MyTukar Service

We are in the business of operating one-stop centers where you can:

• (a) sell Your Used Vehicle to us or our Partner Buyers; and/ or
• (b) purchase Your New Vehicle from us or our Partner Dealers, book and arrange for test-drives, apply for financing and insurance for your purchase of Your New Vehicle via our Partner Financiers and Partner Insurers, which is made available to you partly or wholly via the Platform.

This MYT Services T&C sets out the terms and conditions which govern our MYT Services. MYT Services T&C comprises of:

1. Part A : T&C governing your personal data;
2. Part B1 : T&C governing your sale of Your Used Vehicle to us
3. Part B2 : T&C governing your sale of Your Used Vehicle to our Partner Buyers;
4. Part B3 : General T&C governing your sale of Your Used Vehicle;
5. Part C1 : T&C governing your purchase of Your New Vehicle from our Partner Dealers, test drives and your application for financing and insurance with our Partner Financiers and Partner Insurers and your benefits / rebates;
6. Part C2 : T&C governing your purchase of Your New Vehicle from us, test drives, your application for financing and insurance with our Partner Financiers and Partner Insurers and 5-day Test to Own;
7. Part C3 : General T&C governing your purchase of Your New Vehicle;
8. Part D : General T&C and Definitions.

Please read these MYT Services T&C carefully as they affect your rights and liabilities in opting for MYT Services and indicate your unequivocal acceptance of the same by selecting the applicable Parts of these MYT Services T&C. These MYT Services T&C shall be read together with all other documents presented to and/or executed by you.

PART A : YOUR PERSONAL DATA

YOUR PERSONAL DATA

You agree to comply with all data protection provisions including, without limitation, the Personal Data Protection Act 2010, its subsidiary legislation and any other applicable legislation relating to data protection and in this respect, you consent to the processing of your personal data (as defined in the Personal Data Protection Act 2010) by us in accordance with the provisions of the Personal Data Protection Notice https://mytukar.com/privacy-policy and for such purposes as may be necessary for the provision of MYT Services or as may be stipulated in this MYT Services T&C and the Personal Data Protection Notice. We shall have the right to modify, update and amend the Personal Data Protection Notice at any time without prior notice. It shall be your responsibility to monitor for such modification, updates and amendments. Your use and continued use of the MYT Services following the modification, updates and amendments will constitute your unequivocal acceptance to the same.

CREDIT CHECKS

You authorize and give us full consent to conduct credit and/ or other checks on you and/ or Your Used Vehicle as 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.

PART B : SELLING YOUR USED VEHICLE

You may opt to sell Your Used Vehicle to:

(a) Us; or
(b) One of our Partner Buyers via a bidding system on our Platform.

PART B1 : SELLING YOUR USED VEHICLE TO US

1. In-House Inspection and Mobile Inspection

You may opt to have us conduct a physical inspection of Your Used Vehicle, collect details and photographs of Your Used Vehicle and the Transaction Documents at:

1.1. any one of our RX-2 during our operating hours; or
1.2. subject always to our availability and your prior appointment with our dedicated staff, at your selected location in Malaysia.

You agree that the inspection(s) of Your Used Vehicle are prepared from visual and external checks of Your Used Vehicle only and are limited to the parts and/or items identified on the inspection report. We shall not be held liable and are not responsible for any latent defects which are later discovered.

To the fullest extent permitted by law, we do not provide any implied or express warranty regarding the nature, reliability, accuracy or completeness of any information contained in the inspection report or the fitness of the information contained in the inspection report for any purpose intended. Notwithstanding the result of the inspection(s), we shall not guarantee that Your Used Vehicle inspected would pass a road authority inspection.

We shall not be obliged to check for any manufacturer recall notices and the obligation is on you to check that Your Used Vehicle is not subject to a recall notice.

We shall also not be responsible for verifying the accuracy of the vehicle mileage as indicated by Your Used Vehicle’s odometer.

2. Offer

Upon having conducted the inspection and our satisfaction of the condition of Your Used Vehicle, we shall make available to you an Offer with an Offer Price.

3. Acceptance

Our Offer shall remain valid for 3 days from the date of the Offer for your acceptance, failing which you shall be deemed to have rejected our Offer.

4. Payment of Offer Price

Upon your Acceptance, we shall make payment of the Offer Price:

4.1. In the event you are NOT purchasing a vehicle from us or the Partner Dealers, in accordance with this Part B1; or

4.2. In the event you are purchasing Your New Vehicle from us or the Partner Dealers, the Offer Price shall be set-off against any Deposit required for Your New Vehicle and:

4.2.1. in the event that there remains any Offer Price after setting-off the Deposit required, such remaining part of the Offer Price shall be released to you in accordance with Part B1; or

4.2.2. in the event that the Offer Price is insufficient for setting-off the Deposit required, you shall pay the outstanding Deposit in accordance with Part C of these MYT Services T&C.

5. Delivery and Completion of Sale

5.1. Subject always to our availability and prior appointment with our dedicated staff, you shall arrange for delivery of Your Used Vehicle to us within 5 days of your Acceptance at one of our RX-2 or we shall arrange for collection at an agreed location in Malaysia between our dedicated staff and you.

5.2. Your Used Vehicle shall be subject to a further inspection to verify the conditions of Your Used Vehicle since the first inspection.

5.3. In the event we are satisfied with the condition of Your Used Vehicle and:

5.3.1. Your Used Vehicle is subject to any facility / hire purchase with a third party (including a financial institution), we shall be entitled to arrange for the settlement of the Outstanding Amount and procure supporting or written document for purpose of evidencing the same. Such amount settled shall be set-off against the Acceptance Price.

(a) In the event there remains any part of the Offer Price after setting-off the Outstanding Amount (and the Deposit in accordance with Item 4.2 Part B1 above, if applicable), we shall remit the same to you within 24 hours of your delivery of physical possession of Your Used Vehicle and the Transaction Documents to us. You shall be obliged to deliver to us all Transaction Documents.

(b) In the event the Offer Price is insufficient to set-off against the Outstanding Amount, you shall first settle such difference before we shall remit the Offer Price to the relevant financial institution. Thereafter you shall immediately deliver to us the Transaction Documents and physical possession of Your Used Vehicle.

5.3.2. 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 remit the Offer Price to you within 24 hours upon our receipt of all the Transaction Documents and Your Used Vehicle.

5.3.3. In the event we are not satisfied with the condition of Your Used Vehicle (which may arise due to factors including that Your Used Vehicle 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 since the first inspection), we shall be entitled to:

(a) terminate the Offer and your Acceptance with immediate effect and neither party shall have any liability towards each other whatsoever save for antecedent breaches; or

(b) terminatetheexistingOfferandAcceptancewithimmediateeffectandneitherpartyshallhave any liability towards each other whatsoever save for antecedent breaches and make a fresh Offer upon which these MYT Services T&C shall apply to such fresh Offer.

PART B2 : SELLING YOUR USED VEHICLE TO OUR PARTNER BUYERS

1. Relationship

1.1. We will facilitate the sale between you and our Partner Buyers via our Platform. Your Used Vehicle offered for sale on the Platform is offered for sale by you as the seller, and not by us and is purchased by a Partner Buyer, and not us. We will promote and market your vehicle to our Partner Buyer in an attempt to get you the best selling price. You are free to continue to use Your Used Vehicle unless or until a successful bid is accepted by you.

1.2. For the avoidance of doubt, we do not guarantee that Your Used Vehicle entering into a Bidding Event will result in it being sold at your desired selling price nor can we guarantee the length of time that will take for Your Used Vehicle to be sold.

1.3. You agree to appoint us (and any other individual, employees, officers, sub-contractors and/or agents as we may duly appoint as our representatives) to act as your facilitator for the sale of Your Used Vehicle.

1.4. You irrevocably agree and undertake that you will not collude with any Partner Buyers or purchaser to complete a transaction independently and separately in order to circumvent such Partner Buyer’s or purchaser’s obligation to pay any fee to us and that you are obliged to report to us in a timely manner should any attempt to do so are made known to you, failing which we reserve the right to bar you from engaging MYT Services whether at present or in the future.

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

We provide the following services upon request:

2.1. Representing you as a facilitator for the sale of Your Used Vehicle;

2.2. Conducting a preliminary physical inspection on Your Used Vehicle and collecting details and photographs of the Vehicle and the Transaction Documents at:

2.2.1. any one of our RX-2 during our operating hours; or

2.2.2. subject always to our availability and your prior appointment with our dedicated staff, at your selected location in Malaysia;

2.3. Advising you on the recommended listing or sale price of Your Used Vehicle;

2.4. Attending to the listing of Your Used Vehicle on the Platform, and communicating the details of Your Used Vehicle to our Partner Buyers;

2.5. Conducting a Bidding Event in an attempt to obtain a competitive offer price for Your Used Vehicle;

2.6. Communicating to you the bid price; and

2.7. Facilitate the ownership transfer process of Your Used Vehicle (in which case you shall undertake to do everything necessary to procure the transfer of Your Used Vehicle’s ownership) and remit payment to you upon our receipt of the purchase price (being the final bid price accepted by you) from the Partner Buyers or purchaser AND your delivery of physical possession of Your Used Vehicle and the Transaction Documents to us.

Subject always to the completion of the sale and purchase of Your Used Vehicle and in consideration of the Bidding Related Services above, we shall be entitled to charge a service fee made known to you prior to the provision of the Bidding Related Services.

3. Bidding of Your Used Vehicle & Acceptance

3.1. Your Used Vehicle may be listed on the Platform for the Bidding Event for the prevailing duration of a Bidding Event and the starting bid price for Your Used Vehicle shall be an amount set by you and approved by us prior to the Bidding Event.

3.2. You shall indicate your Acceptance of any bid within 24 hours (or such other period as we may determine at our discretion) after the closing of the Bidding Event failing which, you shall be deemed to have rejected all bids. Upon your Acceptance of any bid, you shall be obliged to sell Your Used Vehicle to the relevant bidder.

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

4. Payment of Acceptance Price

Upon your Acceptance, we shall procure payment of the Acceptance Price:

4.1. In the event you are NOT purchasing a vehicle from us or the Partner Dealers, in accordance with Item 5 Part B2 below; or

4.2. In the event you are purchasing Your New Vehicle from us or the Partner Dealers, the Acceptance Price shall be set-off against any Deposit required for Your New Vehicle and:

4.2.1. in the event that there remains any Acceptance Price after setting-off the Deposit required, such remaining part of the Acceptance Price shall be released to you in accordance to Item 5 Part B2 below; or

4.2.2. in the event that the Acceptance Price is insufficient for setting-off the Deposit required, you shall pay the outstanding Deposit in accordance to Part C of these MYT Services T&C.

5. Delivery and Completion of Sale

5.1. Subject always to our availability and prior appointment with our dedicated staff, you shall arrange for delivery of Your Used Vehicle to us within 5 days of your Acceptance at one of our RX-2 or we shall arrange for collection at an agreed location in Malaysia between our dedicated staff and you.

5.2. Your Used Vehicle shall be subject to a further inspection to verify the conditions of Your Used Vehicle since the first inspection.

5.3. In the event we are satisfied with the condition of Your Used Vehicle and:

5.3.1. Your Used Vehicle is subject to any facility / hire purchase with a third party (including a financial institution), we shall be entitled to arrange for the settlement of the Outstanding Amount and procure supporting or written document for purpose of evidencing the same. Such amount settled shall be set-off against the Acceptance Price.

(a) In the event there remains any part of the Acceptance Price after setting-off the Outstanding Amount (and the Deposit in accordance with Item 4.2 Part B2 above, if applicable), we shall arrange for it to be remitted to you (less any agreed applicable service fee) within 24 hours of your delivery of physical possession of Your Used Vehicle and the Transaction Documents to us provided always that the full purchase price has been received by us from the Partner Buyers or purchaser.

(b) In the event the Acceptance Price is insufficient to set-off against the Outstanding Amount, you shall first settle such difference before we arrange for the remittance of the Acceptance Price to the relevant third party (including a financial institution). Thereafter you shall immediately deliver to us the Transaction Documents and physical possession of Your Used Vehicle.

5.3.2. 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 us provided always that the full purchase price has been received by us from the Partner Buyers or purchaser.

5.3.3. In the event we are 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 Partner Buyer, 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 MYT Services T&C shall apply to such fresh offer.

6. Such other terms listed in Part B3

PART B3 : GENERAL TERMS ON SELLING YOUR VEHICLE

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

In the event that due to any reason whatsoever, we / Partner Buyers have 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 us has yet to take effect, you acknowledge and agree that:

1.1. Ownership of Your Used Vehicle rests with us / Partner Buyers and that you are holding Your Used Vehicle on trust for us / Partner Buyer;

1.2. Until such time that we have taken physical possession and ownership of Your Used Vehicle, you shall not use Your Used Vehicle any further save and except to procure delivery of physical possession to us and shall not deal with Your Used Vehicle any further save and except to procure transfer of ownership to us / Partner Buyer; and

1.3. In the event that the condition of Your Used Vehicle shall change or be altered in any manner whatsoever since our last inspection, we / Partner Buyer shall be entitled to terminate the transaction with no further liability towards you and shall be entitled to recover from you all such sums paid towards the purchase of Your Used Vehicle from you.

2. Your Warranties

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

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 MYT Services T&C or sale of Your Used Vehicle will not breach any provision and/or covenant with any third party;

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;

2.1.3. Your Used Vehicle is not stolen good or obtained fraudulently or has been used in any illegal activities or involved in any crime or installed with any illegal parts/accessories thereon;

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

2.1.5. Your Used Vehicle has not undergone any replacement of engine and/ or modification without endorsement from the appropriate authorities and in contravention of any applicable laws and regulations;

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 / Partner Buyers and/ or purchaser;

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

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

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;

2.1.10. the condition of Your Used Vehicle on the date we receive or take physical possession of the vehicle is substantially the same as the condition of Your Used Vehicle during the inspection of the Vehicle and/or as at the publication of the inspection report;

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

2.1.12. Should Your Used Vehicle be subject to any outstanding facility / hire purchase amount with a third party (including a financial institution), whether presently or previously, you shall procure or cause to be procured that the e-batal slip be furnished to the relevant authorities;

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

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

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 (kereta potong)“ 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.

2.1.16 Should you wish to retain your Used Vehicles’ number plate (“Interchange“), you shall promptly and without delay promptly do all acts and execute all documents whenever requested by MyTukar and the relevant authorities to give effect to the Interchange.

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 notwithstanding 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 MYT Services T&C 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.

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 Partner Buyers 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 Partner Buyers 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.

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 MYT Services.

3. Non-Registration

3.1. In the event the legal ownership of Your Used Vehicle cannot be transferred for whatsoever reason, we shall forthwith notify you and provide supporting documents reflecting the same, and whereupon we shall be entitled:

3.1.1. To demand you to refund to us / Partner Buyers the full purchase price remitted by us / Partner Buyers to you and/ or such third party for the purpose of purchasing Your Used Vehicle; and

3.1.2. 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 / Partner Buyers pursuant to the above.

4. Other Services

If you require an employee/representative/agent of ours to drive Your Used Vehicle as part of the provision of our MYT 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 MYT Services.

PART C : BUYING YOUR NEW VEHICLE

You may opt to buy Your New Vehicle from:

(a) One of our Partner Dealers;
or
(b) Us via our Platform.

To facilitate the above, you may opt to:

(a) Apply for financing of the purchase via one of our Partner Financiers; and/or
(b) Apply and purchase vehicle insurance via Partner Insurers.

PART C1 : BUYING YOUR NEW VEHICLE FROM OUR PARTNER DEALERS

1. Relationship

1.1. We will facilitate the purchase between you and our Partner Dealers. Your New Vehicle is offered for sale by the Partner Dealers, and not by us and is purchased by you, and not by us. We will identify to you the appropriate Partners Dealer in an attempt to get you a competitive purchase price for Your New Vehicle.

1.2. You agree to appoint us (and any other individual, employees, officers, sub-contractors and/or agents as we may duly appoint as our representatives) to act as your facilitator for the purchase of Your New Vehicle.

1.3. You irrevocably agree and undertake that you will not collude with any Partner Dealers or seller to complete a transaction independently and separately in order to circumvent such Partner Dealer’s or seller’s obligation to pay any fee to us and that you are obliged to report to us in a timely manner should any attempt to do so are made known to you, failing which we reserve the right to bar you from engaging MYT Services whether at present or in the future.

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

We provide the following services upon request:

2.1. Representing you as a facilitator for the purchase of Your New Vehicle;

2.2. Liaising with the Partner Dealers for and on your behalf for the purchase of Your New Vehicle;

2.3. Facilitate the ownership transfer process of Your New Vehicle (in which case you shall undertake to do everything necessary to procure the transfer of Your New Vehicle); and

2.4. Arranging for your test drive and the delivery of Your New Vehicle to you.

Subject always to the completion of the sale and purchase of Your New Vehicle and in consideration of the Purchase Related Services above, we shall be entitled to charge a service fee made known to you prior to the provision of the Purchase Related Services.

3. Test Drive

3.1. We will assist to liaise with and arrange with the Partner Dealers for your test drive of vehicles.

3.2. Any test drive of vehicles from our Partner Dealers shall be subject to the terms and conditions imposed by the Partner Dealers which would be made available to you upon your request but in any event, no later than immediately prior to the scheduled test drive.

4. Offer to Purchase Your New Vehicle and Booking Fee

4.1. You shall indicate your Offer to Purchase your preferred vehicle to us by submitting the requisite information as we may require from time to time (which may include a copy of your Malaysian Identification Card / Passport). By placing an Offer to Purchase, you represent and warrant that you have been provided with all necessary information and is satisfied with the conditions and all relevant representations and warranties pertaining to Your New Vehicle from the Partner Dealers.

4.2. Upon our receipt of your Offer to Purchase, we shall procure that a written statement complying with Part I & II Second Schedule Hire-Purchase Act 1967 / sales order detailing among others, particulars relating to your financial obligations pursuant to the Offer to Purchase be provided to you.

4.3. You shall thereafter make payment of the Booking Fee indicated to you.

4.4. Only upon our receipt of the Booking Fee for Your New Vehicle and our issuance to you of a receipt as an acknowledgement of receipt on behalf of the Partner Dealers of the Booking Fee shall the Partner Dealer be deemed to have accepted your Offer to Purchase.

4.5. The Offer to Purchase is not transferable.

5. Cancellation of Offer to Purchase

5.1. You are entitled to cancel your Offer to Purchase at any time:

5.1.1. In the event you are purchasing Your New Vehicle by cash, prior to payment of the Deposit and purchase of vehicle insurance; or

5.1.2. In the event you are purchasing Your New Vehicle by way of financing, prior to your acceptance of any financing and vehicle insurance for Your New Vehicle.

5.2. Upon our receipt of your written cancellation, we shall refund to you no less than ninety percent (90%) of your Booking Fee.

6. Application for financing and insurance (if any)

6.1. After having received from you an Offer to Purchase, we shall direct you to our Partner Financiers and Partner Insurers.

6.2. You authorize us to provide information relating to you (including your personal data) to our Partner Financiers and Partner Insurers for the purpose of our Partner Financiers and Partner Insurers offering you a financing facility for the purchase of Your New Vehicle and Your New Vehicle insurance.

6.3. Your eligibility for such financing and vehicle insurance is subject to the terms and conditions imposed by our Partner Financiers and Partner Insurers which would be made available to you from time to time.

6.4. In the event you are selling Your Used Vehicle to us or our Partner Buyers in accordance with Part B simultaneously with the purchase of Your New Vehicle, you shall be obliged to deliver physical possession and the Transaction Documents of Your Used Vehicle to us prior to your acceptance of any approved financing and insurance.

7. Payment of Deposit

7.1. The Deposit shall be paid to us within 5 days (unless notified otherwise of a longer or shorter period) of:

7.1.1. The Booking Fee being paid, in the event you are purchasing Your New Vehicle by cash; or

7.1.2. the execution of your facility agreement (hire purchase facility or such other facility opted by you), in the event you are purchasing Your New Vehicle by financing but in any event shall not be later than 30 days from the payment of the Booking Fee.

8. Delivery and Completion of Purchase

8.1. Upon our receipt of the Deposit, the Balance Purchase Price and such other service fee payable (if any), we shall on the Delivery Date, ensure that:

8.1.1. we deliver to you Your New Vehicle;

8.1.2. we execute or provide you with all the transfer documents relating to transfer of ownership of Your New Vehicle in your favour;

8.1.3. the ownership of Your New Vehicle is duly registered unto your name; and

8.1.4. we deliver to you or your financier, the car grant or the Vehicle Ownership Certificate of Your New Vehicle.

8.2. At your choice, physical possession of Your New Vehicle shall be delivered to you at:

8.2.1. one of our RX-2; or

8.2.2. your selected location in Malaysia provided always that we shall be entitled to charge a service fee in the event your selected location is outside our Delivery Area. The applicable service fee shall be notified to you prior to the delivery and shall be paid to us before we deliver Your New Vehicle to you.

8.3. You shall sign-off a Delivery Order upon acceptance of physical possession of Your New Vehicle which shall indicate amongst others, the mileage of Your New Vehicle. You acknowledge that the risk of damage to or loss of Your New Vehicle shall pass or be transferred to you upon the signing off of the Delivery Order.

8.4. You shall not be entitled to withdraw, decline or refuse to proceed with the purchase of Your New Vehicle after payment of the Deposit for whatsoever reasons save for and except that, if:-

8.4.1. on the Delivery Date, the physical condition of Your New Vehicle is not substantially similar with the Report published on the Platform, you shall immediately notify us of the same within the 5-Day Period whereupon we may offer a Price Adjustment. You acknowledge that in the event you fail to immediately notify us of the same within the 5-Day Period, you shall be deemed to have accepted the same and you shall not make any demands and/or claims against us; and

8.4.2. in the event that you are not agreeable with the Price Adjustment, you are entitled to cancel the purchase of Your New Vehicle and upon such cancellation, neither parties shall have any claims against each other save for antecedent breaches.

9. Refund of Rebate

9.1. In the event you are entitled to any rebate and thereafter you rescind or terminate your purchase of Your New Vehicle from the Partner Dealers for any reason whatsoever, you shall refund the rebate received within 5 days from the rescission or termination or in the event the rebate was set-off against a sum due and owing by you to us, you shall within 5 days from the rescission or termination, pay us the rebate amount.

10. Such other terms listed in Part C3

PART C2 : BUYING YOUR NEW VEHICLE FROM US

1. Test Drive

Any test drive of our vehicles shall be subject to these terms and conditions and any additional terms and conditions that is imposed by our respective RX-2 outlets which is made known to you prior to the test drive.

1.1. Qualification: Test drive is subject to you satisfying our eligibility criteria determined from time to time (which includes that you must hold a valid Malaysia drivers’ license appropriate to the vehicle to be test driven and a Malaysian identity card or passport, whichever is applicable). You represent and warrant that you have the necessary licenses and is fit and proper to conduct the test drive.

1.2. Availability: Test drive is subject to availability of the vehicle and our schedule. Notwithstanding this, we reserve the right to withdraw the test drive without prior notice, for whatever reason, and without any liability to you for doing so.

1.3. Test Drive: You may test drive the vehicle for no more than one (1) continuous hour from the time the vehicle is delivered to you. All test drive shall be accompanied by our dedicated staff and subject to a limitation of 3km radius from the collection / delivery point. The starting point and ending point of the Test Drive shall be the same location unless agreed otherwise by us. You may only use the test drive for evaluation of the vehicle only. You will be responsible for all toll fees or parking fees or any summons or fines arising from the Test Drive. In relation to toll fees, parking fees, summons and/or fines, we reserve the right to pay first and recover the same from you.

1.4. Risk: Any loss or damage to the vehicle as well as any injury or death to our dedicated staff, any third party using it or to any person as a consequence of your test drive (including risks, dangers, hazards and/or damages arising out of minor fender bender, collision with non-moving objects or major accidents) due to your negligence, omission or inaction, shall be at your sole risk and your undertake to make good such loss or damage or injury at your own cost and expense.

1.5. Ownership: Title to the vehicle shall remain with us at all times and you shall not, without our prior written consent, offer to sell, assign, lease, mortgage, charge, encumber or part with possession or otherwise deal with the vehicle nor create or allow any lien over the vehicle.

1.6. Condition:The vehicle should be returned to us in the same condition as when the vehicle was collected by or delivered to you save for fair and reasonable use of fuel. No changes may be made to the vehicle (including any repair) and no accessories and parts are to be removed.

1.7. Your Undertaking: During the test drive, you will comply with all related road traffic acts or such other applicable legislations. You authorize us to provide information relating to you (including your personal data) in response to any request by the police or any other relevant authorities for purposes or reasons relating to your test drive.

1.8. Termination of Test Drive or post Test Drive: In the event of any non-compliance of the terms herein or any applicable laws and regulations or any misconduct by you, we shall be entitled to terminate the test drive immediately and/or take such other actions as we deem proportionate to the breach or the misconduct including barring you from future test drive with us.

2. Offer to Purchase Your New Vehicle and Booking Fee

2.1. You shall indicate your Offer to Purchase by selecting Your New Vehicle via our Platform and submitting the requisite information indicated on the Platform (which may include a copy of your Malaysian Identification Card / Passport). By placing an Offer to Purchase, you represent and warrant that you have read and understood and accepted the Report published on the Platform accompanying Your New Vehicle and that your Offer to Purchase is based on the condition of Your New Vehicle as stated in the Report.

2.2. Upon our receipt of your Offer to Purchase, we shall provide you with a written statement complying with Part I & II Second Schedule Hire-Purchase Act 1967 / sales order detailing among others, particulars relating to your financial obligations pursuant to the Offer to Purchase, which may include the charges applicable under Item 5.2.1 Part C2 below.

2.3. You shall thereafter make payment of the Booking Fee indicated on the Platform. Payment methods of the Deposit and Balance Purchase Price shall be as stipulated on our Platform from time to time.

2.4. Only upon our receipt of the Booking Fee for Your New Vehicle and our issuance to you of a receipt as an acknowledgement of receipt of the Booking Fee shall we be deemed to have accepted your Offer to Purchase.

2.5. The Offer to Purchase is not transferable.

3. Cancellation of Offer to Purchase

3.1. You are entitled to cancel your Offer to Purchase at any time:

3.1.1. In the event you are purchasing Your New Vehicle by cash, prior to payment of the Deposit and purchase of vehicle insurance; or

3.1.2. In the event you are purchasing Your New Vehicle by way of financing, prior to your acceptance of any financing and vehicle insurance for Your New Vehicle.

3.2. Upon our receipt of your written cancellation, we shall refund to you no less than ninety percent (90%) of your Booking Fee.

4. Application for financing and insurance (if any)

4.1. After having received from you an Offer to Purchase, we shall direct you to our Partner Financiers and Partner Insurers.

4.2. You authorize us to provide information relating to you (including your personal data) to our Partner Financiers and Partner Insurers for the purpose of our Partner Financiers and Partner Insurers offering you a financing facility for the purchase of Your New Vehicle and Your New Vehicle insurance.

4.3. Your eligibility for such financing and vehicle insurance is subject to the terms and conditions imposed by our Partner Financiers and Partner Insurers which would be made available to you from time to time.

4.4. In the event you are selling Your Used Vehicle to us or our Partner Buyers in accordance with Part B simultaneously with the purchase of Your New Vehicle, you shall be obliged to deliver physical possession and all Transaction Documents of Your Used Vehicle to us prior to your acceptance of any approved financing and insurance.

5. Customizations of Your New Vehicle (if any)

5.1. In the event you request for Customizations and subject to our approval, we shall provide you with a description of the customizations and our Customizations Price including our charges in the event Item 5.2.1 Part C1 below is applicable.

5.2. You shall be entitled to opt for the Customizations to be carried out:

5.2.1. Prior to delivery of Your New Vehicle to you and include such Customizations Price as part of the application for financing provided always that in the event you opt to return Your New Vehicle pursuant to the 5-Day Test to Own, we shall be entitled to charge you for the Customizations; or

5.2.2. After the expiry of the 5-Day Period at any one of our RX-3, the Customizations Price shall be paid at RX-3 prior to the Customizations being carried out.

6. Payment of Deposit

6.1. The Deposit shall be paid to us within 5 days (unless notified otherwise of a longer or shorter period) of:

6.1.1. The Booking Fee being paid, in the event you are purchasing Your New Vehicle by cash; or

6.1.2. The approval of your facility (hire purchase agreement or such other facility opted by you), in the event you are purchasing Your New Vehicle by financing but in any event shall not be later than 30 days from the payment of the Booking Fee.

7. 10 Days Booking Policy

7.1. Upon disbursement of the Booking Fee of 1% of the Offer Price from you to us, we shall reserve your preferred vehicle for Ten (10) days only.

7.2. In the event you are desirous of applying for financing with regard to the purchase of the preferred vehicle, you are advised to utilize the first Five (5) days to secure the said financing and execute the facility/financing agreement, and the remaining five (5) days to pay the Deposit of the preferred vehicle.

7.3. If you are unable to secure financing (if applicable) and pay the Deposit within the first Ten (10) days upon paying the Booking Fee, we shall have the right but not obligation to retract the offer and make your preferred vehicle available to another potential buyer.

7.4. If the initial offer is retracted due to the delay of financing and/or payment of the Deposit, we may but are not obligated to source for the next best option available for you. You shall not be obligated to accept the revised offer.

7.5. If you refuse the revised offer, we shall fully refund the Booking Fee to you.

8. Delivery and Completion of Purchase

8.1. Upon our receipt of the Deposit, the Balance Purchase Price and such other service fee payable (if any), we shall on the Delivery Date, ensure that:

8.1.1. we deliver to you Your New Vehicle;

8.1.2. we execute or provide you with all the transfer documents relating to transfer of ownership of Your New Vehicle in your favour;

8.1.3. the ownership of Your New Vehicle is duly registered unto your name; and

8.1.4. we deliver to you or your financier, the car grant or the Vehicle Ownership Card of Your New Vehicle.

8.2. At your choice, physical possession of Your New Vehicle shall be delivered to you at:

8.2.1. one of our RX-2; or

8.2.2. your selected location in Malaysia provided always that we shall be entitled to charge a service fee in the event your selected location is outside our Delivery Area. The applicable service fee shall be notified to you prior to the delivery and shall be paid to us before we deliver Your New Vehicle to you.

8.3. You shall sign-off a Delivery Order upon acceptance of physical possession of Your New Vehicle which shall indicate amongst others, the mileage of Your New Vehicle. You acknowledge that the risk of damage to or loss of Your New Vehicle shall pass or be transferred to you upon the signing off of the Delivery Order.

8.4. For avoidance of doubt, you shall not be entitled to withdraw, decline or refuse to proceed with the purchase of Your New Vehicle after payment of the Deposit for whatsoever reasons save for and except that, if:-

8.4.1. on the Delivery Date, the physical condition of Your New Vehicle is not substantially similar with the Report published on the Platform, you shall immediately notify us of the same within the 5-Day Period whereupon we may offer Price Adjustment. You acknowledge that in the event you fail to immediately notify us of the same within the 5-Day Period, you shall be deemed to have accepted the same and you shall not make any demands and/or claims against us; and

8.4.2. in the event that you are not agreeable with the Price Adjustment, you are entitled to cancel the purchase of Your New Vehicle and upon such cancellation, you shall have no claims against us.

8.5. You shall undertake to carry out the necessary due diligence processes and procedures in order to determine whether Your New Vehicle is classified as beyond economic repair (“BER“) within three (3) business days upon receipt of Your New Vehicle from us and thereafter immediately inform us of the same within one (1) business day from the date of discovery of Your New Vehicle’s BER status, failing which you shall be deemed to have waived your rights in relation to any claim it might have against us with respect to any action involving Your New Vehicle’s BER status.

9. 5-days Test to Own & Return of Your New Vehicle

9.1. Within the 5-day Period, you shall be entitled to change your mind and sell back Your New Vehicle to us provided always that:

9.1.1. You notify us of your decision no later than the last business day prior to the expiry of the 5- day Period and Your New Vehicle is delivered to us prior to the expiry of our business hours on the 5th day. For avoidance of doubt, the 5-day Period shall expire at our closing business hours on the 5th day;

9.1.2. Your New Vehicle was not driven for more than 300km (calculated from the date of delivery);

9.1.3. There is no damage or destruction to the vehicle (fair wear and tear excepted), there has not been any illegal installations or any tampering to the vehicle, has not been declared total loss or “cut and join”, has not been involved in any minor or major accident or flood or fire or frame and remains roadworthy;

9.1.4. Upon delivery to you, Your New Vehicle is free from any traffic summons, fines. penalties or outstanding parking fees and have not been blacklisted;

9.1.5. You have not sold, encumbered or granted any right or interest whatsoever over Your New Vehicle to any third party;

9.1.6. The petrol tank shall contain substantially the same amount of petrol as that when Your New Vehicle was delivered to you.

9.2. For avoidance of doubt, we shall not be liable for any costs incurred by you during the 5-day Period including customizations, upgrades, repair or washing of the vehicle.

9.3. Upon our receipt of your notification pursuant to Item 9.1.1 of Part C2 above, you shall ensure that the vehicle is available for inspection at any one of our RX-2 within the next 2 days. In the event we are satisfied that the conditions in Item 9.1 of Part C2 are met:

9.3.1. We shall immediately take possession of Your New Vehicle;

9.3.2. You shall immediately execute all necessary documents for the transfer of ownership of Your New Vehicle to us;

9.3.3. You shall immediately notify your Partner Financiers and Partner Insurers of your decision; and

9.3.4. Subject always to the successful transfer of ownership of Your New Vehicle to us and deduction of all costs, fees, charges and expenses charged by third parties including the Partner Financiers, Partner Insurers and the relevant authorities, we shall refund to you all sums paid by you to us for the purchase of Your New Vehicle within 7 days after we received all Transaction documents and physical possession of Your New Vehicle.

10. Warranty

10.1 In the event Your New Vehicle possesses a valid warranty provided by its original manufacturer, the one-year extended warranty shall commence upon the expiry of the former warranty. You acknowledge that you agree to the terms and conditions of the extended warranty.

10.2. You shall surrender Your New Vehicle at any one of our RX-2 for an inspection, at least 6 months prior to the expiration of its original manufacturer’s warranty, in order to render Your New Vehicle eligible for the extended warranty.

10.3. For any avoidance of doubt, in the event you request us for an inspection in order to acquire the extended warranty for Your New Vehicle once 6 months prior to the expiration of its original manufacturer’s warranty has lapsed, such request shall be considered invalid.

11. MYT After Sales Service

11.1. Our after-sales service shall exclusively be available at our RX-3 centre.

Vehicle Service

11.1.1 It is compulsory to book an appointment in advance prior to surrendering your New Vehicle for our after-sales service at our RX-3 centre.

11.1.2. You may make the necessary payments either in one lump sum cash payment, by online transfer, by bank draft or by cheque. For the avoidance of doubt, in the event you use cheque or banker’s draft as the payment method, you shall only be able to claim possession of Your New Vehicle upon the cheque’s or banker’s draft’s clearance.

11.1.3. the Customer may make the necessary payments either in one lump sum cash payment, by online transfer, by bank draft or by cheque. For the avoidance of doubt, in the event the Customer uses cheque as the payment method, he/she shall only be able to claim possession of the Car Vehicle upon the cheque’s clearance.

12. Such other terms listed in Part C3

PART C3 : GENERAL TERMS ON YOUR PURCHASE OF A VEHICLE

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

1.1. We seek to provide you a hassle-free and convenient route to vehicle ownership and thus have identified various Partners to supplement MYT’s Services. Though we may recommend their services and/ or products to you, you understand that you are not obliged to engage with them and as such, any dealings that you may have them is at your choice and selection.

1.2. Further, your engagement with the Partners or acceptance of their services and/ or products may be subject to further terms and conditions as may be agreed between you and the Partners and we do not have any authority to interfere on the same.

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 Partners and any costs and / or expenses you incur (including but not limited to processing fees, deposits), 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 Partners which shall include but is not limited to:

1.3.1.any late delivery of Your New Vehicle from the Partner Dealer;

1.3.2.any defects and/or conditions relating to Your New Vehicle purchased from the Partner Dealer that is discovered upon delivery of Your New 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 New Vehicle;

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

1.3.4.any failure of the Partner Dealer to meet their initial promotional offer or initial rebate (if any).

2. Limitations of Liability

2.1. 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.

2.2. 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.

2.3. 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 New 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. Indemnity

You shall indemnify and keep us and our individuals, employees, officers, sub-contractors 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:

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

3.1.2. any breach or non-observance by you of any of the obligations, provisions, representations and/or warranties under the MYT Services T&C.

4. Platform

4.1 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.

4.2 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.

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

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

PART D : GENERAL T&C AND DEFINITIONS

Privacy Policy

Privacy Policy

We at myTukar Sdn Bhd ("MYTUKAR", "we", "us" or "our") is mindful and committed to the protection of your personal information and your privacy.

As such and in compliance with the Personal Data Protection Act 2010 and its regulations ("PDPA"), we issue this Privacy Policy as our notice to all our valued customers and/ or prospective customers to inform you of your rights with regard to your personal data that has been and/ or will be collected and processed by us.

Cookie/Tracking Technology

This Website may use cookie and other tracking technologies depending on the features offered. Cookie and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. The cookies used in this Website will not identify the IP address and individual user.

Collection of Personal Information

For us to provide you with products and/or services that are launched from time to time (whether by us or in collaboration with Our Partners) ("Products and/ or Services") and to enable us to operate in an efficient and effective manner, we may have collected or will need to collect relevant personal information from you either manually or through our website in the course of your present or future dealings with us, our subsidiary(ies), our associated company(ies), our joint venture partners or collaborators including all of its shareholder(s), director(s), employee(s), supplier(s), contractor(s) and/ or its permitted person(s) (collectively "Our Partners").

Description & Sources of Personal Information

The personal information collected by us or Our Partners include but is not limited to name, identity card number, passport number, gender, address, occupation, bank account details, contact information including e-mail address, mobile number, house number, facsimile number and office number, credit card details, business details, details of employer, race, religion or nationality.

The sources that we may obtain your personal data from includes but is not limited to booking forms, registration forms, online forms, agreements you have signed, name cards or any identity materials that you have distributed voluntarily; and business directory(ies) or listing(s) that you have subscribed to share your information, etc.

Purposes

We collect and processes your personal data for purposes including but not limited to the following:

• Arrangements with you
  • To process applications for and the provision of Products and/or Services;
  • Credit assessments and background checks as deemed necessary or appropriate by us or Our Partners;
  • Necessary performance of other obligations under the agreements, contracts and/ or arrangements;
• Products and/ or Services
  • Delivery of Products and/ or Services to you;
  • Customer relationship management procedures whichever we deem necessary and fit;
  • Customer categorization activities in connection with the Products and/ or Services;
  • Such other purposes provided for in the particular Products and/ or Services or purposes ancillary to the same;
• Communication and/ or Updates to you
  • To communicate with you;
  • To inform you of our new Products and/ or Services;
  • To respond to your queries;
  • To send you promotional material;
  • For marketing purposes and research purposes;
• Legal Compliance
  • Prevention, hindrance, reporting of any crime including but not limited to fraud, bribery and money laundering;
  • Compliance to any legal or regulatory requirements relating to the provision of Products and/ or Services and to make disclosure under the requirements of any applicable law, regulation, direction, court order, order, by-law, guideline, circular, code applicable to us or any associated, subsidiary, related companies of our group;
• For all other purposes incidental and associated with any of the above.

Disclosure to Third Parties

Generally, your personal data with us will be kept confidential. However, we may disclose your personal data to the following categories of third parties in conjunction with the Purposes:

• Our subsidiary, associated or related companies;
• Our business partners such as online business affiliates, retailers, distributors, agents, merchant that provide, supply, distribute or deal in general with our Products and/ or Services in connection with our business and in relation to our programs;
• Our auditors, business consultants, accountants, lawyers or other professional advisers and/or consultants as we deem necessary and appropriate;
• Our sub-contractors or third party service or product providers as we deem necessary or appropriate, including content providers or aggregators or marketing companies or entities;
• Any person to whom we are compelled to or required under law or in response to a local or state or federal authority, industry regulator, enforcement agency, statutory authority, court of laws, tribunal, arbitration centre, commission or council or association legally authorized by law.
• Any relevant Credit Reporting Agencies for the purpose of conduct or continue to conduct credit checks for credit review, credit evaluation, debt recovery purpose, and legal documentation consequent to contract(s) or facility(ies) granted or to be or continue to be granted by financial institution(s) or other persons.

Your Rights

• CORRECTION OF PERSONAL DATA

  You may at any time make a written request to MYTUKAR to correct any personal data of yours that is inaccurate, incomplete, misleading or out-of-date and MYTUKAR shall, upon receipt of your written request for correction(s), take all necessary measures to give effect to such correction(s).

• WITHDRAWAL OF CONSENT

  Notwithstanding anything to the contrary, you may at any time withdraw your consent to us processing any personal data of yours or to any part or portion of the same by sending to us at the address set out below a written notice of withdrawal and within the period prescribed under the PDPA. We shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of our other legal obligations.

• LIMITATION OF PROCESSING OF YOUR PERSONAL DATA

  If you do not wish to have your personal data shared with any other party, or if you do not wish to be solicited for products or services offered by us or any other parties including third parties, kindly inform us in writing at the communication information as given below.

• ACCESS OF YOUR PERSONAL DATA

  You shall, upon written request, be granted access to all personal data held or stored or processed by us. To avoid confusion, "access" for the purposes of this provision shall mean notification of such personal data of yours that is processed by or on behalf of us and to have a copy of such personal data communicated or conveyed to you in an intelligible form of our choosing.

Please direct any requests related to Your Rights to the following:

Data Protection Officer
Address : Unit 3B-10-01, Level 10, Tower 3B,
UOA Business Park, No. 1, Jalan Pengaturcara U1/51A,
Section U1, 40150 Shah Alam, Selangor.
Telephone : 1 800 225 999
Email : [email protected]

YOUR OBLIGATIONS

It is obligatory for you to supply your personal data to us in the most accurate manner. Failing which, we are unable to process your personal data on your behalf and for the Purpose stated above and all relationships created or to be created between us shall then be terminated and ceased to be in effect immediately.

In the event you provide us with personal data that does not belong to you, you represent and warrant that you have been authorized to release such personal data to us for our collection and processing in accordance to this Privacy Policy and shall indemnify us for any loss, damages or claims arising from the same.

UPDATE OF THIS POLICY

We review and update this Privacy Policy from time to time to reflect the changes in law and business practices. We would advise you to obtain the latest version of our Privacy Policy by contacting us or visiting our website to ensure that you are familiar with the latest version. By continuing to deal with us after communication of our latest Privacy Policy, you are deemed to have accepted and consented to the revision and update contained therein.

Acceptance of The Policy

You are given notice that the Products and/or Services will only be made available to you upon your accepting and expressly consenting to the terms of this Privacy Policy, where such express acceptance and consent shall be evidenced by you clicking or checking or indicating accordingly on the relevant consent portion of the registration forms or such other documents as may be furnished to you, as the case may be.

By so indicating your acceptance of the term of this Privacy Policy, you shall be deemed to have expressly consented to the processing of your personal data by MYTUKAR or any of its authorized agents, employees, partners and/or contractors for purposes as outlined.

You hereby agree and accept that by registering and/or continuing to use the Products and/or Services, you authorize and consent to your personal data being processed by and where required, disclosed to classes of third parties as identified by MYTUKAR for the purposes of MYTUKAR providing the Products and/or Services to you. For the avoidance of doubt, you also hereby explicitly consent to MYTUKAR processing any sensitive personal data relevant for such purposes.

CONFLICT

This Notice is provided in Bahasa Malaysia and English. In the event of conflict or inconsistency between the Notice in Bahasa Malaysia and English, the Notice in English shall prevail.

AML Policy

Statement of Policy

myTukar Sdn Bhd (including its subsidiaries, together the “Company”) is committed to complying with all laws and regulations which govern our operations. If you are in any doubt as to how you should apply any of the provisions of this Policy, you are strongly encouraged to seek guidance from your immediate supervisors, or, where appropriate, the Company's senior management (if you are an employee of the Company) or your contact person from the Company (if you are not an employee of the Company). This Policy will be periodically reviewed, updated and/ or supplemented and will be notified to you in the manner deemed most fit by the Company.

Scope of Policy

The principles and obligations outlined in this Policy apply to all employees of the Company, members of the Board of Directors of the Company, and the Company’s contractors (which include agents, consultants, outsourced personnel and other representatives). As such, each of us is responsible for adhering to these standards in our business interactions. No employee will suffer demotion, penalty or other adverse consequences for refusing to pay or receive bribes or other illicit behaviour, even if such refusal may result in the company losing business or experiencing a delay in business operations.

Malaysian Anti-Corruption Commission Act 2009

The following are some of the offences under the Malaysian Anti-Corruption Commission Act 2009 (MACC 2009):

1. Soliciting or receiving gratification
   • Any person who solicits or receives or agree to receive (for himself or for any other person) or gives, promises or offers to any person any gratification as an inducement to or a reward for any person doing or forbearing to do anything commits an offence;
   • Any person accepts or obtains, or agrees to the same, any gratification as an inducement or reward for doing or forbearing to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavor to any person in relation to his principal’s affairs or business commits an offence;
2. Offering or giving gratification
   • Any person who gives or agrees to give or offers any gratification to any agent as inducement or reward for doing or forbearing to do, or for having done or forbone to do the same in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavor to any person in relation to his principal’s affairs or business
3. Intending to deceive
   • Any person who gives to an agent, or being an agent he uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which he has reason to believe contains any statement which is false or erroneous or defective in any material particular, and is intended to mislead the principal
4. Failing to report when offered bribery
   • Any person to whom any gratification is given, promised or offered in contravention of MACC 2009 shall report the same.

Prohibition against all forms of corruption, bribery and extortion

You are prohibited from directly or indirectly (i) giving, offering, authorising or promising to give or offer to or promising to authorise the giving or offering to; or (ii) soliciting or extorting (including blackmailing), accepting or receiving, or agreeing to accept or receive from any person, company or organisation (including any government, regulatory authority or public body and their officials, officers or members) any bribe, gratification or other corrupt payment as an inducement to, payment or reward for, or otherwise on account of, any person doing something or refraining from doing something or to influence a decision or conduct in respect of any matter or transaction whatsoever, actual or proposed.

Corrupt payments and/or acts of extortion are typically made (a) in order to gain or secure commercial, contractual or regulatory advantage for the Company in a manner which is dishonest, improper, unfair or unethical (for example to obtain or retain business); or (b) in order to provide personal advantage or favour, pecuniary or otherwise, for the employee or persons connected with the employee in a manner which may influence or compromise the employee’s ability to make objective and fair business decisions on behalf of the Company.

Anti-bribery laws of other jurisdictions

You are required to observe and comply with the anti-corruption laws of Malaysia and any country in which the Company operates or does business. This Policy shall apply even in circumstances and in countries where the giving and receiving of bribes or such corrupt payments may be common local practice or custom. It is not a valid defence against a charge of corruption to show that the bribe in question is customary in any profession, trade, vocation or calling, industry, jurisdiction or country

Reporting Procedures

You are required to report your knowledge or suspicions of bribery to your respective Head of Department. The Head of Department shall immediately raise such complaint to the Anti-Bribery and AntiCorruption Committee. You may also raise your concern directly to the Anti-Bribery and Anti-Corruption Committee at [email protected]

So far as possible, the complaint should include:

1. Name of person/persons involved;
2. Time, location and dates of bribery;
3. How the bribery was perpetrated;
4. Other witness to the bribery; and
5. Documentation or evidence available, if any

Your identity will shall remain anonymous. All information received will be treated as confidential. Any party suspects any bribery should comply with the reporting procedures and should not attempt to personally conduct investigations or interview related to any bribery

7 Days Booking Policy

Purchasing a Retail Vehicle from MYTUKAR SDN. BHD. ('MTK')

1. Upon disbursement of the Booking Fee of 1% of the Offer Price from the Customer to MTK, MTK shall reserve the Referred Vehicle for Seven (7) days.
2. In the event the Customer is desirous to apply for financing in regard to the sale transaction, he or she is advised to utilize the first Five (5) days to secure the said financing, and the balance to pay the down payment of the referred vehicle.
3. If the Customer is unable to secure financing (if applicable) and pay the down payment within the first Seven (7) days upon paying the booking fee, MTK shall have the right but not obligation to retract the offer and make the referred vehicle available to another potential Buyer.
4. If the initial offer is retracted due to the delay of financing and/or down payment, MTK shall make available for the next best option available for the Customer. The Customer shall not be obligated to accept the revised offer.
5. If the Customer refuses the revised offer, MTK shall fully refund back the initial paid up booking fee to the Customer.