POLICIES AND PRIVACY STATEMENT
THE COMPANY DOES NOT PROVIDE (1) VEHICLE BREAKDOWN SERVICES (2) TOWING SERVICES (3) VEHICLE MAINTENANCE, SERVICE AND REPAIR (4) SALES OF VEHICLE ACCESSORIES (5) VEHICLE TYRE AND RIM SALES, REPLACEMENT AND/OR REPAIR (6) VEHICLE AIRCOND SERVICE, REPAIR AND/OR REPLACEMENT (7) EXHAUST REPAIR, SERVICE AND REPLACEMENT (8) CAR INTERIOR AND EXTERIOR POLISH, CLEANING, SERVICE, REPAIR, PARTS AND/OR REPLACEMENT, (9) COST ESTIMATES AND QUOTATION, AND (10) DOES NOT PROVIDE ANY VEHICLE
WORKSHOP SERVICE OR PARTS & COMPONENT SALES ACTIVITIES (COLLECTIVELY, WORKSHOP SERVICES), AND THE COMPANY IS NOT A VEHICLE WORKSHOP OR SERVICE CENTRE, VEHICLE MANUFACTURER OR NOT A VEHICLE BREAK DOWN SERVICE PROVIDERS (COLLECTIVELY, CAR WORKSHOPS). IT IS UP TO THE THIRD PARTY WORKSHOP SERVICE PROVIDER TO OFFER WORKSHOP SERVICES, TO YOU AND UP TO YOU TO ACCEPT SUCH SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE THOSE VEHICLE SERVICE, REPAIR, QUOTATION OR COST ESTIMATES, BREAK DOWN SERVICE AND ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A VEHICLE WORKSHOP OR SERVICE CENTRES OR BREAKDOWN SERVICE PROVIDERS. THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF OR AN INACCURATE QUOTATION OR ESTIMATE (IN BOTH TIME AND PRICES) OF THOSE SERVICES BY THE PROVIDERS AND/OR ANY SERVICES RELATED TO YOU CAR THAT WAS PROVIDED TO YOU.
Representations and Warranties
You may only access the Service using authorized means. It is your responsibility to check to ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
By using the Software or the Services, you agree that:
• You will only use the Service for lawful purposes;
• You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings and appointment;
• You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
• You shall not contact the Third Party Workshop, Breakdown service and other than the Service;
• You will not impair the proper operation of the network;
• You will not try to harm the Service, Application and/or the Software in any way whatsoever;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will only use the Software and/or the Application for your own use and will not resell it to a third party;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
• You will provide us with whatever proof of identity we may reasonably request;
• You will only use an access point or data account (AP) which you are authorised to use;
• You are aware that when requesting Workshop or Breakdown service by SMS or use of the Service, standard telco charges will apply;
• You agree that the Service is provided on a reasonable effort basis;
• You may choose to pay for the Service by cash and where available, by credit card and or debit card (“Card”). This option shall be available even after you have registered a valid Card with us.
• In the event that you choose to pay for the Service by Card, you will need to register a valid Card in accordance with the instructions within the Application.
• You agree that we may verify and authorise your Card details when you first register the Card with us as well as when you use the Service.
• Once you have completed a service using the Service, your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the workshop service provided, then that dispute must be taken up with the workshop directly.
• You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
• You shall be responsible to resolve any disputes with your Card company on your own.
License Grant & Restrictions
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, noncommercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to
gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity.
Intellectual Property Ownership
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
Personal Data Protection Act
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit card or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“the Purpose”):
• To perform the Company’s obligations in respect of any contract entered into with you;
• To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
• To respond to questions, comments and feedback from you;
• To communicate with you for any of the purposes listed herein;
• For internal administrative purposes, such as auditing, data analysis, database records;
• For purposes of detection, prevention and prosecution of crime;
• For the Company to comply with its obligations under law;
• To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
• To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors;
Third Party Interactions
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE WORKSHOP AND BREAKDOWN SERVICE. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE MAXIMUM EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, REMAINS SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY WORKSHOP AND BREAKDOWN SERVICES BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, ADVERTISERS AND/OR SPONSORS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, ADVERTISERS AND/OR SPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR THE APPLICATION. THE QUALITY & PRICING OF THE THIRD PARTY WORKSHOP AND BREAKDOWN SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY WORKSHOP, BREAKDOWN SERVICES, WHO ULTIMATELY PROVIDES SUCH WORKSHOP AND BREAKDOWN SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO WORKSHOP AND BREAKDOWN SERVICES, THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysia court is unenforceable in the Alternate Country, unresolved disputes shall be referred to arbitration in Malaysia at the Malaysia International Arbitration Centre (‘MIAC’), in accordance with the Rules of the MIAC or failing which, such rules as may be applicable in the Alternate Country and shall be conducted before an arbitrator appointed by the mutual agreement of the Parties, failing such agreement, by the Director of the MIAC acting in accordance with the Rules of the MIAC or such rules as may be applicable in the Alternate Country.