Carro Terms of Use:

Carro Services

We are in the business of operating one-stop centers where you can:-

(a) sell Your Used Vehicle to Us or Our Partner Buyers; and/or

(b) purchase Your New Vehicle from Us, book and arrange for test drive, apply for financing and/or insurance for your purchase of Your New Vehicle via Our Partner Financiers and/or Partner Insurers, which are made available to you partly and/or wholly via the Platform.

These Carro Services T&C set out the terms and conditions which govern Our Carro Services. Carro Services T&C comprises of:-

1. Part A : T&C governing your personal data;
2. Part B1 : T&C governing your sale of Your Used Vehicle to Us;
3. Part B2 : T&C governing your sale of Your Used Vehicle to Our Partner Buyers;
4. Part B3 : General T&C governing your sale of Your Used Vehicle;
5. Part C1 : T&C governing your purchase of Your New Vehicle from Us, test drive, your application for financing and/or insurance with Our Partner Financiers and Partner Insurers and 5-Day Test to Own;
6. Part C2 : General T&C governing your purchase of Your New Vehicle; and
7. Part D : Definitions.

Please read these Carro Services T&C carefully as they affect your rights and liabilities in opting for Carro Services and indicate your unequivocal acceptance of the same by selecting the applicable parts of these Carro Services T&C. These Carro Services T&C shall be read together with all other documents presented to and/or executed by you.

Note: You are entering into a legally binding agreement.

PART A : YOUR PERSONAL DATA

YOUR PERSONAL DATA

You agree to comply with all data protection provisions including, without limitation, the Personal Data Protection Act 2010, its subsidiary legislation and any other applicable legislation relating to data protection and in this respect, you consent to the processing of your personal data (as defined in the Personal Data Protection Act 2010) by Us in accordance with the provisions of the Privacy Notice carro.co/my/en/terms#privacy-notice and for such purposes as may be necessary for the provision of Carro Services or as may be stipulated in these Carro Services T&C and the Privacy Notice. We shall have the right to modify, update and/or amend the Privacy Notice at any time. It shall be your responsibility to monitor for such modification, updates and/or amendments. Your use and continued use of the Carro Services following the modification, updates and/or amendments will constitute your unequivocal acceptance to the same.

CREDIT CHECKS

You authorize and give full consent to Us to conduct credit check, trade check and/or other check(s) on you and/or Your Used Vehicle as We may deem fit including but not limited to checking with registered credit bureau and/or any reporting agency(ies) under the Credit Reporting Agencies Act 2010 for the purpose of assessing your credit worthiness (such as CTOS Data Systems Sdn. Bhd., Central Credit Reference Information System, Experian Information Services (Malaysia) Sdn. Bhd. and Financial Information Services Sdn. Bhd.) at any time for as long as you have a relationship with Us and/or where any dues remain unpaid and outstanding with Us, and that you agree to execute all consent form(s) and/or to provide any additional document(s) necessary for such credit check(s). You understand and agree that any information given by you including the personal data collected or held by Us (whether obtained through the Platform, your previous or current transactions with Us or otherwise obtained) may be processed, held, used and/or disclosed to any relevant credit bureau, reporting agency(ies) and/or credit checking officer(s) as We may deem necessary, particularly in the event of any non-compliance on your part, without any liability and notice to you.

PART B : SELLING YOUR USED VEHICLE

You may opt to sell Your Used Vehicle to:-

(a) Us; or
(b) one of Our Partner Buyers via a bidding system on the Platform.

PART B1 : SELLING YOUR USED VEHICLE TO US

1. In-House Inspection and Mobile Inspection

You may opt to have Us conduct a physical inspection of Your Used Vehicle, collect details and photographs of Your Used Vehicle and the Transaction Documents at:-

1.1. any one of Our RX-2 during Our operating hours; or

1.2. subject always to Our availability and your prior appointment with Our dedicated staff, at your selected location in Malaysia.

You agree that the inspection of Your Used Vehicle is prepared from visual and external checks of Your Used Vehicle only and is limited to the parts and/or items identified on the inspection report. We shall not be held liable and are not responsible for any latent defects which are later discovered.

We do not provide any implied or express warranty regarding the nature, reliability, accuracy or completeness of any information contained in the inspection report or the fitness of the information contained in the inspection report for any purpose intended, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C. You agree to rely upon the inspection report at your own risk and judgment.

We shall not be obliged to check for any manufacturer recall notices and the obligation is on you to check that Your Used Vehicle is not subject to a recall notice.

We shall also not be responsible for verifying the accuracy of the vehicle mileage as indicated by Your Used Vehicle’s odometer.

2. Offer

Upon having conducted the inspection and Our satisfaction of the condition of Your Used Vehicle, We shall make available to you an Offer with an Offer Price.

3. Acceptance

Our Offer shall remain valid for three (3) days from the date of the Offer for your Acceptance, failing which you shall be deemed to have rejected Our Offer.

4. Payment of Offer Price

Upon your Acceptance, We shall make payment of the Offer Price:-

4.1. in the event you are NOT purchasing a vehicle from Us, in accordance with Part C of these Carro Services T&C; or

4.2. in the event you are purchasing Your New Vehicle from Us, the Offer Price shall be set-off against any Deposit required for Your New Vehicle; and

4.2.1. in the event that there remains any Offer Price after setting-off the Deposit required, such remaining part of the Offer Price shall be released to you in accordance with Part B1 of these Carro Services T&C; or

4.2.2. in the event that the Offer Price is insufficient for setting-off the Deposit required, you shall pay to Us the outstanding Deposit in accordance with Part C of these Carro Services T&C.

5. Delivery and Completion of Sale

5.1. Subject always to Our availability and prior appointment with Our dedicated staff, you shall arrange for delivery of Your Used Vehicle to Us within five (5) days of your Acceptance at one of Our RX-2 or We shall arrange for collection at an agreed location in Malaysia between Our dedicated staff and you.

5.2. Your Used Vehicle shall be subject to a further inspection to verify the conditions of Your Used Vehicle since the first inspection.

5.3. In the event We are satisfied with the condition of Your Used Vehicle and:-

5.3.1. Your Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), We shall be entitled to arrange for the settlement of the Outstanding Amount and you shall provide a redemption letter and/or a settlement letter from such third party (including a financial institution) for the purpose of evidencing the same. The Outstanding Amount settled shall be set-off against the Acceptance Price.

(a) In the event there remains any part of the Offer Price after setting-off the Outstanding Amount (and the Deposit in accordance with Item 4.2 Part B1 of these Carro Services T&C, if applicable), We shall remit the same to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents to Us. You shall be obliged to deliver to Us the Transaction Documents.

(b) In the event the Offer Price is insufficient to set-off against the Outstanding Amount, you shall first settle such difference before We shall remit the Offer Price to the relevant financial institution. Thereafter you shall immediately deliver to Us the physical possession of Your Used Vehicle and the Transaction Documents.

5.3.2. If your Used Vehicle is unencumbered, you shall immediately deliver to Us the physical possession of Your Used Vehicle and the Transaction Documents and We will remit the Offer Price to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents.

5.3.3. In the event We are not satisfied with the condition of Your Used Vehicle (which may arise due to factors including but not limited to that Your Used Vehicle was involved in a major accident, flood, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or beyond economic repair (“BER”) since the first inspection), We shall be entitled to terminate the Offer and your Acceptance with immediate effect and We shall not have any liability towards you under whatsoever circumstances.

PART B2 : SELLING YOUR USED VEHICLE TO OUR PARTNER BUYERS

1. Relationship

1.1 We will facilitate the sale between you and Our Partner Buyers via the Platform. Your Used Vehicle offered for sale on the Platform is offered for sale by you as the seller, and not by Us and is purchased by Our Partner Buyers, and not Us. We will promote and market Your Used Vehicle to Our Partner Buyers in an attempt to get you a competitive price. You are free to continue to use Your Used Vehicle unless or until a successful bid is accepted by you.

1.2 For the avoidance of doubt, We do not guarantee that Your Used Vehicle entering into a Bidding Event will result in it being sold at your desired selling price nor can We guarantee the length of time that will take for Your Used Vehicle to be sold.

1.3 You agree to appoint Us (and any other individual, employees, officers, sub- contractors and/or agents as We may duly appoint as Our representatives) to act as your facilitator for the sale of Your Used Vehicle.

1.4 You irrevocably agree and undertake that you will not collude with any of Our Partner Buyers and/or purchaser to complete a transaction independently and separately in order to circumvent such Partner Buyer’s or purchaser’s obligation to pay any fee to Us and that you are obliged to report to Us in a timely manner should any attempt to do so are made known to you, failing which We reserve the right to bar you from engaging Carro Services whether at present or in the future.

2. Services Provided By Us & Fee (if any)

We provide the following services:-

2.1 representing you as a facilitator for the sale of Your Used Vehicle;

2.2 conducting a preliminary physical inspection on Your Used Vehicle and collecting details and photographs of Your Used Vehicle and the Transaction Documents at:-

2.2.1 any one of Our RX-2 during Our operating hours; or

2.2.2 subject always to Our availability and your prior appointment with Our dedicated staff, at your selected location in Malaysia;

2.3 advising you on the recommended listing and/or sale price of Your Used Vehicle;

2.4 attending to the listing of Your Used Vehicle on the Platform and communicating the details of Your Used Vehicle to Our Partner Buyers;

2.5 conducting a Bidding Event in an attempt to obtain a competitive Offer Price for Your Used Vehicle;

2.6 communicating to you the bid price; and

2.7 facilitate the ownership transfer process of Your Used Vehicle (in which you shall undertake to do everything necessary to procure the transfer of Your Used Vehicle’s ownership) and remit payment to you upon Our receipt of the purchase price (being the final bid price accepted by you) from Our Partner Buyers or purchaser AND your delivery of the physical possession of Your Used Vehicle and the Transaction Documents to Us.

Subject always to the completion of the sale and purchase of Your Used Vehicle and in consideration of the Bidding Related Services above, We shall be entitled to charge a fee made known to you prior to the provision of the Bidding Related Services.

3. Bidding of Your Used Vehicle & Acceptance

3.1 Your Used Vehicle may be listed on the Platform for the Bidding Event for the prevailing duration of a Bidding Event.

3.2 You shall indicate your Acceptance of any bid within twenty-four (24) hours (or such other period as We may determine at Our sole discretion) after the closing of the Bidding Event, failing which you shall be deemed to have rejected all bids. Upon your Acceptance of any bid, you shall be obliged to sell Your Used Vehicle to the successful bidder.

3.3 The price at which Acceptance occurs shall be known as “Acceptance Price”.

4. Payment of Acceptance Price

Upon your Acceptance, We shall procure payment of the Acceptance Price:-

4.1 in the event you are NOT purchasing a vehicle from Us, in accordance with Item 5 Part B2 of these Carro Services T&C; or

4.2 in the event you are purchasing Your New Vehicle from Us, the Acceptance Price shall be set-off against any Deposit required for Your New Vehicle; and

4.2.1 in the event that there remains any Acceptance Price after setting-off the Deposit required, such remaining part of the Acceptance Price shall be released to you in accordance with Item 5 Part B2 of these Carro Services T&C; or

4.2.2 in the event that the Acceptance Price is insufficient for setting-off the Deposit required, you shall pay the outstanding Deposit in accordance with Part C of these Carro Services T&C.

5. Delivery and Completion of Sale

5.1 Subject always to Our availability and your prior appointment with Our dedicated staff, you shall arrange for delivery of Your Used Vehicle to Us within five (5) days from your Acceptance date at one of Our RX-2 or We shall arrange for collection at an agreed location in Malaysia between Our dedicated staff and you.

5.2 Your Used Vehicle shall be subject to a further inspection to verify the conditions of Your Used Vehicle since the first inspection.

5.3 In the event We are satisfied with the condition of Your Used Vehicle; and

5.3.1 Your Used Vehicle is subject to any facility or hire purchase with a third party (including a financial institution), We shall be entitled to arrange for the settlement of the Outstanding Amount and you shall procure for a redemption letter and a settlement letter from the financial institution for purpose of evidencing the same for Our reference and recordkeeping. The Outstanding Amount settled shall be set-off against the Acceptance Price.

(a) In the event there remains any part of the Acceptance Price after setting- off the Outstanding Amount (and the Deposit in accordance with Item 4.2 Part B2 of these Carro Services T&C, if applicable), We shall arrange for it to be remitted to you (less any agreed applicable fee) within twenty- four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Documents to Us provided always that the full purchase price has been received by Us from Our Partner Buyers or purchaser.

(b) In the event the Acceptance Price is insufficient to set-off against the Outstanding Amount, you shall first settle such difference before We arrange for the remittance of the Acceptance Price to the relevant third party (including a financial institution). Thereafter you shall immediately deliver to Us the physical possession of Your Used Vehicle and the Transaction Documents.

5.3.2 If your Used Vehicle is unencumbered, you shall immediately deliver to Us the physical possession of Your Used Vehicle and the Transaction Documents and We will arrange for remittance of the Acceptance Price (less any agreed applicable fee) to you within twenty-four (24) hours upon your delivery of physical possession of Your Used Vehicle and the Transaction Document to Us provided always that the full purchase price has been received by Us from Our Partner Buyers or purchaser.

5.3.3 In the event We are not satisfied with the condition of Your Used Vehicle (which may arise due to factors including but not limited to that Your Used Vehicle was involved in a major accident, flood, fire, frame damage, mileage tempering, odometer fraud and/or has been declared total loss or BER since the first inspection), on behalf of Our Partner Buyers, We shall be entitled to:-

(a) terminate the Offer and your Acceptance with immediate effect and We shall not have any liability towards you under whatsoever circumstances; or

(b) make a fresh Offer upon which these Carro Services T&C shall apply to such fresh Offer.

PART B3 : GENERAL TERMS ON SELLING YOUR USED VEHICLE

1. Use of Your Used Vehicle Pending Delivery and Completion of Sale

In the event that due to any reason whatsoever, We and/or Our Partner Buyers have remitted any amount to a third party (including a financial institution which Your Used Vehicle is under hire pursuant to a hire purchase arrangement) but have yet to take physical possession of Your Used Vehicle or the transfer of ownership of Your Used Vehicle to Us has yet to take effect, you acknowledge and agree that:-

1.1 ownership of Your Used Vehicle rests with Us or Our Partner Buyers and that you are holding Your Used Vehicle on trust for Us or Our Partner Buyers;

1.2 until such time that We have taken physical possession and ownership of Your Used Vehicle, you shall not use Your Used Vehicle any further save and except to procure delivery of physical possession to Us and shall not deal with Your Used Vehicle any further save and except to procure transfer of ownership to Us or Our Partner Buyers; and

1.3 in the event that the condition of Your Used Vehicle shall change or be altered in any manner whatsoever since Our last inspection, We and/or Our Partner Buyers shall be entitled to terminate the transaction with no further liability towards you and shall be entitled to recover from you all such sums paid towards the purchase of Your Used Vehicle from you.

2. Your Warranties

2.1 In consideration of all of the above, you represent and warrant to Us that:-

2.1.1 you are the rightful, registered, legal and beneficial owner of Your Used Vehicle and have the absolute power, right and authority to enter into the arrangements contemplated here and the entering of these Carro Services T&C and/or sale of Your Used Vehicle will not breach any agreement, provision and/or covenant with any third party;

2.1.2 save and except as notified by you prior to your Acceptance, Your Used Vehicle is free and clear from all liens, loans and encumbrances;

2.1.3 Your Used Vehicle is not stolen good, obtained fraudulently, has been used in any illegal activities, involved in any crime and/or installed with any illegal parts and/or accessories thereon;

2.1.4 the chassis number, engine number, mileage and/or odometer of Your Used Vehicle shall not have been tampered with;

2.1.5 Your Used Vehicle has not undergone any replacement of engine and/or modification without endorsement from the appropriate authorities and in contravention of any applicable laws, directives, instructions, laws, guidelines, procedures, codes, regulations, standard operating procedures (SOP), policies, standards and/or rules of any regulatory bodies, authorities, government, court, tribunal and/or other judicial authority at all times;

2.1.6 Your Used Vehicle shall be free from any traffic summons, fines, penalties and/or outstanding parking fees and We shall not be held responsible and/or liable to any traffic summons, fines, penalties and/or outstanding parking fees that has been incurred prior to and/or at the time of sale of Your Used Vehicle to Us, Our Partner Buyers and/or purchaser;

2.1.7 Your Used Vehicle shall be free from any lawsuits, claims, injunctions, investigations, proceedings, legal and/or any regulatory actions;

2.1.8 Your Used Vehicle shall be roadworthy, fully serviced and comply with all requirements of the Road Transport Department of Malaysia;

2.1.9 you shall promptly inform and disclose to Us any defectiveness and/or condition relating to Your Used Vehicle that is made known or should have made known to you at any time prior to, during or after the Offer or Bidding Event and shall continue to keep Us informed of the condition of Your Used Vehicle at all time until Your Used Vehicle is successfully sold and delivered to Our possession. For the avoidance of doubt, “defectiveness“ shall include but not limited to major accident, flood, fire, frame damage, total loss, replacement of engine, cut and joint, modification, engine drivetrain, transmission, other major mechanical and/or electric parts that do not operate (including problems with steering, clutch, suspension and/or brakes) and “condition“ shall include but not limited to all information regarding the ownership, history, accident record, financing and/or insurance particulars of Your Used Vehicle;

2.1.10 the condition of Your Used Vehicle on the date We receive or take physical possession of Your Used Vehicle is the same as the condition of Your Used Vehicle during the inspection of Your Used vehicle and/or as at the publication of the inspection report;

2.1.11 the Transaction Documents and any other documents related to Your Used Vehicle are complete, up-to-date and genuine;

2.1.12 should Your Used Vehicle be subject to any outstanding facility or hire purchase amount with a third party (including a financial institution), whether presently or previously, you shall procure or cause to be procured that the e- batal slip be furnished to the relevant authorities;

2.1.13 you have obtained and will continue to maintain all related documentation, insurance, permit(s) and/or license(s) required for Your Used Vehicle, including but not limited to permits and licenses which shall be obtained from authorized government officials or pursuant to such applicable laws and requirements and shall submit copies of such permit(s) and/or license(s) to Us, where required; and

2.1.14 all information provided by you to Us is true, up-to-date and accurate; and

2.1.15 in relation to Your Used Vehicle’s condition, Your Used Vehicle:

(i) has not been affected by flood, fire and/or frame damage;
(ii) has not been involved in major accident;
(iii) has not been involved in a vehicle cloning activity;
(iv) has not been declared as a total loss or BER;
(v) has not been a “cut and join” (kereta potong) or blacklisted by any government authority;
(vi) is not a used government official vehicle; and/or
(vii) is not with chassis or engine number not visible.

2.1.16 Should you wish to retain your Used Vehicles’ number plate (“Interchange“), you shall promptly and without delay promptly do all acts and execute all documents whenever requested by Us and the relevant authorities to give effect to the Interchange.

2.2 If any of Your Warranties (save for Item 2.1.7 of Part B3 of these Carro Services T&C) shall at any time hereafter be found to have been untrue, incorrect, misleading and/or inaccurate in any respect, in such event and notwithstanding anything to the contrary herein contained and without prejudice to any of Our other rights and remedies stated herein and/or under the laws (including institution of legal proceedings against you), We shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform and/or terminate these Carro Services T&C with you whereupon We shall be entitled to demand you to refund to Us the full purchase price remitted by Us and in exchange, We will return to you the physical possession of Your Used Vehicle and the Transaction Documents delivered and deposited by you to Us.

2.3 If your warranty referred to in Item 2.1.7 of Part B3 of these Carro Services T&C shall at any time hereafter be found to have been untrue, incorrect, misleading and/or inaccurate in any respect, in such event and notwithstanding anything to the contrary herein contained and without prejudice to any of Our other rights and remedies stated herein or under the laws (including institution of legal proceedings against you), We shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform and/or terminate these Carro Services T&C with you whereupon We shall be entitled to demand you to refund to Us the full purchase price remitted by Us. In the event Your Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that We are in no position to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Therefore, you acknowledge that We shall not be obliged to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us.

2.4 We reserve the right to report you to the relevant authorities if We have proof or reasonably believe that you have undertaken fraudulent or illegal practice and/or activities with regard to Your Used Vehicle and/or undertaken any activities harmful and/or prejudicial to Us during the course of Carro Services.

3. Non-Registration

3.1 In the event the legal ownership of Your Used Vehicle cannot be transferred for whatsoever reason, We shall forthwith notify you and provide supporting documents reflecting the same and whereupon We shall be entitled:-

3.1.1 to demand you to refund to Us/Our Partner Buyers the full purchase price remitted by Us/Our Partner Buyers to you and/or such third party for the purpose of purchasing Your Used Vehicle; and

3.1.2 in exchange and provided that your Used Vehicle is not under the custody of relevant authorities or is transferred into the custody of the relevant authorities, We will return to you the physical possession of Your Used Vehicle and the Transaction Documents delivered and deposited by you to Us/Our Partner Buyers pursuant to the above. In the event Your Used Vehicle is under the custody of relevant authorities or is transferred into the custody of the relevant authorities, you acknowledge that We are in no position to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us. Therefore, you acknowledge that We shall not be obliged to return to you the physical possession, ownership and the Transaction Documents of Your Used Vehicle delivered and deposited by you to Us.

4. Other Services

If you require any of Our authorised employee, representative and/or agent to drive Your Used Vehicle as part of the provision of Our Carro Services to facilitate the sale of Your Used Vehicle, you shall authorize and nominate such person to be a driver and you agree that, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C, neither We nor such authorized person shall be liable for any loss and/or damage to Your Used Vehicle and any other losses, damage, cost and/or expenses whatsoever and howsoever caused (including without limitation to the loss of no-claim bonus in respect of Your Used Vehicle’s insurance) unless it is due to Our gross negligence, fraud or wilful default. You further agree and acknowledge that, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C, We and Our employees, representatives and/or agents shall have no responsibility for risk and/or liability arising from bodily injury, death and/or property damage due to the negligence of a third party while providing the Carro Services. We do not however exclude liability for death or personal injury caused by Our gross negligence, fraud or wilful default or any other liability that cannot be excluded and/or limited by laws applicable to these Carro Services T&C. None of your statutory rights are affected.

PART C : BUYING YOUR NEW VEHICLE

You may buy Your New Vehicle from Us via the Platform.

To facilitate the above, you may opt to:-

(a) apply for financing for the purchase via one of Our Partner Financiers; and/or
(b) apply and purchase vehicle insurance via Partner Insurers.

PART C1 : BUYING YOUR NEW VEHICLE FROM US

1. Test Drive

Any test drive of Your New Vehicle shall be subject to these Carro Services T&C and any additional terms and conditions that is imposed by Our respective RX-2 outlets which is made known to you prior to the test drive.

1.1 Qualification: Test drive is subject to you satisfying Our eligibility criteria determined from time to time (which includes that you must hold a valid Malaysia drivers’ license appropriate to Your New Vehicle to be test driven and a Malaysian identity card or passport, whichever is applicable). You represent and warrant that you have the necessary licenses and are fit and proper to conduct the test drive.

1.2 Availability: Test drive is subject to availability of Your New Vehicle and Our schedule. Notwithstanding this, We reserve the right to withdraw the test drive, for whatsoever reason and without any liability to you for doing so.

1.3 Test Drive: You may test drive Your New Vehicle for not more than thirty (30) continuous minutes or only within the specified time provided by Us along the routes as We may designate from time to time, accompanied by Our dedicated staff and you shall exercise due care and caution at all times. The starting point and ending point of the Test Drive shall be the same location unless agreed otherwise by Us. You may only use the test drive for evaluation of Your New Vehicle only. You will be responsible for all toll fees, parking fees, any summons and/or fines arising from the Test Drive. In relation to toll fees, parking fees, summons and/or fines, We reserve the right to pay first and shall be entitled to recover the same from you.

1.4 Risk: You shall be liable for any loss or damage to Your New Vehicle including any injury and/or death to our dedicated staff, any third party using it and/or to any person as a consequence of your test drive (including risks, dangers, hazards and/or damages arising out of minor fender bender, collision with non-moving objects and/or major accidents) due to your act, omission, default, negligence and/or inaction and your undertake to make good such loss, damage and/or injury at your own cost and expense to Our satisfaction.

1.5 Ownership: The ownership of Your New Vehicle shall remain with Us at all times and you shall not, without Our prior written consent, offer to sell, assign, lease, mortgage, charge, encumber and/or part with possession or otherwise deal with Your New Vehicle nor create or allow any lien over Your New Vehicle.

1.6 Condition: Your New Vehicle should be returned to Us in the same condition as when Your New Vehicle was collected by or delivered to you save for fair and reasonable use of fuel. No changes shall be made to Your New Vehicle (including any repair) and no accessories and/or parts are to be removed.

1.7 Your Undertaking: During the test drive, you shall comply with all related road traffic acts and/or such other applicable legislations. You authorize Us to provide information relating to you (including your personal data) in response to any request by the police and/or any other relevant authorities for purposes and/or reasons relating to your test drive.

1.8 Termination of Test Drive or Post Test Drive: In the event of any non-compliance of the terms herein, any applicable laws, regulations and/or any misconduct by you, We shall be entitled to terminate the test drive immediately and/or take such other actions as We deem proportionate to the breach and/or the misconduct including barring you from future test drive with Us.

2. Offer to Purchase Your New Vehicle and Booking Fee

2.1 You shall indicate your Offer to Purchase by selecting Your New Vehicle via the Platform and submitting the requisite information and documents indicated on the Platform and requested by Us from time to time. By placing an Offer to Purchase, you represent and warrant that you have read and understood and accepted the Report published on the Platform accompanying Your New Vehicle and that your Offer to Purchase is based on the condition of Your New Vehicle as stated in the Report.

2.2 Upon Our receipt of your Offer to Purchase, you shall be provided with a written statement complying with Part I & II Second Schedule Hire-Purchase Act 1967/sales order detailing among others, particulars relating to your financial obligations pursuant to the Offer to Purchase.

2.3 You shall thereafter make payment of the Booking Fee indicated on the Platform.

2.4 Only upon Our receipt of the Booking Fee for Your New Vehicle and Our issuance to you of a receipt as an acknowledgement of receipt of the Booking Fee, We shall be deemed to have accepted your Offer to Purchase.

2.5 Your Offer to Purchase is not transferable.

3. Cancellation of Offer to Purchase

3.1 You are entitled to cancel your Offer to Purchase at any time by writing to Us.

3.2 Upon Our receipt of your written cancellation, We shall refund to you the Booking Fee. We reserve the right and shall be entitled (but not obligated) to make Your New Vehicle available to another potential buyer as We deem fit.

4. Application for Financing and Insurance (if any)

4.1 You authorize Us to provide information relating to you (including your personal data) to Our Partner Financiers and Partner Insurers for the purpose of Our Partner Financiers and Partner Insurers offering you a financing facility and insurance for the purchase of Your New Vehicle.

4.2 Your eligibility for such financing and vehicle insurance shall be subject to these Carro Services T&C and any additional terms and conditions imposed by Our Partner Financiers and Partner Insurers which would be made available to you from time to time.

4.3 In the event you are selling Your Used Vehicle to Us or Our Partner Buyers in accordance with Part B of these Carro Services T&C simultaneously with the purchase of Your New Vehicle, you shall be obliged to deliver physical possession and the Transaction Documents of Your Used Vehicle to Us prior to your acceptance of any approved financing and insurance from Our Partner Financiers and Partner Insurers.

5. Payment of Deposit

5.1 In the event you are purchasing Your New Vehicle by cash, you shall pay the Deposit of Your New Vehicle within seven (7) days from the payment date of the Booking Fee.

5.2 In the event you are purchasing Your New Vehicle by way of financing, you shall pay the Deposit of Your New Vehicle upon execution of the facility or financing agreement which shall be within seven (7) days from the payment date of the Booking Fee.

6. 7-Day Booking Policy

6.1 Upon your payment of the Booking Fee being not more than one percent (1%) of the purchase price of Your New Vehicle to Us, We shall reserve Your New Vehicle for seven (7) days only from the date of Our receipt of your Booking Fee.

6.2 If you are unable to pay the Deposit within seven (7) days from the payment date of the Booking Fee, you shall be deemed to have cancelled your Offer to Purchase and We reserve the right and shall be entitled (but not obligated) to make Your New Vehicle available to another potential buyer as We deem fit.

6.3 We may (but not obligated to) source for the next option available for you (“Next Option”). You shall not be obligated to accept the Next Option. If you refuse the Next Option, We shall refund to you the Booking Fee.

7. Delivery and Completion of Purchase

7.1 Upon Our receipt of the Deposit, the balance purchase price and such other fee payable (if any) in full by you to Us, We shall on the Delivery Date, ensure that:-

7.1.1 We deliver to you Your New Vehicle;

7.1.2 We execute or provide you with the Transaction Documents relating to transfer of ownership of Your New Vehicle in your favour;

7.1.3 the ownership of Your New Vehicle is duly registered unto your name; and

7.1.4 We deliver to you or your financier, as the case may be, the car grant or the vehicle ownership certificate of Your New Vehicle.

7.2 At your choice, physical possession of Your New Vehicle shall be delivered to you at:-

7.2.1 one of Our RX-2; or

7.2.2 your selected location in Malaysia provided always that We shall be entitled to charge a fee in the event your selected location is outside Our Delivery Area. The applicable fee shall be notified to you prior to the delivery and shall be paid to Us before We deliver Your New Vehicle to you.

7.3 You shall sign-off a Delivery Order upon acceptance of the physical possession of Your New Vehicle which shall indicate amongst others, the mileage of Your New Vehicle. You acknowledge that the risk of damage to and/or loss of Your New Vehicle shall pass or be transferred to you upon the signing off of the Delivery Order.

7.4 You acknowledge that:-

7.4.1 the purchase of Your New Vehicle is on an “as-is, where-is” and “willing buyer willing seller” basis;

7.4.2 the Report is solely informational and strictly limited to the scope stated therein and shall not be relied upon as definite assessment of Your New Vehicle;

7.4.3 you shall have conducted your own due diligence on Your New Vehicle prior to the expiry of the 5-Day Period and has satisfied yourself of the condition and status of Your New Vehicle;

7.4.4 any knowledge about the status and condition of Your New Vehicle by Us is as stated in the Report only and you shall be responsible to satisfy yourself on any other matters not expressly stated therein; and

7.4.5 you shall be deemed to be irrevocably satisfied with the condition and status of Your New Vehicle upon expiry of the 5-Day Period.

8. 5-Day Test to Own & Return of Your New Vehicle

8.1 You shall be entitled to change your mind and sell back Your New Vehicle to Us within the 5-Day Period in the following circumstances only:-

8.1.1 you notify Us of your decision not later than the last business day prior to the expiry of the 5-Day Period and Your New Vehicle is delivered to Us prior to the expiry of Our business hours on the 5th day. For avoidance of doubt, the 5-Day Period shall expire at Our closing business hours on the 5th day;

8.1.2 Your New Vehicle shall not have been driven for more than 300kilometres on the date of refund (calculated from the date of delivery);

8.1.3 there is no any damage, destruction (fair wear and tear excepted), illegal installations, mileage tempering, odometer fraud and/or has not been declared BER or total loss, “cut and join”, Your New Vehicle has not been involved in any minor or major accident, flood, fire, frame damage and shall remain roadworthy;

8.1.4 Your New Vehicle is free from any traffic summons, fines, penalties, lawsuits, claims, investigations, proceedings, legal and/or regulatory actions, outstanding parking fees and/or have not been blacklisted;

8.1.5 you have not sold, encumbered or granted any right or interest whatsoever over Your New Vehicle to any third party; and

8.1.6 the petrol tank shall contain substantially the same amount of petrol as that when Your New Vehicle was delivered to you.

8.2 For avoidance of doubt, We shall not be liable for any costs incurred by you during the 5-Day Period including but not limited to customizations, upgrades, repair and/or washing of Your New Vehicle.

8.3 Upon Our receipt of your notification pursuant to Item 8.1.1 of Part C1 of these Carro Services T&C, you shall ensure that Your New Vehicle is available for inspection at any one of Our RX-2 within the next two (2) days. In the event We are satisfied that the conditions in Item 8.1 of Part C1 of these Carro Services T&C are met:-

8.3.1 We shall immediately take possession of Your New Vehicle;

8.3.2 you shall immediately execute all necessary Transaction Documents for the transfer of ownership of Your New Vehicle to Us;

8.3.3 you shall immediately notify your Partner Financiers and Partner Insurers of your decision; and

8.3.4 subject always to the successful transfer of ownership of Your New Vehicle from you to Us and deduction of all costs, fees, charges and/or expenses charged by third parties including Our Partner Financiers, Partner Insurers and/or the relevant authorities, We shall refund to you the purchase price of Your New Vehicle (less the aforesaid deduction) paid by you to Us after Our receipt of the physical possession of Your New Vehicle and the Transaction Documents.

9. Warranty

9.1 In the event Your New Vehicle possesses a valid warranty provided by its original manufacturer, Carro Certified Pre-Owned Plus shall commence upon the expiry of the original manufacturer’s warranty. You acknowledge and agree with the terms and conditions of Carro Certified Pre-Owned Plus.

9.2 You shall surrender Your New Vehicle at any one of Our RX-2 for an inspection, at least six (6) months prior to the expiration of its original manufacturer’s warranty, in order for Your New Vehicle to be eligible for Carro Certified Pre-Owned Plus, failing which Carro Certified Pre-Owned Plus shall be considered invalid for Your New Vehicle.

10. Carro After-Sales Service

10.1 Our after-sales service shall exclusively be available at Our RX-3 centre.

Vehicle Service

10.1.1 It is compulsory to book an appointment in advance prior to surrendering Your New Vehicle for Our after-sales service at Our RX-3 centre.

10.1.2 You shall make the necessary payments either in one lump sum cash payment, by online transfer, by bank draft or by cheque. For the avoidance of doubt, in the event you use cheque or banker’s draft as the payment method, you shall only be able to claim possession of Your New Vehicle upon the cheque’s or banker’s draft’s clearance.

PART C2 : GENERAL TERMS ON YOUR PURCHASE OF A VEHICLE

1. Dealings with Our Partners (Partner Financiers & Partner Insurers)

1.1 We seek to provide you a hassle-free and convenient route to vehicle ownership and thus have identified various Partners to supplement Carro Services. Though We may recommend their services and/or products to you, you are not obliged to engage with them and as such, any dealings that you may have with them is at your independent choice and risk.

1.2 Further, your engagement with Our Partners and/or acceptance of their services and/or products may be subject to further terms and conditions as may be agreed between you and Our Partners and We do not have any authority to interfere on the same.

1.3 We shall not be held liable for any commitments made by Our Partners and any costs and/or expenses you incur (including but not limited to processing fees, deposits), loss and/or damages that may arise from Our Partner’s failure to honour such commitments (including but not limited to deposits with and processing fees charged by vehicle insurer and financier), except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C.

2. Limitations of Liability

2.1 Your use of the Platform is at your sole risk. We disclaim any express or implied warranties of accuracy, timeliness, currentness, completeness, non-infringement, fitness for purpose, merchantability or applicability of the Platform for any purpose, except those warranties which are implied by and incapable of exclusion, restriction and/or modification under the laws applicable to these Carro Services T&C.

2.2 We shall not be liable to you in the following circumstances:-

2.2.1 any breach of and/or non-adherence of these Carro Services T&C and/or any applicable directives, instructions, laws, guidelines, procedures, codes, principles, regulations, standard operating procedures (SOP), policies, standards and/or rules by you and/or any other third party;

2.2.2 any act, omission, default, negligence and/or breach by you and/or any other third party;

2.2.3 when We adhere to the applicable directives, instructions, laws, guidelines, procedures, codes, principles, regulations, standard operating procedures (SOP), policies, standards and/or rules of any regulatory bodies, authorities, government, court, tribunal and/or other judicial authority; and/or

2.2.4 when any Force Majeure Event occurs.

2.3 Further, We shall not be liable to you for any: (a) indirect, incidental, consequential, punitive or special damages whatsoever; or (b) loss of profits, loss of business, loss of opportunity or loss of goodwill, arising out of or in connection with these Carro Services T&C.

2.4 We do not however exclude liability that cannot be excluded or limited by laws applicable to these Carro Services T&C. None of your statutory rights are affected.

2.5 Without prejudice to the generality of the foregoing, Our entire aggregate liability for all claims made in respect of or in connection with these Carro Services T&C, howsoever arising, shall in no circumstances exceed the amount equivalent to (i) the Offer Price or Acceptance Price or (ii) the purchase price of Your New Vehicle, whichever is lower PROVIDED that Our said liability shall be reduced to the extent that the same shall be caused or contributed to by any act, omission, misconduct, default or breach of Our Partners, Partner Buyers and/or you. If you can make claims from your insurance company(ies), then you should do so. Our liability to you shall also be reduced to the extent of your claims from such insurance company(ies).

3. Indemnity

3.1 You shall indemnify and keep Us and Our holding company, related company, parent company, subsidiary, associate and/or any entity directly or indirectly affiliated with Our company from time to time, and/or Our individuals, employees, officers, subcontractors and/or agents as We may duly appoint as Our representatives fully indemnified against all actions, claims, proceedings, demands, losses, damage, costs and/or expenses (including legal costs on an indemnity basis) which We may sustain, incur or pay arising from or in connection with:-

3.1.1 your act, omission, breach, default, negligence and/or misconduct;

3.1.2 any issues arising out of Your Used Vehicle or Your New Vehicle; and

3.1.3 any breach or non-observance by you of any of the obligations, provisions, representations and/or warranties under these Carro Services T&C.

4. Platform

4.1 We shall not warrant that the functions contained in the Platform will be uninterrupted, error-free, that defects will be corrected and/or that the Platform will be free of viruses and/or other harmful components.

4.2 In the event of disruptions, delays, failures and/or technological difficulties occurring on the Platform, We reserve the right to use alternative methods to perform the bid and/or accept the bid. All bids shall be kept valid for Acceptance.

4.3 You agree and acknowledge that the use of alternative methods to accept the bid shall be valid and these Carro Services T&C shall be binding.

4.4 The copyright, trademark, patent, database rights, trade secrets, any other intellectual property rights and/or other proprietary rights on the Platform shall remain Our property.

5. GENERAL

5.1 Where any tax is applicable to these Carro Services, We shall be entitled to charge or deduct such amount of tax payable to Us from you.

5.2 We shall not be liable to you for any breach, hindrance and/or delay in Our performance of these Carro Services T&C attributable to any cause beyond Our control, including without limitation to:-

(a) acts of God or natural catastrophe including but not limited to earthquakes, cyclone, storm, fire, explosion, flood, landslide, subsidence, lightning, exceptionally inclement weather, pandemic and/or epidemic;
(b) war or threat of war (declared or undeclared), invasion, act of a foreign enemy, hostilities between nations, civil insurrection, militarily usurped power, act of public enemy, sabotage, malicious damage, terrorism and/or civil unrest;
(c) failure or shortage of power supplies, telecommunication, utility, strike, lockout, labour controversy and/or other industrial action or disturbance;
(d) trade restriction or disruption, imposition of new governmental regulations, orders and/or laws that substantially hinder or prevent Our performance;
(e) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint and/or damage to property by or under the order of any government authority; and/or
(f) any act, omission, negligence, default, misconduct and/or breach of any third party.

(Each a “Force Majeure Event”).

In the circumstance that a Force Majeure Event lasts for more than seven (7) days, We shall (but not obliged to) terminate the sale and/or purchase of Your Used Vehicle and/or Your New Vehicle by written notice and without any liability to you.

5.3 We have the right to terminate the sale and/or purchase of Your Used Vehicle and/or Your New Vehicle at any time in the event of the following:-

5.3.1 you are found or suspected to be engaged in activities that are malicious, fraudulent, unethical, immoral, illegal, improper and/or in bad faith;

5.3.2 your conduct being detrimental to Our business interests;

5.3.3 your breach of any applicable laws and regulations;

5.3.4 your breach of any third-party rights;

5.3.5 your breach of any provisions herein; and/or

5.3.6 such other basis as We may deem fit.

5.4 Upon termination of the sale and/or purchase of Your Used Vehicle or Your New Vehicle and without prejudice to any of Our other rights and remedies stated herein, We shall be entitled to:-

5.4.1 claim from you for all liabilities, losses and/or damages (including all solicitors’ fees and expenses) suffered by Us;

5.4.2 obtain injunctive relief to prevent your breach or to otherwise enforce the terms herein; and

5.4.3 pursue any other right(s) remedy(ies) available at law or in equity.

5.5 We may assign or novate Our rights and obligations under the terms herein to another entity. You shall not assign your rights and obligations under the terms herein to another person or entity without Our prior written approval.

5.6 Neither the failure or delay by Us to enforce any right, power and/or privilege under any provision of the terms herein, nor the giving of any time or indulgence, shall be considered as a waiver of any of Our rights, powers or privileges under these Carro Services T&C, nor prejudice Our rights, powers or privileges on any subsequent occasions. The waiver by Us of any one of your defaults does not waive subsequent defaults of the same or different kind.

5.7 If any provision of the terms herein is held to be void, invalid and/or unenforceable whole or in part by any judicial or other competent authority, such provision shall be deemed to be deleted from these Carro Services T&C and all other provisions of the terms herein will remain in full force and effect and will not in any way be impaired.

5.8 The terms are governed by the laws of Malaysia. You agree to submit all disputes to the exclusive jurisdiction of the peninsular courts of Malaysia.

PART D : DEFINITIONS

Privacy Notice

Anti-Bribery and Anti-Corruption Policy

Whistleblowing Policy

Statement of Policy

This Whistleblowing Policy (“Policy”) aims to provide a safe avenue for employees and external parties (including those providing services to or having a business relationship with Us) to raise concerns with regard to improper conduct involving Us and/or Our employees and business partners on a confidential basis.

What is Whistleblowing?

Whistleblowing is when you voluntarily disclose inappropriate, unethical, improper or unlawful behaviour, conduct and practices in Carro.

Some examples include:-

1. Concerns about Our operational, accounting, internal controls or auditing matters;
2. Impropriety, corruption, bribery, acts of fraud, theft and/or misuse of Our properties, assets or resources;
3. Conduct which is an offence or breach of law;
4. Serious conflict of interest without disclosure;
5. Breach of Our policies or code of conduct;
6. Wrongdoings or misconduct;
7. Sexual or other forms of harassment in the workplace;
8. Unauthorized disclosure or sale of Our confidential data and information;
9. Any other serious improper matters which may cause financial or non-financial loss to Us or damage to Our reputation; and
10. Attempts to cover any of the aforementioned.

The above list is not exhaustive and are only examples that may expand or change, as events may dictate.

Protection Against Reprisals

Whistleblower that submits a genuine report under this Policy will not be at risk of losing job or suffer retribution or harassment if they are acting in good faith, even if the allegations prove to be unfounded or mistaken.

That said, We do not condone any frivolous, mischievous, or malicious allegations. If the whistleblowing report is made with malicious intent or in bad faith by the whistleblower, this will be viewed seriously by Us and will be treated as a gross misconduct, which may subject the whistleblower to disciplinary action in accordance with Our disciplinary procedures.

Confidentiality

We encourage you to identify yourself when reporting or providing information. All information provided will be treated with the strictest confidentiality.

There may be circumstances where information provided by you or your action in disclosing such information, may require disclosure. These circumstances include but are not limited to the following areas:

1. where We are under a legal obligation to disclose information provided by you;
2. where the information is already in the public domain;
3. where the information is given on a strictly confidential basis to legal or auditing professionals for the purpose of obtaining professional advice; and
4. where the information is given to the relevant authorities for criminal investigation.

In the event that We are faced with a circumstance not covered by the above, and where your identity is required to be revealed, We will endeavour to discuss this with you first.

Reports and Information Provided Anonymously

Reports submitted anonymously are much less persuasive and may hinder investigation as it is more difficult to investigate the matter or to protect your position. Accordingly, We will consider and investigate anonymous reports, but any reports or information provided anonymously would be investigated on the basis of the individual merit of each circumstance.

Reporting

All reports must be emailed to [email protected] and we will investigate the matter accordingly.

Investigation

We will review each report and based on the information received and evidence available, conduct a preliminary assessment to establish whether the report has any merit and can be substantiated. If the report warrants an investigation, We will open up an investigation into the matter using appropriate channels, resources and expertise and determine the appropriate action based on the findings and recommendation.

1. 7-Day Booking Policy

1. 1.1 Upon your payment of the Booking Fee being not more than one percent (1%) of the purchase price of Your New Vehicle to Us, We shall reserve Your New Vehicle for seven (7) days only from the date of Our receipt of your Booking Fee.
2. 1.2 In the event you are purchasing Your New Vehicle by cash, you shall pay the Deposit of Your New Vehicle within seven (7) days from the payment date of the Booking Fee. In the event you are purchasing Your New Vehicle by way of financing, you shall pay the Deposit of Your New Vehicle upon execution of the facility or financing agreement which shall be within seven (7) days from the payment date of the Booking Fee.
3. 1.3 If you are unable to pay the Deposit within seven (7) days from the payment date of the Booking Fee, you shall be deemed to have cancelled your Offer to Purchase and We shall refund to you the Booking Fee. We reserve the right and shall be entitled (but not obligated) to make Your New Vehicle available to another potential buyer as We deem fit.
4. 1.4 We may (but not obligated to) source for the next option available for you (“Next Option”). You shall not be obligated to accept the Next Option. If you refuse the Next Option, We shall refund to you the Booking Fee.

Terms and Conditions

In this Agreement, “You”, “User” and “Your” mean the one accessing Our services. “We”, “Us”, “Our” and “Carro Digital” mean myTukar Digital Sdn. Bhd. [Registration No.: 201801015504 (1277520-H) and the group of companies comprising myTukar Digital Sdn. Bhd., each and any holding companies, parent companies, subsidiaries, associated companies, related companies and any entity directly or indirectly affiliated with myTukar Digital Sdn. Bhd. from time to time.

USE CONDITIONS

These Terms and Conditions (“Terms”) set out the basis and extent of Your access to and use of the application, website, products and/or services (“Services”) provided by Us, in relation to each and every contract of insurance, takaful policies and/or takaful certificates and the related documentations which We arrange on Your behalf.

You hereby indicate Your acceptance to the Terms by using and/or gaining access to Our Services. You hereby expressly authorize Us to share Your personal data with Your chosen Insurer (as defined hereinafter) and My Roadtax Store Sdn. Bhd. (“Partner”) as stated in table below. You further agree and consent to Our Privacy Notice (carro.co/my/en/terms#privacy-notice), Your chosen Insurer’s and the Partner’s privacy notice and acknowledge that the copy of Your personal data will be used, processed, transferred and/or treated in accordance with the privacy notice of Carro Digital, the Insurer and the Partner.

You acknowledge that once Your personal data is shared with the Insurer and the Partner, the Insurer and the Partner shall have sole and full control on the copy of Your personal data and that You are required to contact the Insurer and/or the Partner for any matters in relation to it.

Carro Digital is hereby released from all obligations and responsibilities towards the copy of Your personal data which is shared with Your chosen Insurer and/or the Partner. Before using or gaining access to Our Services, You are strongly advised to read and comprehend the Terms.

UNDERWRITING

Your insurance and/or takaful policy is underwritten by the Insurer. The list of the Insurer and the agency is as below respectively: -

We reserve the right to vary the list of the Insurer and the agency stated above from time to time.

INSURANCE AND/OR TAKAFUL QUOTES AND COVERAGES

Quotations displayed on Our Services from the insurance, takaful companies and/or agencies (collectively referred as “Insurer”) depend on the data You provide and are not a contract, binder, agreement to extend insurance and/or takaful coverage. Any inclusion and/or portrayals accessible on Our Services from the Insurer are general descriptions of the available coverages and are not a binding statement of contract.

If You elect to file an insurance and/or takaful claim, You shall contact the Insurer for the claim submission. The claim is subject to the Insurer’s review and approval.

LIMITATION OF LIABILITY

While every reasonable effort is made to ensure that the information on Our Services is accurate and up to date, faults and/or omissions may occasionally occur. To the fullest extent permitted by laws We disclaim all warranties and representations of accuracy, timeliness, correctness, completeness, security, non-infringement, fitness for purpose, merchantability and/or applicability of Our Services for any purpose and all conditions, warranties and/or other terms which might otherwise be implied by any applicable laws, statute, common law and/or the law of equity. We shall not be liable to You for any: (1) direct, indirect, incidental, consequential, punitive and/or special damages whatsoever; and (2) loss of profits, loss of business, loss of opportunity and loss of goodwill, arising out of or in connection with the Terms.

You specifically acknowledge and accept that Your use and purchase of Our Services are all done at Your own risk. Our Services are provided on an “as is where is” basis.

All applications are between the User and the Insurer. We do not guarantee the availability of any insurance, takaful policies and/or takaful certificates of any Insurer.

Any insurance, takaful policies and/or takaful certificates are subject to the terms and conditions of the Insurer and You agree to comply with and be bound by the same. We shall not be liable for any dispute or complaint between the User and the Insurer.

INDEMNIFICATION

You hereby irrevocably agree to be liable for and to indemnify and keep Us, Our directors, officers, agents, dealers, employees, shareholders, partners, representatives, holding companies, parent companies, subsidiaries, associated companies, related companies and any entity directly or indirectly affiliated with Us and/or any other related parties indemnified from any and all liability, claim, demand, obligation, cause of action, accusation, allegation, order, violation, damage, loss, cost, expense, injury, judgement, penalty and/or fine relating to or resulting from: -

1. Your use or misuse of Our Services;
2. Your breach of the Terms howsoever occasioned;
3. any intellectual property right or proprietary right infringement claim made by a third party against Us in connection with Your use or misuse of Our Services; and/or
4. Your negligent, act, default, omission, breach and/or fraudulent acts.

GOVERNING LAW AND JURISDICTION

The Terms and any disputes or claim arising out of or related to them shall be governed by the laws of Malaysia. You consent to submit to the exclusive jurisdiction of the Malaysian courts. The validity and enforceability of the other Terms shall not be affected if any provision of these disclaimers and exclusions may be illegal, invalid and/or for any reason unenforceable.

AMENDMENTS & VARIATION

We retain the right to amend, revise and/or update the Terms and Our Privacy Notice at any time and as determined solely by Us which shall be effective immediately. It shall be Your responsibility to monitor for such modification, updates and amendments. By continuing Our Services, You are deemed to have accepted and consented to the amendments, revisions and updates of the Terms and Our Privacy Notice.