Terms & Conditions of Use

The terms and conditions set out herein below for the use of Kereta Online services offered and available on the website Kereta.Online. The User is advised to read them carefully as they affect the User’s rights and liabilities under the law.

By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), as well as those terms and conditions incorporated by reference and/or implication.

The Company may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site.

If the User continues to use the Site and/or services provided by the Company on the Site (‘the Services’) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.

THE USER
The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.

‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. ‘Individual’ includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User’s personal capacity and on behalf of the User’s child/ward, to be bound by the terms of this Agreement and to be liable for the User’s child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User’s child or ward observes the terms of this Agreement.

‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services 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.

RESPONSIBILITIES OF THE USER
The User is personally responsible for his/her use of the Site and/or Services.
The User uses the Site and/or the Services at his/her own risk.
The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia

The User shall not provide and/or cause to be provided information which:-

(a) is false, inaccurate or misleading;
(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;
(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
(d) violates or breaches any law;
(e) is defamatory;
(f) contains pornographic or obscene materials.
(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
(i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or
(j) any other prohibited content as provided under the Content Code.
“Information” referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.

The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
The Company shall also have the right to remove any content from the Site in accordance with the complaints procedure
The User is solely responsible for the accuracy of the said Information.

CONTENT USE CONDITIONS
All information, materials, functions and other content (“Content“) on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images 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; orSite.

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.

ONLINE CONDUCT OF THE USER
The User undertakes:
to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this Agreement);not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

PRIVACY
The Company collects information about its Users (‘User Information’) during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.

All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.

The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.

COOKIES
This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for both Internet Explorer and Mozilla browsers. Please refer to your browser’s Help for more information about enabling cookies.

A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.

Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.

EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Company to post advertisements on the Site.
The email address of the User shall not be publicly displayed on the Site. Other Users may contact the User through the Site.

TERMINATION AND SUSPENSION
The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.

NO WARRANTY
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company’s control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result.

The Site and the Services are 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 the Company 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 User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company 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 User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User’s own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.

LINKS TO THIRD PARTY WEBSITES
The Site may contain links and/or references to other websites (‘Third Party Websites’).
The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.
Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.

EXCLUSION OF LIABILITES
To the full extent allowed by applicable law, in no event shall the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
(a) 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);
(b) any loss of goodwill or reputation;
(c) 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;
(d) any liability at common law; or
(e) in any other way.

Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees.

For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

INDEMNITY
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, 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 the Company directly or indirectly, due to or arising out of 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.

RELEASE
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.

GENERAL PROVISIONS
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 this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this 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.

DISCLAIMER
Please note that in posting your advertisement on Kereta.Online, you are required to disclose certain items of information as specified under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the “Regulations”) as follows :-
(1) Your name or the name of your business or company;
(2) The registration number of your business or company, if applicable;
(3) Your email address, telephone number and address;
(4) A description of the main characteristics of the goods or services offered;
(5) The full price of the goods or services including transportation costs, taxes and any other costs;
(6) The method of payment;
(7) Any terms and conditions governing the sale of goods or provision of services; and
(8) The estimated time of delivery of goods or services to the buyer.

Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and Kereta.Online shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, Kereta.Online shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or