Kindly read this agreement (“Agreement”) that sets out the terms and conditions that govern the usage of Auto Surgeons Sdn Bhd’s (“the Company”) services offered on the website www.autodoc.my (“AutoDoc” or “the Service”).
This Agreement contains the legally binding terms and conditions of your usage of the Services. By ticking the box below, you (the “User”) agree to be bound and compelled by all terms in this Agreement, including any additional terms, guidelines and policies referenced herein in this Agreement.
The Company reserves the right to amend the terms and conditions at its discretion. Users will be notified of any amendments to the terms and conditions through the announcement section on the Services.
AutoDoc is a Platform
AutoDoc functions only as a desirable platform for those who wish to purchase auto parts, as well as a marketplace for those who wish to sell auto parts online. AutoDoc is not directly involved in the transaction between Buyers and Sellers.
Buyers and Sellers must strictly adhere to the User Guidelines while using the Services to create a friendly community amongst all Users of the Services.
The Company does not pre-screen the Users, any information provided by the Users and any listed advertisements (“Ads”). Accordingly, the Company is not responsible for the information, quality, safety, truth, content, legality or the transactions of any aspect of the Ads listed in the Services.
The Company reserves the right to remove any Ads which does not comply with the Advertising Guidelines without notifying the Seller.
‘Individual’ – The Services are available only to individuals who can form legally binding contracts under Malaysian Law. The User represents that he/she is at least 18 years old and all registration details submitted by him/her is accurate. The Company may at its sole discretion refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. Individuals below the age of 18 must at all times use the Services under the supervision of a parent or legal guardian who is at least 18 years of age. In such cases, the adult is considered the User of the Services.
‘Corporate Entity’ – The Services are also available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has sufficient authority to bind the corporate entity to all terms in this Agreement.
Responsibilities of the User
All Users are personally responsible for his/her use of the Services and must abide by the User Guidelines.
All Users shall use the Services in accordance with the terms and conditions set out in this Agreement, other guidelines listed by AutoDoc and all applicable Malaysian laws.
Sellers must strictly adhere to the Advertising Guidelines in listing their Ad(s).
The Services contain copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, databases, designs, graphics, logos, button icons, images, compilations, pictures and software and may in future include video, graphics, music and sound (“Content‘’). The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights.
The Company owns the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. Users may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Content, in whole or in part except as provided in these Terms of Service.
Except as otherwise permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledge that he/she does not acquire any ownership rights by downloading copyright material and further agrees that he or she will not infringe the Company’s copyright by any method now known or as may exist in the future.
The User agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs (“the Assigned Works”).
The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.
All photographs used in any listings and advertisements and posted on the Site will be endorsed with the Company’s watermark seal (the “Watermark“). The Watermark shall not at any time be removed, altered or tampered with.
The Company takes a serious view of intellectual property right infringement and will aggressively enforce its intellectual property rights to the fullest extent of the law.
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.
AutoDoc and its logos are trademarks or registered trademarks of the Company.
The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company and/or the Services
All other trademarks not owned by the Company that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Content Use Conditions
All information, materials, functions and other content (as defined hereinabove) on the Services including any text, software, photos and graphics, databases, designs, graphics, logos, button icons, images, compilations, pictures and software are copyrighted property of the Company.
The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the Services
Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.
At AutoDoc, we strive to ensure that all information we have about the User is protected and secure. We value our relationship with our Users and we preserve your privacy and ensure that your preferences are honored. Simultaneously, the very nature of our relationship may result in us collecting or sharing certain types of information about you.
The Company gathers information of its Users (“User Information”) during the posting process, where Users are required to create a password before listing their Ads. User Information will be utilized to administer the Services and to diagnose issues with its servers. User activities are charted; e.g. when a User undertakes searches through the Company’s servers, information is automatically gathered on the User’s preferences, including the User’s Internet Protocol address.
Save for the aforesaid, all User Information shall not be disclosed by the Company to any third party without the prior consent of the User.
Unavailability of Site
We may alter, suspend, or discontinue our Services in whole or in part, at our sole discretion, without notice or cost.
Termination & Suspension
We may, at our sole discretion, immediately terminate or suspend your use or access to all or part of the Site or your account, for any reason, including without limitation, violation of these Terms of Service and other applicable guidelines by the Company. Shall you be notified that your access to and /or use of the Services or your account is terminated, you must cease and desist from all such access and/or use immediately and all restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
Disclaimer of Warranty
The Services provided by the Company are provided on an ‘as available’ and ‘as is’ basis without warranty of any kind, whether express or implied, implied including but not limited to warranties of merchantability, fitness for a specific purpose, title or non-infringement. The Company assumes no responsibility for any errors or omissions and has no control over any goods listed on the Services, and hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services. the Company further does not warrant that the Services provided will be uninterrupted or free from errors; that inaccurate information will be rectified or the Services provided are free of viruses or other harmful components.
You understand and agree that any material and/or information downloaded or otherwise obtained through the Services is at your own discretion and risk and that you will be solely responsible for your use or non-use of such information, including, without limitation, any damage to your computer system or loss of data that results from the download of such material and/or information and any bodily injury.
Links to Third Party Websites
The Services may contain links to other websites on the Internet. We have no control over such websites and nor are we responsible for the accuracy, content, legality or any other aspect of any linked websites. In no event shall any reference to any third party, third party website(s) or third party product(s) or service(s) be construed as an approval or endorsement by us of that third party, third party website(s) or of any product(s) or service(s) provided by a third party.
Limitation of Liability
To the full extent allowed by applicable law, in no event shall AutoDoc, its parent, subsidiaries, associated companies, directors, officers, employees, agents or assigns, be liable under any circumstances for any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings) any loss of goodwill or reputation any special, indirect or consequential damage arising out of or in connection with this Agreement, including, without limitation to breach of contract, actions under the tort of negligence, defamation, copyright/trademark/patent infringement, passing-off, infringement of registered industrial designs, breach of confidence any liability at common law or in any other manner.
The Company shall not be responsible and/or liable for the acts or omissions of the providers of telecommunications services or faults/failure of their networks and equipment.
By using this Services, you agree to indemnify, hold harmless and defend the Company, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Services; (ii) your breach of the Agreement; or (iii) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
Any violation of the terms of this Agreement and other relevant guidelines listed by the Company constitutes a breach. The Company may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s right to access the Services if User breaches this Agreement or if the Company is unable to verify or authenticate any information User has provided. The Company’s failure to act with respect to a breach by User or others does not constitute a waiver of Company’s right to act with respect to subsequent or similar breaches. Without limiting any other rights Company has, User understands and acknowledges that Company, in its sole discretion, may pursue legal and/or equitable relief against User if User breaches or threatens to breach this Agreement.
No person or entity which is not a party to this agreement shall have any rights pursuant to any law or regulation to enforce any of the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
You agree that this Agreement, and all incorporated agreements may be automatically assigned by the Company, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of the Company’s assets, or similar transaction.
The headings and captions of the various sections of this Agreement are for convenience of reference only and will in no way define, limit, modify or affect the meaning or construction of any of the terms or provisions of this Agreement.
Wherever from the context it appears appropriate, each term stated in either the singular or the plural shall include the singular and the plural, and pronouns stated in either the masculine, the feminine, or the neuter gender shall include the masculine, feminine, and neuter.
Unless the contrary intention appears, words in the singular include the plural and words in the plural include the singular.