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1. ACCEPTANCE OF TERMS
Welcome to Spareparts.com.my! Spareparts.com.my
provides its service to you, subject to the following Terms
of Service ("TOS"), which may be updated by us from
time to time without notice to you. You can review the most
current version of the TOS at any time at: http://www.spareparts.com.my/terms.cfm.
In addition, when using particular Spareparts.com.my services,
you and Spareparts.com.my shall be subject to any posted guidelines
or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. Spareparts.com.my also may offer
other services from time to time that may be governed by different
Terms of Services.
2. DESCRIPTION OF SERVICE
Spareparts.com.my currently and in the
future may provide users with access to a rich collection
of on-line resources, including, various information tools,
products & services search service, online forums, shopping
services, personalized content and branded programming through
its network of partners (the "Service"). Unless
explicitly stated otherwise, any new features that augments
or enhances the current Service, including the release of
new Spareparts.com.my properties, shall be subject to the
TOS. You understand and agree that the Service is provided
"AS-IS" and that Spareparts.com.my assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings.
In order to use the Service, you must obtain
access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated
with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including
a computer and modem or other access device. Please be aware
that Spareparts.com.my may contain links to areas on the World
Wide Web that may contain mature or suggestive content. You
must be at least 18 years of age to access and view such areas,
and must reside in an area where it is legal for you to do
so.
3. PRIVACY POLICY
Registration Data and certain other information
about you are subject to our Privacy Policy. For more information,
see our full privacy policy at http://www.spareparts.com.my/html/corp/privacy/index.html
4. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding online
conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission
of technical data exported from Malaysia or the country in
which you reside.
5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
Spareparts.com.my does not claim ownership
of Content you submit or make available for inclusion on the
Service. However, with respect to Content you submit or make
available for inclusion on publicly accessible areas of the
Service, you grant Sparepart.com.my the following world-wide,
royalty free and non-exclusive license(s), as applicable:
* With respect to Content you submit or
make available for inclusion on publicly accessible areas
of Spareparts.com.my, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purposes of providing
and promoting the specific part of the site to which such
Content was submitted or made available. This license exists
only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you
remove or Spareparts.com.my removes such Content from the
Service.
* With respect to photos, graphics, audio
or video you submit or make available for inclusion on publicly
accessible area of the Service including designated parts
of the Site, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content
on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only
for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or
Spareparts.com.my removes such Content from the Service.
* With respect to Content other than photos,
graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other
than designated areas of the Site, the perpetual, irrevocable
and fully sub-licensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now
known or later developed; must be authorized by the management
of Spareparts.com.my prior in displaying the content.
"Publicly accessible" areas of
the Service are those areas of the Spareparts.com.my network
of properties that are intended by Spareparts.com.my to be
available to the general public. By way of example, publicly
accessible areas of the Service would include Message that
is open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of the Site
that are limited to members, Spareparts.com services intended
for private communication such as Mail or Messenger services,
or areas off of the Spareparts.com.my network of properties
such as portions of World Wide Web sites that are accessible
but are not hosted or served by Spareparts.com.my.
6. INDEMNITY
You agree to indemnify and hold Cari Spareparts
Sdn Bhd, Spareparts.com.my and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable legal
fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service,
your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access
to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Spareparts.com.my
may establish general practices and limits concerning use
of the Service You agree that Spareparts.com.my has no responsibility
or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted
by the Service. You acknowledge that Spareparts.com.my reserves
the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that Spareparts.com.my
reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
9. MODIFICATIONS TO SERVICE
Spareparts.com.my reserves the right at
any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or
without notice. You agree that Spareparts.com.my shall not
be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10. TERMINATION
You agree that Spareparts.com.my, in its
sole discretion, may terminate your site (or any part thereof)
or use of the Service and remove and discard any Content within
the Service, for any reason, including, without limitation,
for lack of use or if Spareparts.com.my believes that you
have violated or acted inconsistently with the letter or spirit
of the TOS. Spareparts.com.my may also in its sole discretion
and at any time discontinue providing the Service, or any
part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge
and agree that Spareparts.com.my may immediately deactivate
or delete your account and all related information and files
in your account and/or bar any further access to such files
or the Service. Further, you agree that Spareparts.com.my
shall not be liable to you or any third-party for any termination
of your access to the Service.
11. ADVERTISEMENTS AND PROMOTIONS
Spareparts.com.my runs advertisements and
promotions on Spareparts.com.my features. By using Spareparts.com.my
features, you agree that Spareparts.com.my has the right to
run such advertisements and promotions. Your correspondence
or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser.
You agree that Spareparts.com.my shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service.
12. LINKS
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources.
Because Spareparts.com.my has no control over such sites and
resources, you acknowledge and agree that Spareparts.com.my
is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You
further acknowledge and agree that Spareparts.com.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 use of or reliance on any such Content, goods
or services available on or through any such site or resource.
13. SPAREPARTS.COM.MY PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service
("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Spareparts.com.my
or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
Spareparts.com.my grants you a personal,
non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not
to modify the Software in any manner or form, or to use modified
versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by Spareparts.com.my
for use in accessing the Service.
14.1 DISCALIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole
risk. The service is provided on an "as is" and
"as available" basis. Spareparts.com.my expressly
disclaims all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
b. Spareparts.com.my makes no warranty
that (i) the service will meet your requirements, (ii) the
service will be uninterrupted, timely, secure, or error-free,
(iii) the results that maybe obtained from the use of the
service will be accurate or reliable, (iv) the quality of
any products, services, information, or other material purchased
or obtained by you through the service will meet your expectations,
and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise
obtained through the use of the service is done at your own
discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that
results from the download of any such.
d. No advice or information, whether oral
or written, obtained by you from Spareparts.com.my or through
or from the service shall create any warranty not expressly
stated in the TOS.
14.2 DISCALIMER FOR USE OF FINDING DEALERS
AND WORKSHOPS
In using Spareparts.com.my to find a car
part or a workshop, you acknowledge that we are not acting
as your agent. It is your responsibility to select the appropriate
dealer or workshop as may be displayed on any page on our
website and to make such inquires or negotiates the terms
for any work performed as you may so desire. Spareparts.com.my
does not recommend nor endorse any specific car parts dealer
or workshop, or provide advice on which of them you should
select.
14.3 DISLAIMER FOR ADVICES AND TROUBLESHOOTING
TIPS
Car news and the different troubleshooting
features appearing on our website including e-mail correspondence
are solely intended to provide you with general information
about the possible causes of your car problems and the particular
car parts or types of maintenance services or types of repairs
your car may need. Spareparts.com.my is not intended as a
substitute for the diagnosis or advice of an experienced mechanic.
You should not use Spareparts.com.my to diagnose a car problem
without consulting a qualified car service and maintenance
provider or workshop. At the same time, you should consult
the owner's manual published by the manufacturer of your car.
Failure to follow the instructions as specified in the owner's
manual my effect your rights as stipulated under the manufacturer's
warranty.
15. LIMITATION OF LIABILITY
You expressly understand and agree that
Spareparts.com.my shall not be liable for any direct, indirect,
incidental, special, consequental or exemplary damages, including
but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if Spareparts.com.my
has been advised of the possibility of such damages), resulting
from: (i) the use or the inability
to use the service; (ii) the cost
of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or
obtained or messages received or transactions entered into
through or from the service; (iii)
unauthorized access to or alteration of your transmission
or data; (iv) statements or conduct of any third party on
the service; or (v) any other matter relating to the service.
16. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability
for incidental or consequental damages. Accordingly, some
of the above limitations of sections 14 and 15 may not apply
to you.
17. NOTICE
Notices to you may be made via email. The
Service may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to
you generally on the Service.
18. TRADEMARK INFORMATION
Spareparts.com.my, the Spareparts.com.my
logo, Spareparts.com.my in any language or characters including
English, Permission Marketing, trademarks and service marks,
and other Spareparts.com.my logos and product and service
names are trademarks of Spareparts.com.my (the "Spareparts.com.my
Marks"). Without Spareparts.com.my prior permission,
you agree not to display or use in any manner, the Spareparts.com.my
Marks.
19. COPYRIGHTS and COPYRIGHTS AGENTS
Spareparts.com.my respects the intellectual
property of others, and we ask our users to do the same. If
you believe that your work has been copied in a way that constitutes
copyright infringement, please provide to Spareparts.com.my
the following information:
1. an electronic or physical signature
of the person authorized to act on behalf of the owner of
the copyright interest;
2. a description of the copyrighted work
that you claim has been infringed;
3. a description of where the material
that you claim is infringing is located on the site;
4. your address, telephone number, and
email address;
5. a statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law;
6. a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
Spareparts.com.my representative for Notice of claims of copyright
infringement on its site is The Webmaster who can be reached
as follows:
The Web Master
Malaysia
E-mail: webmaster@spareparts.com.my
20. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and Spareparts.com.my and govern your use of the
Service, superceding any prior agreements between you and
Spareparts.com.my. You also may be subject to additional terms
and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the
relationship between you and Spareparts.com.my shall be governed
by the laws of Malaysia without regard to its conflict of
law provisions. You and Spareparts.com agree to submit to
the personal and exclusive jurisdiction of the courts located
within Malaysia. The failure of Spareparts.com.my to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS
to our Web Master.
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