1. The Dealer Agreement ("Agreement")
As part of Carstation ("Carstation")'s services on www.carstation.com.my ("Website"), Carstation allows you ("Dealer", "You" or "your") to place advertisements for the sale of vehicles, parts and accessories ("Goods") 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 a Dealer 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 a Dealer or to place an Advertisement on the Website. Carstation reserves the right to close any Dealer account with or without notice if you are not above 18.
2. Accessing Carstation's Website
As a Dealer, you may write, create, upload, share, change or edit content as part of the Advertisement on the Website subject to the terms of this Agreement and the Website Terms and Conditions ("Content").
As a Dealer you may use the Website to submit Advertisements and the related Content to Carstation to be posted on the Website. 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 Content that you submit to the Website or uploaded using your account.
Carstation may refuse to publish any Content or to provide any services without prior notice to you for any reason whatsoever. Carstation has no obligation to monitor or moderate any user's activity or use of Website, including the Content on it. However Carstation retains the right at all times to monitor, retain and disclose any information on or use of the Website, for reasons including as may be necessary to satisfy any applicable law, regulation, legal process or regulatory authority request. 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.
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. Content publishing standards and your responsibilities
You are solely responsible for your Content. You understand that all information publicly posted or privately transmitted through Website is the sole responsibility of the person from which such Content originated and the relevant account holder. In this regard, you warrant that:
- your Content is accurate, true and complete (including where it states facts or contains photographs). You agree to review and verify the Content in respect of the Advertisements and ensure that there are no errors prescribed in the Advertisement;
- your Content does not deceive or mislead any person;
- your Content is genuinely held, and capable of verification (where it states an opinion); and
- your Content complies with applicable law and regulations.
As a Dealer you further warrant to Carstation that:
- you have the right to offer for sale the Goods that is submitted to the Website using your account, and that you will not offer for sale any Goods on behalf of an undisclosed third party;
- the Goods are of merchantability and fitness for purpose;
- the Goods and Advertisements comply with all applicable laws and regulations;
- if you include a photograph in the Advertisement, it is the exact photograph of the Goods 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 Content supplied by you.
Without limiting the foregoing, you agree that Carstation may review, edit, delete or require to be amended, any of your Content for reasons including where Carstation have determined that (i) there has been or may be a breach of this Agreement, (ii) your Content does or might infringe a third party right; (iii) your Content does or might bring Carstation's business into dispute or conflict, (iv) your 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 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.
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, 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.
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.
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]