INTRODUCTION

1. By using the Services, using the Platform and/or registering an account (“Account”) with us, you agree that you have read, understood, accepted and agreed with this Terms of Use, whether as a guest or a registered user. In addition, by using the Platform, Services or Content or by completing the registration process, you are confirming that you are at least 18 years old or a minor authorized to use the same by your guardian. “You" refers to you, the user, together with any company or other business entity you are representing (if applicable).
2. Corporate Body: If you are acting on behalf of a corporate body, you warrant that you are duly authorised by the corporate body and have the full right and authority to bind the corporate body, to these Terms of Use.
3. Privacy Policy: We have provided our Privacy Policy at https://mytukar.com/terms-and-conditions#privacy-policy to explain our privacy policy in detail. Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services and Platform.
4. We reserve our right to:
   1. change, modify, review or delete any of these Terms of Use from time to time at our discretion. A notice may be provided for the updates and/ or changes. Your continued usage of the Platform and/ or Services, after such updates and/ or changes have been posted shall constitute your acceptance of the updates and/ or changes; and
   2. change, modify, suspend or discontinue all or any part of the Platform or the Services at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire, in our sole discretion without notice or liability.

REGISTRATION OF ACCOUNT & SECURITY

1. You may be required to register an Account with us to access specific Services. A unique user identification (“User ID”) will be created upon successful registration and you will be entitled to set the password for your Account.
2. You acknowledge and agree:
   1. to provide accurate, current and complete information, and to update us if it changes. Failing which, we have the right to suspend, close your Account and to terminate your use of the Service at any time with or without notice;
   2. that we may conduct credit checks for assessment and verification purpose. You shall execute all consent form(s) and to provide additional document(s) necessary for such credit check(s), if required;
   3. that we may conduct periodical review on your Account, including but not limited to assessing the activities and/or transactions carried out by you on the Platform or via your Account.
3. Security and Safety of Account:
   1. You shall (i) keep your password confidential and not share, display, disclose the same to any other party; (ii) ensure that you log out from your Account at the end of each session; (iii) immediately notify us of any unauthorised use of your Account, User ID and/or password; and (iv) ensure that your Account information is accurate and up-to-date.
   2. You are recommended to change the password regularly or as may be required by us from time to time. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you.

4. We may for any reason in our sole discretion with or without notice to you, immediately suspend or terminate your Account and/or your User ID, remove or discard from the Platform any Content whether or not associated with your Account and User ID, withdraw any benefit offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds, and/or take any other actions that we deem necessary.

   Reason for such actions may include, but are not limited to (a) violation of these Terms of Use; (b) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour; (c) having multiple user accounts for illegitimate reasons; (d) allowing unauthorised persons to access and use the Account; or (e) behaviour that is harmful to other users, third parties, or our business interests.

5. You may terminate your Account by notifying us in writing (via enquiry form at https://www.mytukar.com/contact-us). Notwithstanding such termination, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination) or the like.

GRANT OF RIGHTS AND RESTRICTION ON USE OF CONTENT

1. Grant of Rights
   1. We grant you a limited, non-exclusive, revocable, non-transferable, non-assignable, non-licensable right to access, view and use the Platform and Content as part of the Services subject to the terms and conditions of these Terms of Use.
   2. The Content or any information provided on Platform:
      • is made available solely for informational purposes of general nature and does not address the circumstances of any particular individual or entity;
      • is a summary of transaction described and is provided for your convenience;
      • is subject to change without notice;
      • shall not form and/or constitutes solicitation, recommendation, endorsement, inducement for you to enter into relationship with any party, nor a comprehensive or complete statement of the matters;
      • is not intended to be source of advice or credit analysis with respect to the material presented and the information contained does not constitute any advice or the like.
   3. You are strictly prohibited to use the Content for other purposes including but not limited to data mining of information. In the event you use the Content other than for the purpose for which we permit or is intended to be used, we reserve the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you.
   4. You must evaluate the merits and risks associated with the use of any information or other Content before making any decisions based on such information or other Content. You shall bear all risks and liability associated with the use of any Content, including without limitation, any reliance on the accuracy, completeness, or usefulness of such Content.
2. Ownership

   We are and shall remain as the owners of all right, title and interest in and to the Platform and Content including any updates, enhancements and new versions thereof, and all related documentation and materials provided or made available to you or any User.

   You shall:
   1. save for non-commercial individual reference purpose, not copy, display, download, distribute, modify, reproduce, transmit, publicly display, publicly perform, republish, transmit, adapt, rent, sell, or create derivative works of the Platform, Services or any Content;
   2. not in any manner (i) modify the features or functionality of; (ii) analyse or remove components from, decompile, or otherwise reverse engineer or attempt to reverse engineer or derive source code, techniques, algorithms or processes from the software, Content, Platform or permit or encourage any third-party to do so;
   3. not in any manner or permit any third party to infringe the intellectual property right and shall comply with all other applicable laws that protect the Services, the Platform and Content;
   4. not use any robot, spider or any other automatic device or manual process to monitor or copy the Platform and Content.
3. myTukar Link
   1. Upon your registration of Account and our reasonable satisfaction of certain conditions including your execution of a Bidding Platform Agreement or Qualified Dealer Agreement, you will be provided a myTukar Link to participate and bid the vehicles in a Bidding Event.
   2. The myTukar Link (if provided) is personal to you. You shall not in any manner, disclose the Link to any third party without our prior consent.
   3. You are fully responsible for all and any loss or damage of any kind incurred as a result of use of, or reliance on the myTukar Link.
   4. The myTukar Link will remain valid and effective for the relevant Bidding Event.

      “Bidding Event” shall mean an online venue held on the Platform, which allows and provides the potential purchaser of vehicle(s) with opportunity to bid the vehicles for a period of five and half hours or such other period in the manner and method as we deem fit. “myTukar Link” shall mean the link provided by us to you to access and take part in a Bidding Event.

4. Third Party Links:

   Third party links may be provided on/throughout the Platform and/or Services. Unless otherwise stated, such links are not under our control in any manner and the inclusion of any link does not in any way imply or express our affiliation, endorsement or sponsorship of such linked site and/or any of its content therein. You acknowledge that access to the same is at your own risk.

YOUR CONDUCT AND UNDERTAKING

1. In general, we do not screen or edit information transmitted or shared by users of our Platform, but we reserve the right (without obligation) to monitor, remove any objectionable, inaccurate/inapplicable information at any time without notice in our sole discretion.
2. We make every reasonable effort to ensure that contributors to the Content provide accurate, complete and up-to-date information on this Platform. However, all Content, whether publicly posted or privately transmitted is the sole responsibility of the person of whom such Content originated. This means that the creator, and not us (if applicable), are entirely responsible for the for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution.

3. To help ensure that everyone's experience on the Platform is a positive one, we have certain rules for conduct, which you must abide by:

   1. comply with all applicable laws and regulations in relation to your use of the Platform, Content and Services;
   2. not to upload, post, transmit or otherwise make available any Content that is inaccurate, deceivable, fraudulent (with or without the intention to manipulate), unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
   3. not impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
   4. not use the Services, Platform and Content in dishonest way to obtain any advantage, benefit or secret profit from any third party or for fraudulent/unlawful purposes or for purpose other than which it is intended to be used;
   5. not take any action that may undermine or manipulate the purpose of Platform, Content and Services offered;
   6. not reverse look-up, harvest, collect, trace or seek to trace any information of any other user of or visitor to the Platform, or any of our customer or commercially exploit the Platform, Content or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information;
   7. not upload, email, post, transmit or otherwise make available any Content that: (i) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (ii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   8. not upload, email, post, transmit or otherwise make available: (i) any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation; (ii) any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
   9. not interfere with, manipulate or disrupt the Platform and Services or servers or networks connected to the same or any other user's use and enjoyment of the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the same;
   10. not take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Platform and/ or our provision of Services or the servers or networks connected to the Platform;
   11. not attempt to commercially exploit any part of the Platform, Services and Content without our permission, including without limitation modify any of the Content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose; and
   12. provide us with proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
   13. we may block delivery of any communication (including status updates, postings, messages and/or chats) to or from the Platform as part of our effort to protect the Services, Platform or our users, or otherwise enforce the provisions of this Terms of Use.
4. You are solely responsible for any action, conduct, anything you post, make, act or otherwise make available on or through the Platform, including, without limitation, the accuracy, reliability, nature, compliance with law associated with the same.

REPRESENTATION, WARRANTY AND DISCLAIMER

The Services, Content and Platform are provided "as is". Your usage of the same is at your sole risk without any warranties, claims or representations of any kind either expressed, implied or statutory, including without limitation: (a) warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose; (b) warranties created by course of dealing, course of performance or trade usage; (c) the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or (d) that the Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, Trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

INDEMNITY

You agree to indemnify, defend and hold us harmless, and our shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) your violation or breach of any Terms of Use or any policy or guidelines referenced herein, (b) your use or misuse of the Platform and/ or Services, (c) your breach of any laws or any rights of a third party; and (d) your use of others’ intellectual property rights or violation of any applicable intellectual property laws.

EXCLUSION

1. To the maximum extent permitted by applicable law, we shall not be liable for any direct, indirect, punitive, special, incidental or consequential damages whatsoever, including, but not limited to, damages for loss of use, profits or data (however arising, including negligence) arising out of or in connection with:

   1. the use or inability to use the Platform and/ or Services;
   2. the provision of or failure to provide Platform and/ or Services;
   3. any errors or omissions in any Content, or any loss or damage incurred as a result of use of, or reliance on, any Content,
   4. statements or conduct of any third party;
   5. unauthorised use of your password;
   6. the terms and conditions of any transaction between you and any third party;
   7. any insufficiency of or problems with any such third party's background, insurance, credit or licensing; or
   8. quality of services performed by third party or any other legal liability arising thereof.
2. In the event that you have a dispute with any third party, you shall release us and Indemnified Party (defined above) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

CONFIDENTIALITY

1. Please refer to and the terms of our Privacy Policy at https://mytukar.com/terms-and-conditions#privacy-policy shall be incorporated herein.
2. No party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party.

VIOLATION OF TERMS OF USE

Violations of this Terms of Use may result in a range of actions, including without limitation, any or all of the following:

1. limitation/restriction to be placed on your Account privileges (if any);
2. suspension of the Services, Account, participation in the Platform, and subsequent termination;
3. civil actions, including without limitation a claim for damages and/or interim or injunctive relief; and/or
4. termination of these Terms of Use and/or any other associated agreement entered in relation to the Services (if any).

GOVERNING LAW AND JURISDICTION

This Agreement is governed by and interpreted in accordance with the laws of the Malaysia and each Party hereby agrees to submit to the exclusive jurisdiction of the courts of Malaysia.

GENERAL PROVISIONS

1. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable under the law, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions nor the validity and enforceability of the provision in question under the law.
2. You shall not assign, sublicense or transfer any rights granted to you without our consent.
3. Nothing in these Terms of Use shall constitute a partnership, joint venture or principal-agent relationship between you and us.
4. Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.
5. In the absence of anything to the contrary, in the event there is any inconsistency between the Terms of Use and any other agreement entered associated with the Services and/or to effectuate the same purpose, the document / agreement (including the Qualified Dealer Agreement or Bidding Platform Agreement, whichever is applicable) which gives or reflects the greater purpose or party's intention shall prevail.
6. If you have any questions or concerns about these Terms of Use or any issues raised in this Terms of Use or on the Platform, please contact us via the contact details set out in the “Contact Us” page.

1. where we are not able to verify your identity with certainty;
2. where the data provided by you upon sign-up (for example, email address, telephone number, company/business registration number etc.) is identical to an Account already registered with the Platform;
3. where you have provided inaccurate information or omitted to provide necessary information during the registration process;
4. where you have signed up as user under another account, which is either temporarily or permanently suspended at the time of registration;
5. where the result of a credit check revealed that you have previously been convicted for committing a criminal offence;
6. where you have breached any terms and conditions of the Terms of Use or any other agreements that you have signed and entered into with us; and/or
7. any other reason as may be determined by us.