TERMS OF USE AND SERVICES (“TERMS”) 

 

1. General 

1.1. These are the Terms of Use and Services (“Terms”) of Rider Gate Sdn. Bhd. (Registration No: 202301041405 (1535324-M)) and its subsidiaries and affiliates (“Rider Gate”). These terms govern your access to and use of Rider Gate service portals, includingany content, functionality and services offered on or through the Platform and the mobile application (collectively, the “Application”) and affects your legal rights and obligations with respect to your use of the application, accessing your account, and the purchase of services (the “Services”) through the application. 

1.2. Rider Gate provides an online automotive platform that allows the prospective buyers to research, compare, bid, sell and purchase vehicle(s) listed on the Platform.

1.3. By accessing and using the Platform, you agree to comply with and be bound by these Terms which shall be applicable to all Users of the Platform. “You” or “Your” means the person or company who is authorised by Us to use the Application to access Your Account to manage Your Services, including, without limitation, upgrade or modify existing Services, purchase or additionalServices, or to terminate Services. “We”, “Our” and “Us” means Rider Gate Sdn. Bhd. having its business office at B-04-05, Tamarind Square, Persiaran Multimedia 63000 Cyberjaya, Selangor, its subsidiaries and affiliated companies.You are advised to read these Terms carefully as these affect your rights and liabilities under applicable laws and regulations in Malaysia. If you do not agree to these Terms, you should not use the Platform. 

1.4. Rider Gate reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by you.

1.5. Definitions and interpretations 

1.5.1. unless the context or subject matter otherwise requires, the following words and expressions shall have the following meanings: 

• “Acceptance”: Means your acceptance of our Offer or acceptance of a bid (Clause 8.2, Clause 9.2, Clause 8.4.2 and 9.4.2).

• “Acceptance Price”:  Shall have the meaning stipulated in Clause 8.4.2.3 and 9.4.2.3

• “Bidding Event”: Means the bidding event held on the Platform for the sale of among others, Your Used Vehicle (Clause 8.3 and 9.3).

• “Bidding Related Services”: Means the services rendered by us as stipulated in Clause 8.4.2. and 9.4.2

• “Services”: Means the services rendered by us, whether partly or wholly through the Platform including but not limited facilitating the sale of Your Used Vehicle.

• “Outstanding Amount”: Means the balance outstanding owing by you to a third party (including a financial institution) in relation to your hire of Your Used Vehicle.

• “Partners”: Means our Partner Financiers, Partner Insurers and Partner Dealers.

• “Partner Dealer”/“Dealer”: Means any one of our partner motorcycle Dealers. 

• “Partner Financiers”: Means any one of the financiers which we may introduce you to in connection with the purchase of Your Used Vehicle.

• “Partner Insurers”: Means any one of the vehicle insurers which we may introduce you to in connection with the purchase of Your Used Vehicle.

• “Platform”: Means https://app.ridergate.co or any related sub-sites and Rider Gate Mobile Application.

• “Report”: Means the report accompanying the listing of Your Used Vehicle on our Platform which sets out the condition of Your Used Vehicle.

• “Transaction Documents”: Means all documents necessary for the inspection and/or transfer of ownership of Your Used Vehicle to a Potential Buyer or Dealer, whichever is applicable, including but not limited to your identification documents, thumbprint documents and the motorcycle grant or the Vehicle Ownership Certificate of Your Used Vehicle. 

• “Direct Transaction”: Shall have the meaning as stipulated in Clause 8.2 and 9.2.

• “Your Warranties”: Means the warranties given by you relating to Your Used Vehicle including those listed in Clause 10.2

• “Your Used Vehicle” Means Your Used Vehicle which you intend to sell to our Potential Buyer or Dealer.
   

2. Right to use and restrictions

2.1. You are responsible for the access to and use of the Platform, including obtaining the necessary data network access, even if the access is by another person. 

2.2. You are accessing and using the Platform at your own risk. We shall not be liable for any damage to, or viruses or other codes that may affect any hardware or device, software, data or other property as a result of your access to and use of the Application. 

2.3. You may only access the Application using authorised means. It is your responsibility to check and ensure that you have downloaded and/or updated the correct software for the hardware and device for your access to and use of the Application. We do not guarantee that the Application, or any part thereof, will  function as intended on any particular hardware or device. We are not liable if you  do not have compatible hardware or a compatible device or if you have downloaded the wrong version of the software on your hardware or device. 

2.4. You shall access and use the Application in accordance with any instructions for access to and use of the Application which we may make from time to time, these Terms and regulations at the time being in force in Malaysia. 

2.5. The Application may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. 

2.6. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Application and/or purchase of Services. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Application immediately. 

2.7. You shall not: 
a) impersonate any person or party or falsely declare, distort or misrepresent your affiliation with any person or party in connection with the Application, or express or imply that we endorse any statement you make; 
b) in any way damage or disrupt the Application and/or the operation of the Application; 
c) use the Application for any fraudulent, unauthorised or unlawful purpose; 
d) deliberately and knowingly provide information or content that is false, misleading, inaccurate, illegal, threatening, obscene, hateful, libellous or defamatory; 
e) use the Application in a manner that may be contrary to our interests and/or the interest of other Users; 
f) introduce or allow the introduction of computer viruses and/or other computer programming routines such as any viruses, malware, unsolicited e-mails, Trojan horses, trap doors, back doors, worms, time bombs or cancelbots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, relating to or in  connection with the Application; 
g) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Application; 
h) use the Application in a manner that is in breach of any laws and regulations in Malaysia. 

2.8. We reserve the right to: 
a) check, vet and/or control any activity, content or information occurring on or through the Application; 
b) investigate any infringement of these Terms and take any appropriate action thereafter; 
c) restrict your access to and use of the Application if you violate any of the Clauses stated in Clause 2.7 above; and/or 
d) report any suspicious activity concerning the possible transgression of any applicable law or regulation to the appropriate authorities and to cooperate with such authorities. 

3. Limitation of Liability 

3.1. Prospective buyers are advised to read and understand the terms and conditions of the sale and to inspect the vehicles listed and conduct and rely on their own searches, enquiries, investigations and verifications on the accuracy and correctness of the particulars and information provided on the Application prior to purchasing. 

3.2. All prospective buyers should also note that any vehicle(s) listed as available for sale herein is subject to terms and conditions of sale and that any of the above vehicle(s) may at any time be withdrawn from the listing in the Application absolute discretion without any prior notice being given and for any reason whatsoever. The decision of the Application in relation to the proposed sale is final and shall not subject to challenge. Neither shall we, the Application nor its Agents be held liable for the contents herein in any manner whatsoever under any circumstances including but not limited to withdrawal of vehicle(s) from the sale. 

3.3. We may modify or discontinue the Application or any of the services or features of the Application, including specific listings, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Application and its services are provided on an “AS AVAILABLE” basis. Rider Gate assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications. 

3.4. We disclaim any express or implied warranties of accuracy, timeliness, currentness, completeness, non-infringement, fitness for purpose, merchantability or applicability of the Platform for any purpose. 

3.5. Further, we shall not be liable to you for any: (a) indirect, incidental, consequential, punitive or special damages whatsoever; or (b) loss of profits, loss of business, loss of opportunity or loss of goodwill, arising out of or in connection with these terms and conditions, whether based on breach of contract, tort (including, without limitation, negligence), misrepresentation, under statute or otherwise, and whether or not you have been advised of the possibility of such damage. 

3.6. Without prejudice to the generality of the foregoing, our entire aggregate liability for all claims made in respect of or in connection with these terms and conditions, howsoever arising, shall in no circumstances exceed the amount equivalent to (i) your Offer Price or Acceptance Price or (ii) the purchase price of Your Vehicle, whichever is lower PROVIDED that our said liability shall be reduced to the extent that the same shall be caused or contributed to by any act, omission, default or breach of the Partners and/or you. 

3.7. The Company shall not be held responsible for the following: 
a) Any late delivery of the Vehicle from you or the Interested Seller/Dealer; 
b) Any defects and/or conditions relating to the Vehicle purchased from you or the Interested Seller/Dealer that are discovered upon delivery of the Vehicle. For the avoidance of doubt, “defect” shall include but not be limited to damage of the engine, engine drivetrain, transmission, or other major mechanical parts that do not operate, and “condition” shall include but not be limited to all information regarding the ownership, warranties, and financing particulars of the Vehicle; or 
c) The condition of the Vehicle on the date of you or the Potential Buyer/Dealer receives or takes physical possession of the Vehicle is not the same as per the request during the sale transaction of the Vehicle, including but not limited to the choice of specifications such as colour, engine type, transmission, interior and controls, safety, and security. 

4. Indemnity 

4.1. You shall indemnify and keep us and our individuals, directors, employees, officers, subcontractors and/or agents as we may duly appoint as our representatives fully indemnified against all actions, claims, proceedings, demands, losses, damage, costs and expenses (including legal costs on an indemnity basis) which we may sustain, incur or pay arising from or in connection with: 

4.1.1.1. any issues arising out of Your Used Vehicle or Your Vehicle; and

4.1.1.2. any breach or non-observance by you of any of the obligations, provisions, representations and/or warranties under the Services Terms and Conditions. 

5. Platform 

5.1. We shall not warrant that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected or that the Platform will be free of viruses or other harmful components. 

5.2. In the event of disruptions, delays, failures or technological difficulties occurring on the Platform, we reserve the right to use alternative methods to perform the bidding or accept the bid. All bids shall be kept valid for acceptance. 

5.3. You agree that the use of alternative methods to accept the bid shall be valid and the terms and conditions herein shall be binding. 

5.4. The copyright, trademark, patent, database rights, trade secrets, any other intellectual property rights and other proprietary rights on the Platform are and remain our property. 

6. Personal data 

6.1 Our Personal Data Protection Notice governs the use of any personal information that you provide to us via the Application. A copy of the Personal Data Protection Notice can be accessed here at https://app.ridergate.co/terms 

6.2 You authorize and give us full consent to conduct credit and/ or other checks on you and/ or Your Used Vehicles we may deem fit including but not limited to checking with registered credit bureau or reporting agency(ies) for the purpose of assessing your credit worthiness (such as CTOS Data Systems Sdn Bhd, Central Credit Reference Information System, Experian Information Services (Malaysia) Sdn. Bhd. and Financial Information Services Sdn Bhd), and that you agree to execute all 
consent form(s) or to provide additional document(s) necessary for such credit check(s).You understand and agree that any information given by you including personal data collected or held by us (whether obtained through the Platform, your 
previous or current transactions with us or otherwise obtained) may be processed, held, used and disclosed to the relevant credit bureau or reporting agency(ies) or credit checking officers as we may deem necessary, particularly in the event of any non-compliance on your part, without any liability or notice to you. 
 

7. Intellectual Property 

7.1. You agree that the Application, including but not limited to Our Services, graphics, user interface, scripts, and software used to implement the Application, contains proprietary information and material that is owned by Us and/or Our licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Application in compliance with these Terms of Use. No portion of the Application or its features or functionality may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application in any manner, and You shall not exploit the Application in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. 

7.2. Notwithstanding any other provision of these Terms of Use, we reserve the right to change, suspend, remove, disable, restrict or terminate access to the Application, or other materials comprising a part of the Application at any time without notice. In no event shall We incur any liability to You or otherwise as a result of any such actions. We may also impose limits on the use of or access to certain features or portions of the Application, in any case and without notice or liability. 

7.3. All copyrights in and to the Application (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Us and/or Our licensors, who reserve all their rights in law and equity. The use of the application or any of its content, features or functionality, except as permitted in this agreement, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages, for infringement of our or a third party’s intellectual property rights.
 
7.4. All trademarks, logos, images, and service marks, including these Terms as displayed on the Application or in our marketing material, whether registered or unregistered, are the intellectual property of Rider Gate and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Rider Gate’s trademarks on any other Application not approved by us is strictly prohibited. Rider Gate will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Rider Gate neither warrants nor represents that your use of materials displayed on the Application will not infringe rights of third parties not owned by or affiliated with Rider Gate. Use of any materials on the Application is at your own risk. 

8. Selling Your Used Vehicle to Potential Buyer/Our Partner Dealers 

8.1. Relationship between the you and Potential Buyer/our Partner Dealer (hereinafter known as “Dealer”)

8.1.1. Through our Application, we will facilitate the sale between you and our Dealer/Potential Buyer. We do not buy or sell Your Used Vehicle; rather, a Potential Buyer/Dealer does. Your Used Vehicle is listed for sale on the Application and is sold by you, the seller. In an effort to secure the greatest selling price for you, we will advertise and market your Used Vehicle to our Potential Buyer/Dealer. Until you accept the offer or a winning bid, you are free to keep using your Used Vehicle. 

8.1.2. We cannot, for the avoidance of doubt, guarantee that Your Used Vehicle will be sold at the selling price you specify after it participates in a bidding event, nor can we specify how long it will take for Your Used Vehicle to sell. 

8.1.3. By doing so, you authorize us (and any other personnel, officers, subcontractors, and/or agents that we may subsequently designate as our representatives) to facilitate the sale of your Used Vehicle. 

8.1.4. You hereby provide our full cooperation and assurance that you will not conspire with any Dealer or Potential Buyer to complete a transaction independently and separately with the intention of avoiding the payment of any fee to us. Should 
any attempt to do so come to your attention, you are obligated to promptly notify us. Failure to do so will result in a prohibition from using Services in the future or in the present. 

8.2. In the event that you wish to sell the Used Vehicle to the Potential Buyer/Dealer, a direct transaction may occur (hereinafter referred to as “Direct Transaction”). In this scenario, the Potential Buyer/Dealer shall offer a price for Your Used Vehicle through Rider Gate, and you may choose to accept the price offered by the Potential Buyer/Dealer. 

8.3. Alternatively, if you do not accept the offer resulting from the direct transaction as described in Clause 8.2 above, you may opt to initiate a bidding event as stipulated in Clause 8.4 below (hereinafter referred to as “Bidding Event”). The Bidding Event shall involve a process in which Potential Buyers, including the Dealer, may submit bids to purchase your Used Vehicle. You retain the right to accept the highest bid or reject all bids at your discretion. 

8.4. Services Provided By Us & Service Fee (if any)

8.4.1.The following services shall be provided:

8.4.1.1. Acting as your facilitator in the transaction to sell your Used Vehicle;

8.4.1.2. Conducting a preliminary physical inspection on Your Used Vehicle and collecting details and photographs of the Vehicle (prior to offering your Used Vehicle for sell and before delivering the possession of your Used Vehicle to the Potential Buyer/Dealer) and the Transaction Documents at: a) any one of our selected authorised inspection centres (“authorised inspection centre”) during their operating hours; orb) subject always to the authorised inspection centre availability and your prior appointment with our dedicated staff, at your selected location in Malaysia. 

8.4.1.3. Providing guidance on the optimal listing or selling price for your pre-owned vehicle;

8.4.1.4. Managing the process of listing Your Used Vehicle on the Application and informing our Potential Buyer/Dealer of its specifications;

8.4.1.5. Execution of a Bidding Event with the Objective of Acquiring a Competitive Offer Price for your Used Vehicle;

8.4.1.6. Informing to you the Bid Price by multiple Potential Buyer/Dealer;

8.4.1.7. Assist in the transfer of ownership of Your Used Vehicle(subsequent to which you agree to undertake all requisite actions to ensure the transfer of ownership of your Used Vehicle) and transfer payment to you once we receive the purchase price (which you agree to be the final bid price accepted by the Potential Buyer/Dealer) and you deliver physical possession of Your Used Vehicle and the Transaction Documents to the Potential Buyer/Dealer.In consideration of the aforementioned Bidding Related Services and contingent upon the sale and purchase of your Used Vehicle, we reserve the right to assess a service fee that will be disclosed to you prior to the commencement of the Bidding Related Services. 

8.4.2. Bidding of Your Used Vehicle and Acceptance 

8.4.2.1. During the duration of the bidding event, Your Used Vehicle may be featured on the Application. The offered price for your used vehicle will be provided by multiple bidders. It is incumbent upon you to accept the most favourable offer among those submitted by the bidders within a period of 24 hours.
 
8.4.2.2. Failure to provide your acceptance of any bid within 24 hours following the conclusion of the bidding event will result in your acceptance of no bids. After accepting any proposal, you will be required to transfer ownership of Your Used Vehicle to the bidder in question. 

8.4.2.3. The price at which Acceptance occurs shall be known as “Acceptance Price”.

8.5. Payment of Acceptance Price

8.5.1. Upon your acceptance of the price through Direct Transaction or the Bidding Event, we shall procure payment of the Acceptance Price from the successful bidder/Potential Buyer/Dealer. 

8.5.2. You will only receive the paid Acceptance upon the successful transfer of ownership of the Used Vehicle to the successful bidder/Potential Buyer/Dealer and the subsequent uploading of the ownership transfer slip by you and the successful bidder/Potential Buyer/Dealer to the Platform. 

8.6. Delivery and Completion of Sale 

8.6.1. Subject always to our availability and prior appointment with our dedicated staff, you shall arrange for delivery of Your Used Vehicle to the Potential Buyer/Dealer within 48 hours of your Acceptance at the Potential Buyer/Dealer’s Office/shop or we may assist to arrange for you and the Potential Buyer/Dealer for collection at an agreed location in Malaysia between our dedicated staff/the Potential Buyer/Dealer’s dedicated staff and you. 

8.6.2. A further inspection shall be performed on Your Used Vehicle in order to corroborate the condition of the vehicle since the initial inspection. 

8.6.3. The Potential Buyer/Dealer and you shall both promptly submit the ownership transfer slip on the Application upon receiving possession of the Used Vehicle from you. 

8.6.4. Should the Potential Buyer/Dealer be satisfied with the state of your pre-owned vehicle and: 

8.6.4.1. If Your Used Vehicle is subject to a facility or hire purchase agreement with a third party, such as a financial institution, you shall arrange for the outstanding amount to be settled and to obtain supporting documentation to prove it. Thereafter you shall immediately deliver to the Potential Buyer/Dealer the Transaction Documents and physical possession of Your Used Vehicle. 

8.6.4.2. If Your Used Vehicle is unencumbered, you shall immediately deliver to us the Transaction Documents and physical possession of Your Used Vehicle and we will arrange for remittance of the Acceptance Price (less any agreed applicable service fee) to you within 24 hours of your delivery of physical possession of Your Used Vehicle and the Transaction Document to the Potential Buyer/Dealer provided always that the full purchase price has been received by us from the Potential Buyer/Dealer. 

8.6.4.3. In the event the Potential Buyer/Dealer is not satisfied with the condition of Your Used Vehicle (which may arise due to factors including that Your Used Vehicle since the first inspection was involved in a major accident or has flood fire or frame damage or has been tampered with or has been declared a total loss), on behalf of the Potential Buyer/Dealer, we shall be entitled to: 
a) terminate the bid and your Acceptance with immediate effect and no party shall have any liability towards each other whatsoever save for antecedent breaches; or
b) terminate the existing bid and Acceptance with immediate effect and no party shall have any liability towards each other whatsoever save for antecedent breaches and make a fresh offer upon which these Services Terms and Conditions shall apply to such fresh offer. 

9. Purchasing Used Vehicle from Interested Seller/Our Partner Dealers. 

9.1. Relationship between you and Interested Seller/our Partner Dealer (hereinafter known as “Dealer”)

9.1.1. Through our Application, we will facilitate the sale between you and the Interested Seller/Dealer. We do not buy or sell Used Vehicle; rather, an Interested Seller/Dealer does. The Used Vehicle is listed for sale on the Application and is sold by an Interested Seller/Dealer, the seller. In an effort to secure the greatest selling price for the Interested Seller/Dealer, we will advertise and market their Used Vehicle to you/another Potential Buyer/Dealer. Until there is an acceptance of the offer or a winning bid, Interested Seller/Dealer is free to keep using their Used Vehicle. 

9.1.2. We cannot, for the avoidance of doubt, guarantee that the Interested Seller’s/Dealer’s Used Vehicle will be sold at the selling price they specify after it participates in a bidding event, nor can we specify how long it will take for their Used Vehicle to sell. 

9.1.3. By doing so, the Interested Seller/Dealer has authorized us (and any other personnel, officers, subcontractors, and/or agents that we may subsequently designate as our representatives) to facilitate the sale of the Interested Seller’s/Dealer’s Used Vehicle. 

9.1.4. You hereby provide our full cooperation and assurance that you will not conspire with any Dealer or any Interested Seller to complete a transaction independently and separately with the intention of avoiding the payment of any fee to us. Should any attempt to do so come to your attention, you are obligated to promptly notify us. Failure to do so will result in a prohibition from using Services in the future or in the present. 

9.2. In the event that the Interested Seller/Dealer wish to sell their Used Vehicle to the you, a direct transaction may occur (hereinafter referred to as “Direct Transaction”). In this scenario, you shall offer a price for their Used Vehicle through Rider Gate, and the Interested Seller/Dealer may choose to accept the price offered by you. 

9.3. Services Provided By Us & Service Fee (if any)

9.3.1.The following services shall be provided upon request:

9.3.1.1. Acting as your facilitator in the transaction to sell the Interested Seller’s/Dealer’s Used Vehicle;

9.3.1.2. Conducting a preliminary physical inspection on the Interested Seller’s/Dealer’s Used Vehicle and collecting details and photographs of their Vehicle (prior to offering their Used Vehicle for sell and before delivering the possession of their Used Vehicle to you) and the Transaction Documents at: 
c) any one of our selected authorised inspection centres (“authorised inspection centre”) during their operating hours; or
d) subject always to the authorised inspection centre availability and prior appointment with our dedicated staff, at selected location in Malaysia. 

9.3.1.3. Providing guidance on the optimal listing or selling price for their pre-owned vehicle;

9.3.1.4. Managing the process of listing their Used Vehicle on the Application and informing you of its specifications;

9.3.1.5. Execution of a Bidding Event with the Objective of Acquiring a Competitive Offer Price for their Used Vehicle;

9.3.1.6. Informing to the Interested Seller/Dealer the Bid Price by you/another Dealer/Potential Buyer(s);

9.3.1.7. Assist in the transfer of ownership of their Used Vehicle(subsequent to which the Interested Seller/Dealer agree to undertake all requisite actions to ensure the transfer of ownership of their Used Vehicle to you) and transfer payment to them once we receive the purchase price from you (which they agree to be the final bid price accepted by them) and they shall deliver physical possession of their Used Vehicle and the Transaction Documents to you.In consideration of the aforementioned Bidding Related Services and contingent upon the sale and purchase of their Used Vehicle, we reserve the right to assess a service fee that will be disclosed to the Interested Seller/Dealer prior to the commencement of the Bidding Related Services. 

9.4.2. Bidding of the Interested Seller’s Used Vehicle and Acceptance 

9.4.2.1. During the duration of the bidding event, the Interested Seller’s Used Vehicle may be featured on the Application. The offered price for their used vehicle will be provided by multiple bidders, including you. It is incumbent upon the Interested Seller to accept the most favourable offer among those submitted by the bidders/Potential Buyer/Dealer/you within a period of 24 hours. 

9.4.2.2. Failure to provide their acceptance of any bid within 24 hours following the conclusion of the bidding event will result in their acceptance of no bids. After accepting any proposal, they will be required to transfer ownership of their Used Vehicle to the bidder in question. 

9.4.2.3. The price at which Acceptance occurs shall be known as “Acceptance Price”. 

9.5. Payment of Acceptance Price 

9.5.1. Upon the Interested Seller’s/Dealer’s acceptance of the price through Direct Transaction or the Interested Seller’s acceptance of the price through Bidding Event, we shall procure payment of the Acceptance Price from the successful bidder/Potential Buyer/Dealer/you. 

9.5.2. The Interested Seller/Dealer will only receive the paid Acceptance Price upon the successful transfer of ownership of the Used Vehicle to the successful bidder/Potential Buyer/Dealer/you and the subsequent uploading of the ownership transfer slip by the successful bidder/Potential Buyer/Dealer/you and the successful bidder/Potential Buyer/Dealer/you to the Platform. 

9.6. Delivery and Completion of Sale 

9.6.1. Subject always to our availability and prior appointment with our dedicated staff, the Interested Seller/Dealer shall arrange for delivery of their Used Vehicle to you within 48 hours of the Interested Seller’s/Dealer’s Acceptance, we may assist to arrange for you and the Interested Seller/ Dealer for collection at an agreed location in Malaysia. 

9.6.2. A further inspection shall be performed on the Interested Seller’s/Dealer’s Used Vehicle in order to corroborate the condition of the vehicle since the initial inspection. 

9.6.3. The Interested Seller/Dealer and you shall promptly submit the ownership transfer slip on the Application upon receiving possession of the Used Vehicle from the Interested Seller/Dealer. 

9.6.4. Should you be satisfied with the state of the Interested Seller/Dealer’s pre-owned vehicle and: 

9.6.4.1. If the Interested Seller/Dealer Used Vehicle is subject to a facility or hire purchase agreement with a third party, such as a financial institution, they shall arrange for the outstanding amount to be settled and to obtain supporting documentation to prove it. Thereafter Interested Seller/Dealer shall immediately deliver to you the Transaction Documents and physical possession of their Used Vehicle. 

9.6.4.2. If their Used Vehicle is unencumbered, they shall immediately deliver to you the Transaction Documents and physical possession of their Used Vehicle and we will arrange for remittance of the Acceptance Price (less any agreed applicable service fee) to them within 24 hours of their delivery of physical possession of their Used Vehicle and the Transaction Document to you provided always that the full purchase price has been received by us from you. 

9.6.4.3. In the event you are not satisfied with the condition of their Used Vehicle (which may arise due to factors including that Your Used Vehicle since the first inspection was involved in a major accident or has flood fire or frame damage or has been tampered with or has been declared a total loss), on behalf of you, we shall be entitled to: 
c) terminate the bid and their Acceptance with immediate effect and no party shall have any liability towards each other whatsoever save for antecedent breaches; or
d) terminate the existing bid and Acceptance with immediate effect and no party shall have any liability towards each other whatsoever save for antecedent breaches and make a fresh offer upon which these Services Terms and Conditions shall apply to such fresh offer. 

10. General terms on selling your vehicle 

10.1. Use of Your Used Vehicle pending Delivery and Completion of Sale 

10.1.1. In the event that due to any reason whatsoever, the Potential Buyer/Dealer has remitted any amount to a third party (including a financial institution which Your Used Vehicle is under hire pursuant to a hire purchase arrangement) but have yet to take physical possession of Your Used Vehicle or the transfer of ownership of Your Used Vehicle to the Potential Buyer/Dealer has yet to take effect, you acknowledge and agree that: 

10.1.1.1.You are holding Your Used Vehicle in trust for the Potential Buyer/Dealer, and Ownership of Your Used Vehicle remains with the Potential Buyer/Dealer;

10.1.1.2.Until such time that we have obtained physical possession and ownership of Your Used Vehicle, you are not permitted to use or deal with Your Used Vehicle in any way other than to facilitate the transfer of ownership to the Potential Buyer/Dealer and to ensure delivery of physical possession to the Potential Buyer/Dealer; and

10.1.1.3. Should the condition of Your Used Vehicle change or be altered in any way since our last inspection, we, the Company, on behalf of the Potential Buyer/Dealer, reserve the right to terminate the transaction without incurring any additional liability towards you. Additionally, we have the right to recover from you any sums paid in advance for the purchase of your used vehicle. 

10.2. Your Warranties 

10.2.1. In consideration of all of the above, you represent and warrant to us that: 

10.2.1.1. you are the rightful, registered, legal and beneficial owner of Your Used Vehicle and have the power, right and authority to enter into the arrangements contemplated here and the entering of these Services Terms and Condition or sale of Your Used Vehicle will not breach any provision and/or covenant with any third party;

10.2.1.2. save and except as notified by you prior to your Acceptance, Your Used Vehicle is free and clear from all liens, loans and any other encumbrances;

10.2.1.3. Your Used Vehicle is not a theft product or was obtained illegitimately, or been employed in illicit activities or involved in a crime, nor has it been fitted with illegitimate components or accessories;

10.2.1.4. the chassis and engine number and odometer of Your Used Vehicle shall not have been tampered with;

10.2.1.5. No engine replacement or modification of Your Used Vehicle has occurred without prior authorization from the relevant authorities and in violation of any applicable laws and regulations.;

10.2.1.6. Your Used Vehicle shall be free from any traffic summons, fines, penalties or outstanding parking fees and we shall not be held responsible and/or liable to any traffic summons, fines, penalties or outstanding parking fees that has been incurred prior to and/or at the time of sale of Your Used Vehicle to us / The Dealer and/ or Potential Buyer;

10.2.1.7. Your Used Vehicle shall be free from any lawsuits, claims, investigations, proceedings, legal and regulatory actions;

10.2.1.8. Your Used Vehicle shall be roadworthy, fully serviced and comply with the requirements of the Road Transport Department of Malaysia;

10.2.1.9. You shall promptly inform and disclose to us any defectiveness and/or condition relating to Your Used Vehicle that is made known or should have made known to you at any time prior to, during or after the Offer or Bidding Event and shall continue to keep us informed of the condition of Your Used Vehicle at all time until Your Used Vehicle is successfully sold and delivered to our possession. For the avoidance of doubt, “defectiveness“ shall include but not limited to major accident, flood, fire, frame, total loss, replacement of engine, cut and joint, modification, engine drivetrain, transmission, or other major mechanical or electric parts that do not operate (including problems with steering, clutch, suspension and/or brakes), and “condition“ shall include but not limited to all information regarding the ownership, history, accident record and financing and insurance particulars of Your Used Vehicle;

10.2.1.10.Your Used Vehicle shall remain substantially in the same condition on the date we receive or take physical possession of the vehicle as it was during the inspection and/or as of the publication of the inspection report.;

10.2.1.11.the Transaction Documents and any other documents related to Your Used Vehicle are complete and genuine;

10.2.1.12.In the event that Your Used Vehicle has any outstanding hire purchase or facility charges with a third party (including a financial institution), whether at this time or in the past, you are required to obtain or arrange for the e-batal receipt to be provided to the appropriate authorities;

10.2.1.13. you have obtained and will continue to maintain all related documentation, insurance, permit(s) and/or license(s) required for Your Used Vehicle, including but not limited to permits and licenses which shall be obtained from authorized government officials or pursuant to such applicable laws and requirements and shall submit copies of such permit(s) and/or license(s) to us, where required; and

10.2.1.14. all information provided by you to us is true and accurate;

10.2.1.15.in relation to Your Used Vehicles’ condition, Your Used Vehicle: (i) has not been affected by flood or fire or frame damage; (ii) has not been involved in major accident; (iii) has not been involved in a vehicle cloning activity; (iv) has not been declared as a total loss or beyond economic repair; (v) has not been a “cut and join” or blacklisted by any government authority; (vi) is not a used government official vehicle; and (vii) is not with chassis or engine number not visible. 

10.2.2. If any of your warranties shall at any time hereafter be found to have been untrue, incorrect, misleading or inaccurate in any respect, in such event and not withstanding anything to the contrary herein contained and without prejudice to any of our other rights and remedies stated herein or under the laws (including institution of legal proceedings against you), we shall have the right to terminate the entire sale transaction of Your Used Vehicle, remove the listing of Your Used Vehicle from the Platform and/or terminate these Services Terms and Conditions with you whereupon we shall be entitled to demand you to refund to us the full purchase price remitted by us and in exchange, we will return to you the physical possession of Your Used Vehicle and/or all the Transaction Documents delivered and/or deposited by you to us. 

10.2.3. If applicable, in the event that your warranties was found to have been untrue, misleading, incorrect or inaccurate after the completion of the sale and purchase, you acknowledge and agree that the Potential Buyer/Dealer shall be entitled to seek recourse directly against you as the previous owner or seller of Your Used Vehicle and in this regard, you hereby irrevocably authorise us to release information and data relating to you to the Potential Buyer/Dealer for such purpose. For the avoidance of doubt, we shall not in any way be held liable to compensate any party for any costs, losses or damages resulting from any false, incomplete, misleading, or inaccurate information provided by you. 

10.2.4. We reserve the right to report you to the relevant authorities if we have proof or reasonably believe that you have undertaken fraudulent or illegal practice and/or activities with regard to Your Used Vehicle or undertaken any activities harmful or prejudicial to us during the course of Services.

10.3. Other Services 

10.3.1. If you require an employee/representative/agent of ours to drive Your Used Vehicle as part of the provision of our Services to facilitate the sale of Your Used Vehicle, you shall authorize and nominate such person to be a driver and you agree that neither we nor such authorized person shall be liable for any loss or damage to Your Used Vehicle and any other losses, damage, cost and expenses whatsoever and howsoever caused (including without limitation to the loss of no claim bonus in respect of Your Used Vehicle’s insurance). You further agree and acknowledge that, to the fullest extent permitted by law, we and our employees, representatives and/or agents shall have no responsibility for and risk and liability arising from bodily injury, death or property damage due to the negligence of others or otherwise while providing the Services. 

11. General terms on your purchase of a vehicle 

11.1. Dealings with our Partners (Partner Financiers, Partner Insurers & Partner Dealers) 

11.1.1. We have chosen a number of Partners to enhance the Company’s Services in an effort to give you a simple and convenient path to vehicle ownership. You acknowledge that you are under no obligation to interact with them, and that any transactions you may have with them are entirely voluntary, even if we may suggest their services and/or goods to you. 

11.1.2. Additionally, we have no capacity to impede on any additional terms and conditions that may be agreed upon between you and the Partners about your involvement with them or your acceptance of their services and/or products. 

11.1.3. Accordingly and to the fullest extent permitted by the applicable laws, we shall not be held liable for any commitments made by our Potential Buyer/Dealer/Partners and any costs and /or expenses you incur, loss and/or damages that may arise from their failure to honor such commitments (including but not limited to deposits with and processing fees charged by vehicle insurer and financier) and in general, your engagement with the Potential Buyer/Dealer/Partners which shall include but is not limited to: 

11.1.3.1. any late delivery of Your Vehicle from the Potential Buyer/Dealer/Partners;

11.1.3.2. any defects and/or conditions relating to Your Vehicle purchased from the Potential Buyer/Dealer/Partners that is discovered upon delivery of Your Vehicle. For the avoidance of doubt, “defect” shall include but not limited to damage of engine, engine drivetrain, transmission, or other major mechanical parts that do not operate, and “condition” shall include but not limited to all information regarding the ownership, warranties and financing particulars of Your Vehicle;

11.1.3.3. the condition of Your Vehicle on the date you receive or take physical possession of Your Vehicle is not the same as per your request during the sale transaction of Your Vehicle, including but not limited to choose of specification such as colour, engine type, transmission, interior and control, and safety and security;

11.1.3.4. any failure of the Potential Buyer/Dealer/Partners to meet their initial promotional offer or initial rebate (if any). 

12. Language

12.1. In the event of any conflict between this English language Terms of Use and its corresponding Bahasa Malaysia Terms of Use, the terms in this English language Terms of Use shall prevail