TERMS AND CONDITIONS FOR USER (CUSTOMER)
- Carklik.my is an online platform which emphasize in selling brand new, recondition (recon cars) and used cars. This online platform is wholly owned by CAR CLICK EMPIRE (M) SDN BHD who possess the rights to change, vary or amend the terms and conditions herein without any prior notice. The platform transaction shall be governed by the terms and condition (“Agreement”) mentioned herein and shall form as part of a contract between Car Click Empire (M) Sdn Bhd and the User (Customer).
- PLEASE READ THESE MARKETPLACE TERMS FOR CUSTOMERS (THE “AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY Carklik.my.
BY CLICKING THE “SUBMIT” BUTTON OR BY USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS AND ABOVE PURSUANT TO AGE OF MAJORITY ACT 197, OR COMPANY, YOU MUST BE A LEGALLY INCORPORATED COMPANY IN MALAYSIA.
USE OF carklik.my SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DOES NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, NAVIGATE AWAY FROM THIS PAGE AND YOU WILL HAVE NO RIGHT TO USE THE SERVICES HEREIN.
- Nature of Services.
Carklik.my provides an online, on-demand, service via a workforce and online Bidding platform (collectively, the “Platform”) to sell brand new, recondition (recon-cars) and used cars through Carklik.my online platform. The Platform allows a customer (“Customer”) to identify and buy the cars listed at the platform. Carklik.my will use commercially reasonable efforts to:
- Assist Customers’ in using the Platform
- Scope Customer’s requirements for the said Services;
- Identify one or more appropriate vehicle to provide such Services; and as may be required by mutual agreement (collectively, the “Online Services”).
In order to view all the listing and participate in bidding, the user must be a registered member of Carklik.my. The registration to the platform is free of charge. The user need to sign up at https://carklik.my/signup/.
During the application process, you may be required to provide us with accurate and complete personal information, including your name, address, telephone number, email address and any other information as may be deemed necessary by us (“Registration Information”)
Every registration is subject for approval by Carklik.my admin. The admin reserves the right to either approve or reject application without giving any reason for such rejection. Upon approval, the Customer warrants to obey all the rules, terms and conditions of Carklik.my online platform and will in all manner act in the best interest of Carklik.my.
Carklik.my will process your Registration Information in accordance with the terms of our privacy notice, which can be access from the website (https://carklik.my/privacy-policy/)
You shall be responsible for maintaining the confidentiality, security and use of your user ID and password.
All instructions, confirmations, withdrawals, actions, acceptances or whatever representations or dealings that have been received by Carklik.my via your account shall be binding on you, whether given by you or other persons purporting to be you. You shall be solely responsible to Carklik.my for all activities that occur under your account.
Carklik.my shall not at any time be under a duty to verify the identity or authority of the person dealing with Carklik.my apart from verifying the Log-In Credentials. You shall be fully responsible for any accidental or unauthorized disclosure of your Log-In Credentials to any other person and shall bear the risk of any unauthorized usage of your Log-In Credentials.
Carklik.my reserves the absolute rights and discretion to suspend and/or terminate your account in the Platform, if Carklik.my determines or reasonably suspects that:
- you have violated any of these agreement
- you have provided false information and/or documentation to Carklik.my
- you are reasonably suspected by Carklik.my to be engaged in any unauthorized and/or dishonest and/or fraudulent account activity or behavior.
You may terminate your Account by notifying us in writing (via https://carklik.my/contact-us/) Notwithstanding such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination) or the like.
Once you have registered as a user at carklik.my, you are entitle to log in to your personal dashboard and from your account dashboard you can view your recent orders, manage your billing addresses, edit your password and account details. You also can click E-wallet to top minimum RM250 for a single car bidding.
Carklik.my accepts payments made via Credit Card (Visa & Mastercard), Debit Card (Visa & Mastercard / PRE-AUTHORIZATION), FPX, Boost Wallet, Maybank QR, Grab Pay and Touch N Go for the purpose to participate in bidding.
Carklik.my payment gateway managed by Ipay88 and all the payment are secured.
Carklik.my only collect payment via our online platform through Ipay88 for you to participate in Bidding (Auction).
A fee of RM250.00 need to deposit to the above payment method in order for you to participate in the bidding or you need to authorize your credit card or debit card amount rm250.00 to be deducted upon successful bidding.
In the event you want to buy the listed car without participating in the bidding, you need to contact us via https://carklik.my/contact-us/ and mention the vehicle number. Our sales team will contact you as soon as possible to assist you.
The payment that carklik.my collected through the successful bidder will be use as an admin fee nonrefundable.
6. Refund Policy
RM250.00 refundable auction fee required from customers to participate in the bidding (auction) either at e-wallet or pay upon at bid now button.
RM250.00 fee is non-refundable to the successful bidder.
Upon successful the bidder will be notified via email and at their dashboard in Carklik.my platform.
For unsuccessful bidders who are paying through FPX, Boost Wallet, Maybank QR, Grab Pay and Touch N Go, the auction fee will be refunded to your e-wallet at your dashboard. You can request for refund to your bank account by click WALLET WITHDRAWAL at your dashboard.
For the successful bidder who have paid through FPX, Boost Wallet, Maybank QR, Grab Pay and Touch N Go the RM250.00 auction fee will not be refunded.
Customers who are using PRE-AUTHORIZATION system will not be charge any amount if they fail to achieved highest bid.
Successful bidder who are using PRE-AUTHORIZATION will be charge RM250.00 as an auction fee which is non-refundable.
Important, please take note.
All the payment to Carklik.my bidding purpose is only through Ipay88 payment gateway which you can find at Carklik.my platform upon successful registration.
Carklik.my will not take any responsibilities if there a fraud in money transaction happens other than above stated payment gateway.
Carklik.my did not appoint any other company or individual to collect payment on behalf of our company.
If you have doubt on the payment issue, you may contact us via hotline 0194110302 / https://carklik.my/contact-us/ before paying any amount.
- Appropriate use of the Platform
Customers agrees not to do any of the following: (i) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Carklik.my on the platform and other than generally available third party web browsers; (ii) attempt to decipher, decompile, disassemble or reverse engineer any of the software embodied in the platform; (iii) use, or access the platform for the purpose of initiating, advising, developing, operating a product or on-line marketplace in competition with the platform.
- Digital Signature
By registering to use the Carklik.com platform, you are deemed to have agreed to the terms and conditions herein and executed this Agreement electronically by virtue of Electronic Commerce Act 2006.
9. Warranty Disclaimer
For the avoidance of doubt, the Used Vehicles on the Platform are sold strictly on an “AS IS WHERE IS” basis, and Carklik.my does not provide any warranty whatsoever in respect of the Used Vehicles. All implied terms and warranties are, to the maximum extent permissible by laws, hereby excluded. All implied warranties under the Sale of Goods Act 1957 (Act 382) are also specifically and expressly excluded.
EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, ALL CARKLIK.MY SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND CARKLIK.MY HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, and the stated express warranties are in lieu of all other obligations or performance liabilities arising out of or in connection with the services provided under this Agreement.
Each party agrees to indemnify, defend, and hold the other harmless from and against any claims, costs, liabilities, and expenses (including reasonable attorneys’ fees) paid or payable to an unaffiliated third party arising from
- any claim that party has infringed another’s intellectual property right; or
- any violation of applicable laws.
- Limitation of Liability
SUBJECT TO CLAUSE 10 ABOVE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER IN CONTRACT TORT, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR
- ANY DAMAGES RESULTING FROM LOSS OF DATA OR USE; OR
- FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
Each party shall bear their own taxes (income/goods/services) as governed under Malaysian Tax legislations/rules applicable to any sale made through this Carklik.my platform.
- Suspension of Access
Carklik.my retains the right, to immediately prevent or restrict access to the platform or take any other action as necessary in case of technical problems, infringing or objectionable material, inaccurate listings, inappropriately categorized products or services, or actions otherwise prohibited by applicable law, the guidelines contained on the platform, or for any other reason in the sole and absolute discretion of Carklik.my and to correct any inaccurate listing or technical problems on the platform.
- CarKlik.my and Platform Content
The Customer agree that the service contains content specifically provided by Carklik.my or its partners or users and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the service. The Customer shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third-party submissions or other proprietary rights not owned by you,
- without the consent of the respective owners or other valid right, and
- in any way that violates any third party right.
The User may, to the extent the platform expressly authorizes to do so, download or copy the content, and other items displayed on the platform for download, for personal use only, provided that you maintain all copyright and other notices contained in such content. You shall not store any significant portion of any content in any form. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without prior written permission from Carklik.my, or from the copyright holder identified in such content’s copyright notice.
- Entire Agreement
Except as otherwise set forth herein, any notices in connection with the use of Carklik.my online platform or of this virtual Agreement to Carklik.my shall be in writing and sent by confirmed email, to Carklik.my at email@example.com or mail to 20-3A, Avenue Crest, Jalan Jubli Perak 22/1, Seksyen 22, 40150 Shah Alam, Selangor
- Law & Jurisdiction
- This Agreement and the transactions contemplated by it will be governed by and construed in accordance with the laws in force in Malaysia.
- Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the High Court of Malaya of Malaysia for determining any dispute concerning this Agreement or the transactions contemplated by it. Each party waives any right it has to object to an action being brought in those courts including, but not limited to, claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. This Agreement is governed by and will be construed under the laws of Malaysia, without regard to the conflicts of law’s provisions thereof. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction and venue within the region of West Malaysia.
- Third Party Sites
The platform may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the platform. When you access third party websites, you do so at your own risk. These other websites are not under Carklik.my control and you acknowledge that Carklik.my is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Carklik.my or any association with its operators. You further acknowledge and agree that Carklik.my shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Carklik.my makes no representation that the content is appropriate or available for use in locations outside of Peninsular Malaysia, and accessing the service is prohibited from territories where such content is illegal. If you access the service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
- COOKIE/TRACKING TECHNOLOGY
This Website may use cookie and other tracking technologies depending on the features offered. Cookies and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. The cookies used in this Website will not identify the IP address and individual user.
- Bidding Terms and Condition
Carklik.my website will display the following particulars of the Vehicles that available for bidding:
- a) Vehicle Information such as Brand, Model, Variants, Manufactured Year, Colour, Transmission and mileage
- b) Photo(s) of the Vehicle
- c) Vehicle Location
- d) Vehicle Status
- e) Any Interchange registration Number
- f) Registration Card (RC) or Vehicle Ownership Certificate (VOC) has been verified by Carklik.my
- g) my Verified 156 point of inspection result which done visually by our qualified inspectors.
The inspection report is solely a visual evaluation of the physical condition of the Vehicle by Carklik.my. There may be potential failures that are internal to the engine, transmission, electrical system or other components of the Vehicle which are not visible and carklik.my will not take any responsible.
There are no implied or expressed warranties or guarantees of any kind given by Carklik.my in connection with the Vehicle under the inspection report. The inspection report is to provide you with an overview of the general physical condition of the Vehicle only and shall not be taken as definitive statements or considered as a recommendation for or against the purchase of the Vehicle.
The payment that Carklik.my collected through Ipay88 from the successful Bidder will be used for our Carklik Admin fee. (Non-Refundable).
Successful bidder will be notified in the email and will be contacted by carklik.my staff through short message or WhatsApp to request the full payment method that need to be done.
Successful bidder has to pay the full amount to carklik.my in 72 hours from the time the bidding ended or email to firstname.lastname@example.org if the bidder needs assistance.
Should the successful bidder fail to notify to carklik.my through email, carklik.my will assume that the successful bidder is not interested to proceed with the full payment and carklik.my have the rights to call off the transaction and forfeit the RM250.00 bidding fee. In the event of failure on notifying us, Carklik.my will send an email to that particular bidder after 72 hours to notify that the transaction is void and the bidding fee is forfeited.
In order to place a bid on Carklik.my, the user need to Register as a member and log in to carklik.my specific page to view the current bidding vehicle.
Member allowed to bid as many vehicles as possible on the same time.
Carklik.my charge RM250.00 as a bidding fee for each unit of vehicle listed on the platform. Payment RM250.00 will be paid via IPay 88 payment gateway through Carklik.my platform or use pre-authorization system by key in your credit or debit card (Master or Visa) information to participate in the bidding at carklik.my.
Payment will be used upon successful bidding, otherwise it will be refund to your E-wallet in your dashboard. Refer to Refund Policy: (https://carklik.my/refund-policy/)
Sell Car through Carklik.my
As a car owner, you can request carklik.my inspection for free. After we have inspected your car, we will identify the value of the car and will list the highest price at carklik.my all car listing page. Seller can request Carklik.my to list their car into bidding by contacting carklik.my sales dept staff (03 50307737). In order to list the car into the bidding site at carklik.my, Seller need to allow carklik.my staff to list at all car listing. Carklik.my have the rights to insert the particular vehicle into the bidding site according to the written agreement from the seller. The starting price of the bidding will be identified in the agreement from the seller. Seller are not allowed to list their vehicle by their own in the platform because it is solely handled by our authorized carklik.my staff. Carklik.my have the rights to reject the request to list a vehicle at the bidding site from the seller if it doesn’t meet the company’s policy requirement.
Carklik.my will imposed admin charges (which is stated in the physical agreement) to the car seller if the bidding is successful.
Carklik.my doesn’t provide any Guaranteed definite successful bid of the listed vehicle by the seller.
STATEMENT OF POLICY
Car Click Empire (M) Sdn Bhd is committed to complying with all laws and regulations which govern our operations. If you are in any doubt as to how you should apply any of the provisions of this Policy, you are strongly encouraged to seek guidance from your immediate supervisors, or, where appropriate, the Company’s senior management (if you are an employee of the Company) or your contact person from the Company (if you are not an employee of the Company). This Policy will be periodically reviewed, updated and/ or supplemented and will be notified to you in the manner deemed most fit by the Company.
SCOPE OF POLICY
The principles and obligations outlined in this Policy apply to all employees of the Company, members of the Board of Directors of the Company, and the Company’s contractors (which include agents, consultants, outsourced personnel and other representatives). As such, each of us is responsible for adhering to these standards in our business interactions. No employee will suffer demotion, penalty or other adverse consequences for refusing to pay or receive bribes or other illicit behaviour, even if such refusal may result in the company losing business or experiencing a delay in business operations.
MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009
The following are some of the offences under the Malaysian Anti-Corruption Commission Act 2009 (MACC 2009):
- Soliciting or receiving gratification
Any person who solicits or receives or agree to receive (for himself or for any other person) or gives, promises or offers to any person any gratification as an inducement to or a reward for any person doing or forbearing to do anything commits an offence;
Any person accepts or obtains, or agrees to the same, any gratification as an inducement or reward for doing or forbearing to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business commits an offence;
- Offering or giving gratification
Any person who gives or agrees to give or offers any gratification to any agent as inducement or reward for doing or forbearing to do, or for having done or forborne to do the same in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business
- Intending to deceive
Any person who gives to an agent, or being an agent, he uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal
- Failing to report when offered bribery
Any person to whom any gratification is given, promised or offered in contravention of MACC 2009 shall report the same.
PROHIBITION AGAINST ALL FORMS OF CORRUPTION, BRIBERY AND EXTORTION
You are prohibited from directly or indirectly (i) giving, offering, authorising or promising to give or offer to or promising to authorise the giving or offering to; or (ii) soliciting or extorting (including blackmailing), accepting or receiving, or agreeing to accept or receive from any person, company or organisation (including any government, regulatory authority or public body and their officials, officers or members) any bribe, gratification or other corrupt payment as an inducement to, payment or reward for, or otherwise on account of, any person doing something or refraining from doing something or to influence a decision or conduct in respect of any matter or transaction whatsoever, actual or proposed.
Corrupt payments and/or acts of extortion are typically made (a) in order to gain or secure commercial, contractual or regulatory advantage for the Company in a manner which is dishonest, improper, unfair or unethical (for example to obtain or retain business); or (b) in order to provide personal advantage or favour, pecuniary or otherwise, for the employee or persons connected with the employee in a manner which may influence or compromise the employee’s ability to make objective and fair business decisions on behalf of the Company.
ANTI-BRIBERY LAWS OF OTHER JURISDICTIONS
You are required to observe and comply with the anti-corruption laws of Malaysia and any country in which the Company operates or does business. This Policy shall apply even in circumstances and in countries where the giving and receiving of bribes or such corrupt payments may be common local practice or custom. It is not a valid defence against a charge of corruption to show that the bribe in question is customary in any profession, trade, vocation or calling, industry, jurisdiction or country.
You are required to report your knowledge or suspicions of bribery to your respective Head of Department. The Head of Department shall immediately raise such complaint to the Anti-Bribery and Anti-Corruption Committee. You may also raise your concern directly to the Anti-Bribery and Anti-Corruption Committee at email@example.com
The complaint should include below particulars:
- Name of person/persons involved;
- Time, location and dates of bribery;
- How the bribery was perpetrated;
- Other witness to the bribery; and
- Documentation or evidence available, if any
Your identity will shall remain anonymous. All information received will be treated as confidential. Any party suspects any bribery should comply with the reporting procedures and should not attempt to personally conduct investigations or interview related to any bribery.