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   TERMS OF SERVICE

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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