- ecar.com.my("Ecar", "we", "our", "us"), makes available to you the information on this website (the "Website") in accordance with the following Terms and Conditions of Use, and any other rules posted on the Website (collectively, the "Terms"). By using the Website you are agreeing to these Terms. We may modify these Terms from time to time. Please read these Terms and check back often. If you do not agree to these Terms or changes thereto then you must immediately stop using the Website.
- If you choose to access the Website from locations outside of Malaysia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
- We provide most of this Website on an open access basis but you will need to register an account with us to use certain features.
- Registered Members will be bound by the Member Terms And Conditions.
- Registered Advertisers will be bound by the Direct Owner Advertising Terms & Conditions & Advertising General Terms & Conditions.
You agree that you will not:
- use the Website for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages.
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same.
- use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- engage in mass automated, systematic or any form of extraction of the material ("the Content") on our Website, or use it to create or include it within another electronic database or public portal or try to re-sell it or re-distribute it. We also reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of our Website content.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that we own, or has the licence to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.
NOTIFICATION OF INFRINGEMENT
- If you believe that your copyright has been infringed, and such infringement is occurring on this Website, please notify us in writing immediately in the form and containing the information prescribed by the Laws of Malaysia Act 634 (Part VIII) ("Infringement").
- We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any copyright infringement, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing material, and only if we refuse or fail to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under any applicable laws which you may have in respect of any infringing material appearing on the Website prior to such removal by us.
- You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on the Website.
USER GENERATED CONTENT
- By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website while logged in as a Member, you hereby grant to us rights as stated in the Member Terms And Conditions.
- By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website while logged in as an Advertiser, you hereby grant to us rights as stated in the Advertising General Terms & Conditions.
THIRD PARTY SITES
Links on the Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Website. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do this entirely at your own risk.
NO GUARANTEE OF ACCESS
We do not guarantee access to our Website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our Website in order to make changes to it or to correct technical problems that have arisen.
SUSPENSION AND TERMINATION
- You agree that you will be personally responsible for your use of the Website and for all of your communication and activity on and pursuant to the Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to the Website on a temporary or permanent basis.
- We reserve the right to suspend, terminate, change or discontinue any aspect of the Website, including the availability of any feature(s) if the Website, at our sole and absolute discretion, at any time and without notice.
At our request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Website; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
EXCLUSION OF LIABILITY
- We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
- any access, use or the inability to access or use the Website, or reliance on the content and/or any information in the Website;
- any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
- any use of or access to any other website linked to the Website, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks;
- We are not obligated to monitor, control or endorse the content on the Website, and therefore specifically disclaims any liability arising from or in connection with your use of the Website. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the Website at our sole discretion at any time, without notice, for any reason whatsoever.
- This exclusion clause shall take effect to the fullest extent permitted by Singapore law.
- No partnership/agency: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website. You agree that you may not and will not hold yourself out as our representative, agent, or employee, and we shall not be liable for any representation, act, or omission on your part.
- Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
- Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- No waiver: No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless signed in writing by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
- Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail or in such other method as required by law.
- Survival: In any event, the provisions of Clauses 5, 6, 7, 10, 11 and 12 of these Terms shall survive termination of these Terms. In the event you use the Website again, then the provisions of these Terms and conditions that then apply will govern your re-use of the Website.
- Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
- Third Party Rights: No person shall have any right pursuant to the Contracts (Right of Third Parties) Act 2001 to enforce any of the above terms and conditions.
- Governing law: These Terms shall be construed and its performance governed in accordance with the law of Malaysia, and you fully agree to submit to the exclusive jurisdiction of the Malaysia courts.