Thank you for choosing iCar Asia.
iCar Asia Sdn Bhd (‘iCar Asia’) is pleased to provide Users (as defined below) with access to its website and related services which are listed on www.iCarAsia.com.
iCar Asia publishes or makes available on the iCar Asia information, advertisements, valuations, Software, and links and other contents supplied by iCar Asia and third parties (“Material”). iCar Asia does not warrant, represent, authorize or endorse the reliability, accuracy or completeness of any such Material published on the iCar Asia or on any website that links from the iCar Asia (including third party display advertisements).
iCar Asia does not and cannot provide any warranty in relation to any information on the iCar Asia by third parties such as, advertisers, partners and affiliates.
The terms and conditions of use as set out herein below govern the use of iCar Asia's services offered and available on this website (“the Site”). The User is advised to read them carefully as they affect the User's rights and liabilities under the law.
By using the iCar Asia Site, it will be assumed that the User is automatically consenting to be bound by the terms in this agreement ('the Agreement'), as well as those terms and conditions incorporated by reference and/or implication.
iCarAsia shall have the exclusive right to modify, update or amend the terms of Agreement at any time provided they announce it first via the Site. If any user continues to use the Site and/or Services of iCar Asia after the date of amendments, User will be assumed to have consented to be bound by these terms and conditions. In any event that user wishes to reject the terms of Agreement after the amendments, he or she shall stop using the Site.
The User is anyone who visits the Site (www.iCarAsia.com). The User shall be of two types: an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person subscribing for email updates or asking for any information about the Site and/or the network of iCar Asia (www.iCarAsia.com), and the expression “Users” shall mean more than one User.
'Individual' – iCar Asia is available only to individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under Malaysian law. If a user subscribes to use our Services it will be considered as an affirmation that he or she is 18 years or above of age.
'Corporate Entity' – iCar Asia is available to companies and/or business entities and will be referred to as Corporate Entities. Any person using the Site on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
The User is has to undertake responsibility for his/her use of the Site.
The User uses the Site at his/her own risk.
The User shall use the Site in accordance with all laws at the time being in force in Malaysia, Indonesia and Thailand.
The User shall not use the Site in any way which:
Infringes any intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party, or contents that the User does not have a right to make available under any law or under contractual or fiduciary relationships;
Otherwise causes any damage or loss to any person including but not limited to a product that contains a defamatory statement; or
Violates, or is illegal under any applicable law, statute, ordinance or regulation.
Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to any persons in any way;
Is pornographic or depicts a human being engaged in any sexual conduct;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of political affiliation, religion, gender, sexual orientation, race, ethnicity, age, or disability;
Impersonates any person or entity, including, but not limited to, iCar Asia's employee(s), or falsely states or otherwise misrepresents the User's affiliation with a person or entity;
Includes personal or identifying information about another person without that person's explicit written consent;
Is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch" ;
Constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
Constitutes or contains any forms of advertising or solicitation if:
Posted in areas of the Site which are not designated for such purposes; or
Emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Includes links to commercial services or webSite, except as allowed in the Agreement.
Advertises any illegal services or the sale of any vehicle/ goods/ services the sale of which is prohibited or restricted by applicable law, including without limitation such vehicles/ goods/ services, the sale of which is prohibited or regulated by Malaysian law;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site; or
Creates liability for iCar Asia or causes iCar Asia to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; or
Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of contents transmitted through the Site.
Additionally, the User agrees not to:
Contact anyone who has asked not to be contacted;
Stalk or harass anyone;
Collect personal information about other Users for commercial or unlawful purposes;
Use automated means, including spiders, robots, crawlers, data mining tools, or the like;
Copy or reproduce by any means any content on the Site - unless expressly permitted by iCar Asia;
Post non-local or otherwise irrelevant contents, repeatedly post the same or similar contents or otherwise impose an unreasonable or disproportionately large load on the Site' infrastructure;
Attempt to gain unauthorized access to iCar Asia's computer systems or any data engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Site.
The user shall unconditionally comply and adhere to the Agreement and all its terms and conditions when using iCar Asia site.
iCar Asia gives User the full access he or she is entitled to. The user uses this access to make use of the Site’ content (“Site Content”) in a legally compliant way. The user will not download, modify or edit any portion of the site content without express permission from iCar Asia.
The content, Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express consent of iCar Asia.
The User is obligated not to frame or copy any trademark, logo or other proprietary information that includes images, text, page layout, or form of the Site without consent of iCar Asia.
The User will not use information like Meta tags, encoded content or “hidden text” while utilizing Site's names for unpermitted use. This can only happen with express written consent of iCar Asia.
In order to clarify further, if you a User performs any unauthorized data scrapping in any form from the Site, he or she will be subjected to a penalty of RM25, 000.00 per listing.
Any unlawful or unauthorized use immediately terminates any contractual obligation or license granted by iCar Asia.
Users cannot engage in any what way that portrays iCar Asia Network, its products or Services, the Sites or the Site in a false, misleading, derogatory, or otherwise offensive matter.
The user may not use any iCar Asia site's logo, branding, trademark or any proprietary graphic in order to mislead, show it as their own or generally unpermitted use.
Cookies allow User to browse quickly, without much internet consumption, to use more sophisticated and advance programs. Cookies do not seek out identity of the user nor publish them anywhere. Cookies only use the information voluntary stored and is not personally identifiable.
iCar Asia's Site supports all the current and major browsers that include but are not limited to Chrome, Firefox, Microsoft Edge, Internet Explorer and Safari (desktop version). It is recommended that Users keep their browsers updated to get best results.
The Site currently does not support any Internet Explorer versions lower than Internet Explorer 8. The mobile versions of Safari are also not supported.
If a User uses an unsupported browser or a browser other than the aforementioned, the User might be unable to use the Site or a part of, and/or all pages on the Site might not be viewed as intended. The use of outdated and unlicensed browsers or proxy systems is highly discouraged by iCar Asia.
iCar Asia reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement.
If faced interference by factors that iCar Asia cannot control, iCar Asia does not guarantee continuous, uninterrupted or secure access and operation of the Site.
The Site is provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
To the extent permissible by law iCar Asia excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The Site contain links and/or references to other websites ('Third Party Website'). iCar Asia shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party website (which are not investigated, monitored or checked for accuracy or completeness by iCar Asia). iCar Asia shall only take responsibility of any third party (outside Site) links to which iCar Asia expressly says so.
Inclusion of and/or reference to any links or internet addresses on the Site do not imply approval or endorsement of those Site by iCar Asia.
In the event the User decides to leave the Site and access Third Party Site, the User does so at his/her own risk.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the property of iCar Asia and/or its content suppliers and protected by all applicable copyright laws.
The compilation of all contents on the Site are the exclusive property of iCar Asia and protected by all applicable copyright laws.
The User may not use any material outside the Site' permitted boundaries, unless it is expressly allowed by iCar Asia.
The Site's graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of iCar Asia in Malaysia, Indonesia, Thailand and/or other countries.
iCar Asia's trademarks and trade dress may not be used in connection with any product or service that is not iCar Asia's in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits iCar Asia and/or the Site.
All other trademarks not owned by iCar Asia that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iCar Asia.
Any form of communication with the iCar Asia such as visiting the Site, sending emails, filling out subscription forms will come under Electronic Communication with iCar Asia. It would be seen that the User consents to receive communications from iCar Asia electronically.
iCar Asia may communicate with the User by email, SMS or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that iCar Asia provides to User electronically satisfy any legal requirement.
By using the Site, it will be assumed that the user is consenting to iCar Asia's policy of Advertisements and Promotions. The policies of advertising by iCar Asia are subject to change and modification at any given time.
The User's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between the User and such advertiser. Such relationship will have no connection with iCarAsia.
The User agrees that iCar Asia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Under no event or circumstances shall iCar Asia the parent company, the Sites, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
Any punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to this Agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
iCar Asia does not and cannot provide any warranty in relation to any information on the iCar Asia by third parties such as, advertisers, partners and affiliates.
Other Users' content, actions or inactions,
The quality of services advertised,
Any loss of goodwill or reputation; or
Any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
Any liability at common law; or
Any bugs, viruses, Trojan horses, attack, interference, hacking, or other security intrusion or the like which may be transmitted to or through the Site or by any third party; or in any other way.
In order to avoid any doubts, iCar Asia is not and shall not be liable for the acts or omissions of other providers of external services, affiliates, and partners or for faults in or failure at their end.
The User at all times agrees and undertakes to fully indemnify, hold harmless and would be expected to defend (if it comes to such) iCar Asia the parent company, the Sites, the subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by iCar Asia directly or indirectly, due to, arising out of, resulting from or in relation to the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.
This Agreement has been constructed and shall be governed by/in accordance with the laws of Malaysia, Thailand and Indonesia, and shall be subject to the non-exclusive jurisdiction of the courts of the respective countries.
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
The User agrees that this Agreement and all incorporated agreements may be automatically assigned by iCar Asia, in its sole discretion, to a third party in the event of a merger or acquisition.
The User and iCar Asia are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Failure of iCar Asia to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. iCar Asia does not guarantee that action will be taken against all breaches of the Agreement.
Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
Words importing one gender shall include any other gender unless stated otherwise.
Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
The following Sections survive any termination of the Agreement:
Use of Site Content
Exclusion of Liabilities
We may revise the Terms from time to time; the most current version can always be found at www.iCarAsia.com/terms. iCar Asia recommends Users to review the Terms periodically to be aware of such modifications. By continuing to access or use the Site after those revisions/modifications become effective, Users agree to be bound by the revised Terms of this Agreement.
If Users have any questions or comments regarding the Agreement, please contact iCar Asia. iCar Asia's details are as follows.
iCar Asia Limited
Suite 18.01, Level 18, Centrepoint North, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur, Malaysia