Carsome provides an online automotive platform that allows the prospective buyers to research, compare, bid and purchase vehicle(s) listed on the Website.
By accessing and using the Website, you agree to comply with and be bound by these Terms which shall be applicable to all Users of the Website. If you are using and accessing the Website for and on behalf of a business entity, the term “you” in these Terms shall mean the business entity in which you are representing in using the Website, unless the context does not permit.
You are advised to read these Terms carefully as these affect your rights and liabilities under applicable laws and regulations in Malaysia. If you do not agree to these Terms, you should not use the Website.
2. Right to use and restrictions
2.1. You are responsible for the access to and use of the Website, including obtaining the necessary data network access, even if the access is by another person.
2.2. You are accessing and using the Website at your own risk. We shall not be liable for any damage to, or viruses or other codes that may affect any hardware or device, software, data or other property as a result of your access to and use of the Website.
2.3. You may only access the Website using authorised means. It is your responsibility to check and ensure that you have downloaded and/or updated the correct software for the hardware and device for your access to and use of the Website. We do not guarantee that the Website, or any part thereof, will function as intended on any particular hardware or device. We are not liable if you do not have compatible hardware or a compatible device or if you have downloaded the wrong version of the software on your hardware or device.
2.4. You shall access and use the Website in accordance with any instructions for access to and use of the Website which we may make from time to time, these Terms and regulations at the time being in force in Malaysia.
2.5. You shall not:
(a) impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party in connection with the Website, or express or imply that we endorse any statement you make;
(b) in any way damage or disrupt the Website and/or the operation of the Website;
(c) use the Website for any fraudulent, unauthorised or unlawful purpose;
(d) deliberately and knowingly provide information or content that is false, misleading, inaccurate, illegal, threatening, obscene, hateful, libellous or defamatory;
(e) use the Website in a manner that may be contrary to our interests and/or the interest of other Users;
(f) introduce or allow the introduction of computer viruses and/or other computer programming routines such as any viruses, malware, unsolicited e-mails, Trojan horses, trap doors, back doors, worms, time bombs or cancelbots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, relating to or in connection with the Website;
(g) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
(h) use the Website in a manner that is in breach of any laws and regulations in Malaysia.
2.6. We reserve the right to:
(a) check, vet and/or control any activity, content or information occurring on or through the Website;
(b) investigate any infringement of these Terms and take any appropriate action thereafter;
(c) restrict your access to and use of the Website if you violate any of the items stated in Clause 2.5 above; and/or
(d) report any suspicious activity concerning the possible transgression of any applicable law or regulation to the appropriate authorities and to cooperate with such authorities.
3. Warranties and Limitation of Liability
3.1. Prospective buyers are advised to read and understand the terms and conditions of the sale and to inspect the vehicles listed and conduct and rely on their own searches, enquiries, investigations and verifications on the accuracy and correctness of the particulars and information provided on the Website prior to purchasing.
3.2. All prospective buyers should also note that any vehicle(s) listed as available for sale herein is subject to terms and conditions of sale and that any of the above vehicle(s) may at anytime be withdrawn from the listing in the Website absolute discretion without any prior notice being given and for any reason whatsoever. The decision of the Website in relation to the proposed sale is final and shall not subject to challenge. Neither shall we, the Website nor its Agents be held liable for the contents herein in any manner whatsoever under any circumstances including but not limited to withdrawal of vehicle(s) from the sale.
3.3. We may modify or discontinue the Website or any of the services or features of the Website, including specific listings, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS AVAILABLE" basis. Carsome assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications.
4. Personal data
Our Personal Data Protection Notice governs the use of any personal information that you provide to us via the Website. A copy of the Personal Data Protection Notice can be accessed here at the Website.
We shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use or failures of the Website. We expressly disclaim any express and implied warranties, including, without limitation, completeness or accuracy of any information provided or made available to you. We do not warrant that the Website and any and all of its related facilities or capabilities will be free of interruption or error, that defects will be corrected, or that the equipment and software that makes the Website available is free of viruses or other harmful components.