1. The Advertiser Agreement ("Agreement")
As part of Carstation ("Carstation")’s services on www.carstation.com.my ("Website"), Carstation allows you ("Advertiser", "you" or "your") to place advertisements in connection with your goods and services ("Goods and Services") on the Website ("Advertisement") in accordance with the following terms and conditions. This Agreement together with the Website Terms and Conditions (www.carstation.com.my) will govern your use of the Website as an Advertiser on the Website. In this regard, you indicate that you have read, understand and accept the terms and conditions of this Agreement and the Website Terms and Conditions and that you agree to abide by them each time you access and use the Website. If you do not agree with the same, please refrain from accessing and using the Website.
As a condition of your access and use of the Website, you warrant to Carstation that you have the right, authority and capacity to enter into and be bound by this Agreement. You must be over 18 to register as an Advertiser or to place an Advertisement on the Website. Carstation reserves the right to terminate this Agreement with or without notice if you are not above 18.
2. Accessing Carstation’s Website
As an Advertiser, you shall submit to Carstation the advertising materials in connection with the Goods and Services ("Advertising Content") within two  days from our request. You are responsible for all artwork and link information on the Advertisement.
Please note that no agreement to publish an Advertisement will be deemed to exist between you and Carstation until the Advertisement has been accepted for publication by Carstation on the Website and, in such event, Carstation may manage, edit and/or remove the Advertisement when exercising the rights set out in this Agreement. You are responsible for complying with all laws applicable to your use of the Website, including any Advertising Content that you submit to Carstation.
Access to the Website is permitted on a temporary basis, and Carstation reserves the right to withdraw, suspend or amend any aspect or feature of the Website or the entire Website without notice or liability, at any time. You are responsible for making all arrangements necessary for your access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with the same.
3. Advertising Content publishing standards and your responsibilities
You are solely responsible for your Advertising Content. You understand that all information publicly posted or privately transmitted through Website is the sole responsibility of the person from which such Advertising Content originated and the relevant account holder. In this regard, you warrant that:
- your Advertising Content is accurate, true and complete (including where it states facts or contains photographs). You agree to review and verify the Advertising Content in respect of the Advertisements and ensure that there are no errors prescribed in the Advertisement;
- your Advertising Content does not deceive or mislead any person;
- your Advertisement must conform to the standards promulgated from time to time by Carstation;
- your Advertising Content is genuinely held, and capable of verification (where it states an opinion); and
- • your Advertising Content complies with applicable law and regulations.
As an Advertiser you further warrant to Carstation that:
- you have the right to offer for sale the Goods and Services that is submitted to the Website using your account, and that you will not offer for sale any Goods and Services on behalf of an undisclosed third party;
- the Goods and Services are of merchantable and fitness for purpose;
- the Goods and Services and Advertisements comply with all applicable laws and regulations including obtaining any required licenses or permits;
- if you include a photograph in the Advertisement, it is the exact photograph of the Goods and Services listed.
Carstation reserves the right to review, edit, decline to publish (in whole) or in part or to omit, suspend, change the position, size quality or colouring of or reclassify any Advertisement or Advertising Content supplied by you. In addition, Carstation reserves the right to designate the placement of the Advertisement on the Website. In the event multiple Advertisers request the same position on the Website, Carstation may enable a rotating bar allowing for more than one advertisements; this bar would change with each page click or refresh by Website users.
Without limiting the foregoing, you agree that Carstation may review, edit, remove, delete or require to be amended, any of your Advertising Content for reasons including where Carstation have determined that (i) there has been or may be a breach of this Agreement, (ii) your Advertising Content does or might infringe a third party right; (iii) your Advertising Content does or might bring Carstation’s business into dispute or conflict, (iv) your Advertising Content does or might be required to respond to a complaint or legal action ,or (v) to correct typographical errors or technical inaccuracies that may appear in your Advertising Content from time to time. If Carstation determines that a breach of this Agreement has occurred, Carstation may take such action as Carstation deems appropriate.
You shall ensure that, upon the user’s accessing the link prescribed on your Advertisement ("Linked Site"), every user is made aware that he/she is leaving the Website and entering the Linked Site.
4. Disputes with third parties
You must notify Carstation immediately if any person makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Website. You will, if requested by Carstation, immediately stop the use complained of. In addition, if requested by Carstation, you must confirm the details of the claim or threat of a claim in writing to Carstation. If Carstation requested you to stop the use complained of and if you fail to stop such use, Carstation reserves the right to take any and all appropriate action against you, which may involve appropriate legal action.
5. Our Liability
Carstation shall not be liable to you in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in connection with the Agreement for:
- any loss or damage suffered by you arising out of or in connection with any total or partial failure to publish or for removing any materials from the Website;
- failure to publish a photograph of any vehicle;
- any loss of copy, artwork, photographs or other materials;
- any consequential, direct, indirect or special loss or damage;
- any loss of goodwill or reputation;
- any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) in each case whether advised of the possibility of such loss or damage and howsoever incurred.
For the avoidance of doubt, Carstation’s total liability to you in contract, tort (including without limitation negligence), statutory duty or otherwise arising out of or in connection with the Agreement or the Website shall not exceed the total charges paid by you to Carstation for the relevant Advertisement.
Any warranties, terms or conditions of any kind whether express or implied, statutory or otherwise, including without limitation, implied terms of satisfactory quality or fitness for purpose, which are hereby expressly excluded to the fullest extent permitted by law.
You agrees to indemnify and keep Carstation fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with any breach of the Agreement by you, any third party complaints or claims brought against Carstation in respect of any Advertisement, the subject matter thereof or any other materials supplied by you in connection with the Website, your use of the Website, anything related to or arising out of the Linked Site (including but not limited to any transactions conducted on the Linked Site) and for any claim that Carstation’s use of any copy, artwork, photograph or other materials provided by you infringes any third party intellectual property rights.
6. Advertisement Orders
Payment and Security
Publication of an Advertisement on the Website is subject to payment of a fee to Carstation (the "Fee"). The Fee is set out on the Website and displayed to you in the course of you offering to place an Advertisement with us, through submitting it to Website. The Fee for all the services available on Website is non-refundable and is payable in Malaysian Ringgit. All Fees payable are stated exclusive of taxes which are payable at the relevant rate. Please note that Carstation reserve the right to vary the rates in respect of the Fee at any time.
Payment for Advertisements must be made via the following methods through the Website:
- Direct/Online Bank in to Carstation's nominated bank account. In this regard, you are required to email or fax Carstation a copy of the payment slip/receipt.
- Other payment gateways
No other payment method will be accepted. To process the payments Carstation may direct you to a dedicated third party service provider. Once there, you will enter into a contract for services with the third party service provider, who will take payment from you. Carstation is not responsible or liable for the third party service provider's services or contract with you. You should separately review and confirm that you are agreeable to the third party service provider's terms and conditions, prior to instructing them to pay Carstation on your behalf.
After you complete the payment process, you will be forwarded to a confirmation page on the Website that the payment instruction has been received, and your Advertisement will be listed under the appropriate category on the Website. In normal circumstances your Advertisement will appear on the Website within 24 hours after Carstation's receipt and clearance of your payment..
Changing Your Advert
You can make changes to your Advertisement on the Website provided that the Content continues to comply with this Agreement. In normal circumstances changes to your Advertisement will appear on the Website within 24 hours of you having processed the changes.
If the change to your Advertisement on the Website involves a change in the price band of the advertised price for the vehicle, part or accessory shown on the Advertisement that you previously submitted to Website then:
you will not be entitled to a refund of any part of the Fee, even if the new price would have resulted in a reduced Fee if the new price had been used in the original Advertisement; or
you may be charged an additional fee if the Fee for the original Advertisement would have resulted in an increased Fee if the new price had been used in the original Advertisement.
Removing Your Advertisement from the Website
You can remove your advertisement from the Website anytime. If you deactivate or cancel an Advertisement after the Fee has been paid you will not be eligible for a refund as when you submit an Advertisement you are instructing Carstation that you want the Advertisement to be published immediately. In normal circumstances your Advertisement will be removed from the Website within 24 hours of receipt of your instruction through the Website.
7. No Approval or Endorsement by Carstation
You acknowledge that Carstation does not approve, endorse or sponsor any Goods and Services in the Advertisements. You shall not make any representation that Carstation approves, endorses or sponsors any of the Goods and Services. You also understand that Carstation does not approve, endorse or sponsor any person or company used by you for creative, design or other services, even if the Advertiser was referred to such person or company by Carstation. Carstation expressly excludes Carstation’s liability for any loss or damage arising from the use of Website by any user in breach of this Agreement, whether Website is moderated, monitored or not. You acknowledge that Carstation may publish advertising of any other entity on the Website. Nothing in this Agreement shall be construed to mean or imply that you have the license to use Carstation’s trademark, service mark, logo or trade name.
Carstation may revise this Agreement at any time by amending the pages upon which they appear on Website, without giving notice of such modifications. Such modifications become effective immediately upon posting of the modified terms on Website. You agree to review the Agreement periodically, so that you are aware of any modifications. Your continued use of Website after any modifications indicates your acceptance of the modified Agreement.
If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.
Carstation shall not be liable to you for any breach of this Agreement or any failure to provide or delay in providing the services through the Website resulting from any event or circumstance beyond Carstation reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fires, explosions or accidents.
A failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.
This Agreement shall be governed by and in accordance with Malaysian law and subject to the exclusive jurisdiction of the Malaysian courts.
Carstation may assign or subcontract any or all of Carstation rights and obligations of in respect of the Agreement to a third party at any time. You may not, without Carstation's prior written consent, assign or dispose of any of your rights or obligations arising under this Agreement.
Except to the extent expressly varied or amended by the provisions of this Agreement, the terms and conditions of the Website Terms and Conditions shall remain in full force and effect. For the avoidance of doubt, in the event of any conflict or inconsistencies between the terms and conditions of the Website Terms and Conditions and this Agreement, the terms and conditions of this Agreement shall prevail.
Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute, or deemed to constitute, the parties a partnership, association, joint venture, the agents of each other or any other co-operative entity.
You acknowledge and agree that the Content, any questions, comments, suggestions, ideas, feedback and other information about the Website provided by you to Carstation are non-confidential and may be used by Carstation at Carstation's discretion.
Any correspondence relating to the Website, please email [email protected].