Welcome to MyTukar Sdn Bhd’s (“myTukar/we/us/our”) website, www.mytukar.com or myTukar’s mobile application (collectively, the “Platform”). myTukar facilitates trade-in, sales and purchase of vehicles via the Platform.
REGISTRATION OF ACCOUNT & SECURITY
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.
GRANT OF RIGHTS AND RESTRICTION ON USE OF CONTENT
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:
“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.
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
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:
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.
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:
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.
Pursuant to the Personal Data Protection Act 2010 ("PDPA"), myTukar Sdn Bhd ("MYTUKAR") is mindful and committed to the protection of your personal information and your privacy.
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 our Product and/or Services and to operate in an efficient and effective manner, we may need to collect relevant personal information from you either manually or through our website. The personal information collected by us may be in the form of but is not limited to name, identity card number, address, bank account details, telephone number, credit card details, business details or any other information stipulated by the PDPA.
Purposes of Processing
Disclosure to Third PartiesMYTUKAR may disclose your personal data to our affiliates or third parties that perform services on MYTUKAR's behalf and in doing so we will comply with all applicable laws, regulations and industry standards.
Acceptance of The Policy
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.
Withdrawal of ConsentNotwithstanding anything to the contrary, you may at any time withdraw your consent to MYTUKAR processing any personal data of yours or to any part or portion of the same by sending to MYTUKAR at the address set out below a written notice of withdrawal and within the period prescribed under the PDPA. MYTUKAR 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 MYTUKAR's other legal obligations.
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 MYTUKAR or any other parties including third parties, kindly inform us in writing at the communication information as given below.
You shall, upon written request, be granted access to all personal data held or stored or processed by MYTUKAR. 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 MYTUKAR and to have a copy of such personal data communicated or conveyed to you in an intelligible form of MYTUKAR's choosing.
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).
Please direct any requests to withdraw consent or to request access and/or correction to any Personal Data as follows:
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 : (+60) 03-5569 0999
Email : [email protected]
By publishing this policy in this website, we shall deem our customers and/or clients have already been notified.
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):
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
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:
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