to reasons including but not limited to technical errors on part of the Platform and/or the Services and the maintenance, upgrading and/or modifications of the Platform and/or the Services (during which the use of the Platform and/or the Services is affected);
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros;
(d) any breach of the Terms as well as the documents referred therein; and
(e) any use of or access to any other website or webpage linked to the Platform, even if ezAuto, its employees, officers, agents, and Affiliates (including their employees, officers, and agents) may have been advised of, or otherwise might have anticipated, the possibility of the same.
11.2 No representations or warranties: All aspects of or content or features available through the Platform and/or the Services are provided "as is" and "as available," without express or implied warranty or condition of any kind. We make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. In addition, we make no representation nor do we warrant, endorse, guarantee, or assume responsibility for any Third-Party Applications (or the content thereof), Third-Party Advertisements, User submitted content, devices or any other product or service advertised, promoted or offered by a third-party on or through the Platform and we shall not be responsible or liable for any transaction between you and third-party providers (including the Sellers) of the foregoing.
11.3 At the User's own risk: Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or the Services is entirely at the User's own risk and ezAuto shall not be liable therefor.
11.4 Indemnity: The User undertakes and agrees to fully indemnify and hold ezAuto, its employees, officers, agents, and Affiliates (including their employees, officers, and agents) harmless from and against any and all claims, demands, actions, damages, losses, costs, charges, liabilities, and expenses arising out of or in connection with your breach of these Terms or any Applicable Laws or the rights of any third-parties.
11.5 You agree that your only sole and exclusive remedy for any problems or dissatisfaction with the Platform and/or the Services is to stop using the Platform and/or the Services. You agree that we shall have no obligation or liability arising from or related to Third-Party Applications or the content thereof made available through or in connection with the Platform and/or the Services.
11.6 You expressly acknowledge and agree that the disclaimers and exclusions of liability set forth in these Terms represent a fair and reasonable allocation of the risks and benefits of the contract between you and us, taking into account all relevant factors including without limitation the value of the consideration provided by you.
12 Miscellaneous
12.1 Cumulative rights and remedies: Unless otherwise provided under these Terms, the provisions of these Terms and ezAuto's rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies ezAuto may have in law or in equity, and no exercise by ezAuto of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
12.2 No waiver: ezAuto's failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. ezAuto would still be entitled to use its rights and remedies in any other situation where ezAuto breaches these Terms.
12.3 Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
12.4 Rights of third parties: A person or entity who is not a party to these Terms shall have no right under any legislation in any jurisdiction to enforce any term of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this paragraph shall affect the rights of any permitted assignee or transferee of these Terms.
12.5 Governing law: Use of the Platform and/or the Services and these Terms shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or in connection herewith, shall be referred to and finally resolved by arbitration within the meaning of the Arbitration Act 2005. The arbitration shall be conducted in accordance with the AIAC Arbitration Rules which are in force at the time of the reference to arbitration. The seat and venue of the arbitration shall be Kuala Lumpur. The arbitral proceedings shall be conducted in the English language. The User agrees that it may only bring a claim against ezAuto in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless ezAuto otherwise agrees, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
12.6 Injunctive relief: ezAuto may seek immediate injunctive relief if ezAuto makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
12.7 Amendments: ezAuto may by notice through the Platform or by such other method of notification as ezAuto may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms, such variation to take effect on the date ezAuto specifies through the above means. If the User uses the Platform and/or the Services after such date, such User is deemed to have accepted such variation. If the User does not accept the variation, such User must stop access or using the Platform and/or the Services and terminate these Terms. ezAuto's rights to vary these Terms in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms. Any information stipulated on this website or any of the Platform which may be referred to from time to time will constitute part of the Terms as contained herein.
12.8 Correction of errors: Any ezAuto's typographical, clerical or other error or omission in any acceptance, invoice or other document shall be subject to correction without any liability on ezAuto.
12.9 Force Majeure: ezAuto shall not be liable for non-performance or delay in the performance of ezAuto's obligations under these Terms (or any part thereof) or for any error, interruption, inaccuracy, unreliability or unsuitability of the Platform and/or the Services due, in whole or in part, directly or indirectly to events and/or failures which are beyond the reasonable control of ezAuto.
12.10 Language: In the event that these Terms is executed or translated in any language other than English ("Foreign Language Version"), the English language version of these Terms shall govern and shall take precedence over the Foreign Language Version.
12.11 Entire agreement: These Terms shall constitute the entire agreement between the User and ezAuto relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
12.12 Binding and conclusive: The User acknowledges and agrees that any records (including records of any telephone conversations relating to the Services, if any) maintained by ezAuto or its service providers relating to or in connection with the Platform and/or Services shall be binding and conclusive on the User for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between ezAuto and the User. The User hereby agrees that all such records are admissible in evidence and that the User shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and the User hereby waives any of its rights, if any, to so object.
12.13 Sub-contracting and delegation: ezAuto reserves the right to delegate or sub-contract the performance of any of its functions in connection with the Platform and/or the Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as ezAuto deems appropriate.
12.14 Assignment: The User may not assign its rights under these Terms without prior written consent from ezAuto. ezAuto may assign its rights under these Terms to any third party.
12.15 No partnership/agency: Nothing in this Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
12.16 Severability: If any provision of this Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this Terms shall not be affected.
13 ENQUIRIES OR COMPLAINTS
If you have any enquiries or complaints concerning the Terms, please contact us at:
Name: Ezauto Classified Sdn Bhd
Address: D-35-01, Menara Suezcap 1, KL Gateway, 59200 Kuala Lumpur
Tel: 03-27306781
Email: help@ezauto.my
