WEBSITE TERMS AND CONDITIONS
This Website Terms and Conditions (“Website Conditions”) set out the terms and conditions in respect of the services provided by Hiap Huat Portal Solutions Sdn Bhd (“HHPS”). We strongly encourage you to read these Website Conditions before using this Site and/or the Services (as defined herein), so that you are aware of your legal rights and obligations provided hereunder. By accessing or continuing to access to this Site and/or use of the Services, you hereby agree to these Website Conditions.
1. Definitions
1.1 In this Agreement, unless the context otherwise requires, the words, terms and expressions used herein shall have the following meanings:
“Account”
means an account registered by a Member under this Site;
“Agreement”
means the agreement formed between HHPS and yourself by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions, the Privacy Policy and the Member Conditions;
“App”
means any software or mobile application developed and/or owned by HHPS in relation to the Services;
“Computer”
means any computer, notebook computer, mobile phone or other electronic device used to access this Site or the Services;
“Content”
means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content;
“Linked Sites”
means any third party websites linked from the Site;
“Member”
means a registered member of the Site;
“Member Conditions”
means the Members Terms and Conditions;
“Personal Data”
means any data about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access;
“Servers”
means the computer software, systems and servers hosting, operating, managing, providing or contributing to this Site and the Services;
“Services”
has the meaning as defined in Clause 3.2;
“Site”
means the HHPS website accessible at http://www.auto360.my/;
"HHPS Content"
means all Content belonging to HHPS that is made available on or via the Site;
“Third Party Products”
means products and services of third parties, including other users, advertised on or available at this Site or websites linked from the Site;
“Third Party User Content”
means all User Content which is not created, transmitted, posted or uploaded by Member;
“User Content”
means all Content on this Site which is created, transmitted, posted or uploaded by a Member;
2. Agreement
2.1 You hereby represent and warrant that:
2.1.1 you have read and agreed to these Website Conditions and our Privacy Policy;
2.1.2 all information supplied by you on this Site is true, accurate, complete and updated; and
2.1.3 you are at least 18 years old and possess the necessary legal capacity, right, power and authority to agree to these Website Conditions;
2.2 HHPS reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time without any notice or obligation owing to you. HHPS may also impose limits on certain features or restrict your access to parts or the entire Services or Site without providing you with any notice or liability owing to you.
2.3 HHPS may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. The amended Website Conditions shall be effective immediately when it is posted on this Site.
3. Site and Services
3.1 This Site is owned and maintained by HHPS.
3.2 HHPS may offer one or more of the following services on or through this Site (each a “Service” and collectively the “Services”):
3.2.1 access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, software applications and other types of works, including any print, electronic newspapers, magazines, Apps or other content of HHPS, whether through an online store or otherwise;
3.2.2 search engines or tools;
3.2.3 an advertising platform;
3.2.4 a platform to create, upload and publicly make available personalised content;
3.2.5 message boards, forums, blogs, communication and/or review tools; and
3.2.6 any other features, content or applications that HHPS may offer on or through this Site from time to time.
3.3 You may be required to register as a Member and additionally shall be bound to comply with the Member Conditions and the Website Conditions in order to access and use the Services.
3.4 HHPS may from time to time, organize or run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time the competition, promotion and/or survey are organize or run.
4. Content Use Conditions
4.1 Unless expressly permitted by HHPS or permitted in these Website Conditions or owner or licensee of the specific User Content, you may not reproduce, republish, modify, adapt, translate, broadcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to this Site, Service, HHPS Content or Third Party User Content.
4.2 Without prejudice to the generality of Clause 4.1, you shall not reproduce, display or otherwise provide access to the Services, HHPS Content, or Third Party User Content on another website or server without prior written permission from HHPS.
4.3 All HHPS Content are the copyrighted work of HHPS or its content or software providers, and HHPS reserves and retains all rights in the HHPS Content. Use of some HHPS Content may be governed by the terms of an accompanying end user license agreement.
4.4 You shall not at any time reverse engineer or otherwise attempt to discover the source code of any HHPS Content available on this Site or through a Service except under the specific circumstances expressly permitted by law or HHPS in writing.
5. Online Conduct
5.1 You hereby undertake:
5.1.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on this Site by HHPS from time to time;
5.1.2 not to use any Service or HHPS Content for any unlawful purpose, and to comply with all applicable laws and regulations;
5.1.3 not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the Site, Services or Servers; and
5.1.4 not to use the Account of another Member at any time, whether with or without his/her permission.
6. Intellectual Property
6.1 The materials and information displayed on this Site, including but not limited to all editorial materials, information, images, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of HHPS, save for User Content and Third Party Content, which shall belong to other relevant Members and third parties.
6.2 The trademarks, logos and service marks ("Marks") displayed on this Site are the property of HHPS unless it is expressly stated to belong to other third parties. No name or other Marks displayed on this Site may be used in any way without prior written permission of HHPS.
7. Termination
7.1 HHPS shall have the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of this Site or Services, without notifying you or assigning any reason for such restriction, suspension or termination.
8. Disclaimer
8.1 HHPS is not responsible to anyone for any loss or damage which may incur in connection with the use of this Site or any of HHPS Content. This includes, but is not limited to loss suffered in connection with out of date materials or the transmission of computer viruses. To the fullest extent permissible by law, HHPS disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, warranty of non-infringement or warranty of security and accuracy.
8.2 Without limiting the foregoing, HHPS does not warrant that the functions contained in or access to the Site, Services, HHPS Content or other content will be uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, HHPS Content or the Servers are free of viruses or other harmful components. HHPS does not warrant or make any representations regarding the use or the results of the use of the HHPS Content, the Services, this Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree not to hold HHPS liable for the loss of any of your User Content.
8.3 You agree that HHPS has no control over Third Party Products, and HHPS hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via this Site or on Linked Sites.
8.4 You further agree that HHPS shall not be responsible for any User Content, posting, email or any information that may be inserted or made available on this Site by other users of the Services. Accordingly, all statements, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used and relied upon only with care and discretion and at your own risk. HHPS shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
8.5 HHPS shall not at any time be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the HHPS Content, Services, Site, or any other website, even if HHPS or a HHPS authorised representative has been advised of, or should have foreseen, the possibility of such damages.
8.6 To the maximum extent permitted by applicable law, HHPS disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data on the Site, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
9. Indemnity
9.1 You agree to indemnify and hold HHPS, affiliates, partners, agents, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
9.1.1 any use of this Site or any Service;
9.1.2 your connection to the Site;
9.1.3 your breach of any terms and conditions of these Website Conditions;
9.1.4 your violation of any rights of another person or entity; or
9.1.5 your breach of any statutory requirement, duty or law.
10. Governing Law & Jurisdiction
10.1 These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of Malaysia.
11. Contact Us
11.1 All questions or concerns about these Website Conditions shall be addressed to enquiry@auto360.my.
