MYTUKAR SERVICES

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 governs 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 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;
  5. 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;
  6. 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 acceptance of the same by selecting the applicable Parts of these MYT Services T&C.

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 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.

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, CCRIS and FIS), 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 you’re the Platform, your previous or current transactions with us or otherwise obtained) may be 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 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.

2. Offer

Upon having conducted the inspection, we shall make available to you an Offer with an Offer Price.

3. Acceptance

Our Offer shall remain valid for 3 days 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 to Item 5 Part B1 below; 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 to Item 5 Part B1 below; 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 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 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 financial institution, we shall be entitled to first settle the Outstanding Amount and procure supporting or written document (including the e-batal slip for discharge of ownership issued by the financial institution) addressed to us for purpose of evidencing the same. Such amount settled shall be set-off against the Offer Price. (a) In the event there remains any part of the Offer Price after setting-off the Outstanding Amount (and the Deposit in accordance to Item 4.2 Part B1 above, if applicable), we shall remit the same to you within 24 hours of the delivery of physical possession of Your Used Vehicle and the Transaction Documents. You shall be obliged to deliver 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. 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 flood, 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) terminate the existing Offer and Acceptance with immediate effect and neither 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 B2 : SELLING YOUR 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 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 its 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 Buyer 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.

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

We provide the following services:

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 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;

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 to obtain the highest 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 and remit payment to you upon our receipt of the purchase price (being the final bid price accepted by you) from the Partner Buyer or purchaser. 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 will 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 to 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 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 financial institution, we shall be entitled to arrange for the settlement of the Outstanding Amount and procure supporting or written document (including the e-batal slip for discharge of ownership issued by the financial institution) addressed to the Partner Buyer 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 to 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 the delivery of physical possession of Your Used Vehicle and the Transaction Documents provided always that the full purchase price has been received by us from the Partner Buyer 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 financial institution. Thereafter you shall immediately deliver to us the Transaction Documents and physical possession of Your Used Vehicle.

5.3.2. 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 the delivery of physical possession of Your Used Vehicle and the Transaction Document provided always that the full purchase price has been received by us from the Partner Buyer 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 flood, 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 Buyer have remitted any amount to a third party (including the financial institution which Your Used Vehicle is under hire pursuant to a hire purchase arrangement) but have yet to taken 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 Buyer 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

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

2.1. you are the rightful, 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;

2.2. 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;

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

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

2.5. Your Used Vehicle has not undergone any replacement of engine and/ or modification without endorsement;

2.6. Your Used Vehicle shall be free from any traffic summons, fines or penalties and we shall not be held responsible and/or liable to any traffic summons, fines or penalties that has been incurred prior to and/or at the time of sale of Your Used Vehicle to us / Partner Buyer and/ or purchaser;

2.7. Your Used Vehicle shall be roadworthy;

2.8. 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, total loss, replacement of engine, cut and joint, modification, 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, history, accident record and financing particulars of Your Used Vehicle;

2.9. the condition of Your Used Vehicle on the date we receive or takes 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;

2.10. 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

(a) all information provided by you to us is true and accurate;
(b) in relation to Your Used Vehicles’ condition, Your Used Vehicle has not:

(i)has been affected by flood;
(ii) been involved in major accident;
(iii) which has been declared as a total loss or beyond economic repair;
(iv) been a “cut and join (kereta potong)” or blacklisted by any government authority; and
(v) with chassis or engine number not visible.

2.11. If any of Your Warranties shall at any time hereafter be found to have been untrue, incorrect or inaccurate in any material respect and not rectifiable, in such event and notwithstanding anything to the contrary herein contained and without prejudice to any of our other rights and remedies or under the laws, 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.

2.12. If applicable, in the event that Your Warranties was found to have been untrue, incorrect or inaccurate after the completion of the sale and purchase, you acknowledge and agree that the Partner Buyer 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 relating to you to the Partner Buyer 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, or inaccurate information provided by you.

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, within 60 days of our receipt of the Transaction Documents and Your Used Vehicle:

3.1.1. To demand you to refund to us / Partner Buyer the full purchase price remitted by us / Buyer 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 Buyer 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 for the purposes of Your Used Vehicle insurance 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 Dealer, and not by us and is purchased by you, and not by us. We will identify to you the appropriate Partner Dealer in an attempt to get you the best 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 its 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 Dealer 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.

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

We provide the following services:

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

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

2.3. Facilitate the ownership transfer process of Your New Vehicle;

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 Dealer 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 of 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 all relevant representations and warranties pertaining to Your New Vehicle from the Partner Dealer.

4.2. Upon receipt of your Offer to Purchase, we shall procure that a [written statement complying with Part I & II Second Schedule HPA / 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 issue to you a receipt as an acknowledgement of receipt on behalf of the Partner Dealer 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 prior:

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

5.1.2. In the event your 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 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 information) 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 to Part B simultaneously with the purchase of Your New Vehicle, you shall be obliged to deliver physical possession 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 14 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 approval of your facility (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 receipt of the Deposit 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 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 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.

8.4. For avoidance of doubt and in the event Your New Vehicle opted by you is a used or second-hand vehicle, 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, and whereupon, we may offer a Price Adjustment; 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. Benefits / Rebate from Us

9.1. Upon your successful purchase of Your New Vehicle from the Partner Dealers, you shall be entitled to the rebate which was made known to you prior to your purchase of Your New Vehicle. The rebate may be paid by setting-off any sum due and owing by you to us or the Partner Dealer.

9.2. In the event you rescind or terminate your purchase of Your New Vehicle from the Partner Dealer 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 any summons or fines arising from the Test Drive. In relation to toll 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 or injury to the vehicle, our dedicated staff, any third party using it or to any person as a consequence of your Test Drive (including 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 risk.

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 legislation. You authorize us to provide information relating to you (including your personal information) 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 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 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 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 receipt of your Offer to Purchase, we shall provide you with a [written statement complying with Part I & II Second Schedule HPA / 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 issue to you 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 prior:

3.1.1. In the event you are purchasing Your New Vehicle by cash, prior to payment of the Deposit // 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 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 information) 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 to Part B simultaneously with the purchase of Your New Vehicle, you shall be obliged to deliver physical possession 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 including but not limited to tinting, we shall provide you with a detailed description of the customizations and our Customization 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 Customization to be carried out:

5.2.1. Prior to delivery of Your New Vehicle to you and include such Customization 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 Guarantee at any one of our RX-3. The Customization Price shall be paid at RX-3 prior to the Customization being carried out.

6. Payment of Deposit

6.1. The Deposit shall be paid to us within 14 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 the Customer to MTK, MTK shall reserve the Referred Vehicle for Ten (10) days.

7.2. 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.

7.3. If the Customer is unable to secure financing (if applicable) and pay the down payment within the first Ten (10) 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.

7.4. 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.

7.5. If the Customer refuses the revised offer, MTK shall fully refund back the initial paid up booking fee to the Customer.

8. Delivery and Completion of Purchase

8.1. Upon receipt of the Deposit 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 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 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.

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, and whereupon, we may offer Price Adjustment; 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, both Parties shall have no claims against each other.

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 our 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 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 and remains roadworthy;

9.1.4. Since delivery to you, Your New Vehicle is free from any traffic summons, fines or penalties 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 for customizations, upgrades, repair or washing of the vehicle.

9.3. Upon receipt of your notification pursuant to Item 8.1.1 of Part C2 above, you shall ensure that the vehicle is available for inspection at one of our retail outlets within the next 2 days. In the event we are satisfied that the conditions in Item 8.1 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 Financier and Partner Insurer 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 Financier, Partner Insurer and the relevant authorities, we shall refund to you all sums paid by you to us for the purchase of the vehicle within 7 days after we received all Transaction documents and physical possession of Your New Vehicle.

10. Warranty [on Report & MYT Warranty]

10.1.1. In the event the Referred Vehicle possesses a valid warranty provided by the Original Manufacturer, the Extended Warranty provided by GMR shall commence upon the expiry of the former warranty.

10.1.2. The Customer shall surrender the Referred Vehicle at MyTukar’s Experience Centre for an inspection, at least 6 months prior to the expiration of the Original Manufacturer’s warranty, in order to render the Referred Vehicle eligible for the extended warranty provided by GMR.

10.1.3. For any avoidance of doubt, in the event the Customer requests MyTukar for an inspection in order to acquire the extended warranty once 6 months prior to the expiration of the Original Manufacturer’s Warranty has lapsed, such request shall be consider invalid.

11. MYT After Sales Service

11.1.1. Our After-Sales service shall exclusively be available at our RX-3 centre.

Vehicle Service

11.1.2. It is compulsory to book an appointment in advance prior to surrendering your vehicle for a service at our Workshop.

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.

11.1.4. A deposit for a sum equal to 25% of the net price shall be requested in the event a ‘major repair’ and/or ‘part replacement’ is necessary, upon the acceptance of the Customer.

Tinting

11.1.5. The Customer may opt to purchase our tinting before or after the delivery of the purchased vehicle.

11.1.6. In the event the Customer request for the tinting product before the delivery of the purchased vehicle, the cost may be included in the Hire Purchase sum (if available). The customer shall be entitled to our Retail Bundle Price

11.1.7. In the event the Customer request for the tinting product after the delivery of the purchased vehicle, the Customer shall be entitled to a 25% discount from the Recommended Retail Price.

11.1.8. In the event the Customer opts to swap the purchased vehicle for another model within the 5 day Guarantee period, the Customer shall be eligible for a 30% refund from the total cost of the tinting product.

11.1.9. In the event the Customer opts to return the purchased vehicle without performing a swap, the Customer shall be charged for the full sum of the tinting product.

12. Such other terms listed in Part C3

PART C3 : GENERAL TERMS ON YOUR PURCHASE OF A VEHICLE

1. Dealings with our Partners (Financier, Insurer & 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 the 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. Further, we shall not be liable for any special, consequential, incidental, punitive, or indirect damages arising from or relating to these terms and conditions, regardless of any notice of the possibility of such damages.

2.2. Without prejudice to the generality of the foregoing, our entire 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.

PART D : GENERAL T&C AND DEFINITIONS

“5-Day Period” means 5 days commencing from the date of delivery of Your New Vehicle to you which shall include the day of delivery and expiring on our closing business hours on the 5th day
“Acceptance” means your acceptance of our Offer (Item 3 Part B1) or acceptance of a bid (Item 3 Part B2)
“Acceptance Price” Shall have the meaning stipulated in Item 3 Part B2
“Booking Fee” means a sum payable by you to us prior to our or our Partner Dealer’s acceptance of your Offer to Purchase, which shall not exceed 1% of the purchase price of Your New Vehicle
“Bidding Event” means the bidding event held on the Platform for the sale of among others, Your Used Vehicle
“Bidding Related Services” Means the services rendered by us as stipulated in Item 2 Part B2
“Customizations” Means the customizations of Your New Vehicle which you may require and notified to us in accordance to Item 5 Part C2
“Customizations Price” Means our charges for the Customizations required by you of Your New Vehicle
“Delivery Area” means the areas in which we will not charge fees for delivery of Your New Vehicle
“Delivery Date” means such date mutually agreed between you and our dedicated staff for the delivery or collection of Your New Vehicle to or by you
“Delivery Order” means the order which would accompany our delivery of Your New Vehicle to you for your confirmation and execution.
“Deposit” means a sum equivalent to the difference between the amount financed by a third party (including a financial institution) to finance the purchase of Your New Vehicle and the actual purchase price of Your New Vehicle (inclusive of all other costs stipulated in the financing agreement between you and the third party)
“MYT Services” means the services rendered by us, whether partly or wholly through the Platform including facilitating the sale of Your Used Vehicle and the purchase of Your New Vehicle
“MYT Services T&C” means this terms and conditions, as may be updated by us from time to time by posting the updated terms and conditions on our Platform. Your continued dealing with us after such changes have been posted shall constitute your acceptance of such revised terms and conditions.
“Offer to Purchase” means your offer to purchase Your New Vehicle from us (Item 4 Part C2) or from the Partner Dealer (Item 4 Part C1)
“Offer Price” means the offer price made by us for Your Used Vehicle
“Offer” Means our offer for the purchase of Your Used Vehicle
“Outstanding Amount” means the balance outstanding owing by you to a third party (including a financial institution) in relation to your hire of Your Used Vehicle
“Partners” Means our Partner Financiers, Partner Insurers and Partner Dealers
“Partner Buyers” means any one of our professional buyers of vehicles which may be interested in purchasing Your Used Vehicle
“Partner Dealers” means any one of our partner car dealers which may be interested in selling you Your New Vehicle
“Partner Financiers” means any one of the financiers which we may introduce you to in connection with the purchase of Your New Vehicle
“Partner Insurers” means any one of the vehicle insurers which we may introduce you to in connection with the purchase of Your New Vehicle
“Platform” means https://mytukar.com/ and any related sub-sites
“Purchase Related Services” Means the services rendered by us as stipulated in Item 2 Part C1
“Price Adjustment”  
“Report” means the report accompanying the listing of Your New Vehicle on our Platform which sets out the condition of the Your New Vehicle
“RX-2” means our retail showrooms as listed on the Platform from time to time
“RX-3” Means our after-sales service centres as listed on the Platform from time to time
“T&C” means terms and conditions
“Transaction Documents” means all documents necessary for the transfer of ownership of Your Used Vehicle to us or Partner Buyer, whichever is applicable, including but not limited to ***
“We” or “Us” or “MyTukar” MyTukar Sdn Bhd (Registration No. 201701035150 (1249321-K)) and/ or our subsidiaries
“Your Warranties” means the warranties given by you relating to Your Used Vehicle including those listed in Item 2 Part B3
“Your Used Vehicle” means your used vehicle which you intend to sell to us or our Partner Buyers
“Your New Vehicle” means a used or brand new vehicle which you intend to purchase from us our Partner Dealers

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.


Dasar Privasi

Kami di myTukar Sdn Bhd ("MYTUKAR" atau "kami") sedar dan komited terhadap perlindungan maklumat peribadi dan privasi anda. Oleh itu dan untuk mematuhi Akta Perlindungan Data Peribadi 2010 dan peraturan-peraturannya ("APDP"), kami mengisukan Dasar Privasi ini sebagai notis kami kepada semua pelanggan yang dihargai dan/ atau bakal pelanggan kami untuk memaklumkan hak-hak anda berkenaan data peribadi anda yang telah dan/ atau akan dikumpul dan diproses oleh kami.

Cookie/Teknologi Penjejakan

Laman web ini mungkin menggunakan cookie dan teknologi-teknologi penjejakan lain bergantung kepada ciri-ciri yang ditawarkan. Cookie dan teknologi-teknologi penjejakan adalah berguna untuk mengumpul maklumat seperti jenis browser dan sistem pengoperasian, menjejak bilangan pengunjung laman tersebut, dan untuk memahami bagaimana pengunjung-pengunjung menggunakan laman tersebut. Cookies juga boleh membantu untuk menyesuaikan laman tersebut untuk pengunjung-pengunjung. Cookies yang digunakan dalam Laman web ini tidak akan mengenal pasti alamat IP dan pengguna individu.

Pengumpulan Maklumat Peribadi

Bagi kami untuk membekalkan kepada anda produk-produk dan/atau perkhidmatan-perkhidmatan yang dilancarkan dari semasa ke semasa (sama ada oleh kami atau dalam kerjasama dengan Rakan kongsi Kami) ("Produk-produk dan/ atau Perkhidmatan-perkhidmatan") dan untuk membolehkan kami untuk beroperasi dalam keadaan yang efisien dan efektif, kami mungkin telah mengumpul atau akan perlu mengumpul maklumat peribadi yang relevan daripada anda sama ada secara manual atau melalui laman web kami dalam perjalanan urusan anda kini atau masa hadapan dengan kami, anak syarikat (anak-anak syarikat) kami, syarikat sekutu (syarikat-syarikat sekutu) kami, rakan kongsi usahasama atau rakan sekerja kami termasuklah semua pemegang saham, pengarah, pekerja, pembekal, kontraktor dan/ atau orang mereka yang dibenarkan (secara kolektif sebagai "Rakan kongsi Kami").

Penerangan & Sumber Maklumat Peribadi

Maklumat peribadi yang dikumpul oleh kami atau Rakan kongsi Kami termasuklah tetapi tidak terhad kepada nama, nombor kad pengenalan, nombor pasport, jantina, alamat, pekerjaan, butiran bank akaun, maklumat perhubungan termasuklah alamat emel, nombor telefon bimbit, nombor telefon rumah, nombor faks dan nombor pejabat, butiran kad kredit, maklumat perniagaan, maklumat majikan, kaum, agama atau kewarganegaraan.

Sumber-sumber di mana kami boleh memperolehi data peribadi anda termasuklah tetapi tidak terhad kepada borang-borang tempahan, borang-borang pendaftaran, borang-borang atas talian, perjanjian-perjanjian yang ditandatangani anda, kad nama atau sebarang bahan identiti yang diedarkan secara sukarela oleh anda; dan direktori (direktori-direktori) perniagaan atau penyenaraian (penyenaraian-penyenaraian) perniagaan yang telah dilanggan oleh anda untuk berkongsi maklumat anda, dan sebagainya.

Tujuan-Tujuan

Kami mengumpul dan memproses data peribadi anda bagi tujuan-tujuan termasuklah tetapi tidak terhad kepada yang berikut:

  • Perjanjian-perjanjian & Pengaturan-pengaturan dengan anda
    • Untuk memproses permohonan-permohonan bagi dan untuk pembekalan Produk-produk dan/atau Perkhidmatan-perkhidmatan;
    • Penilaian kredit dan pemeriksaan latar belakang apabila dianggap perlu atau wajar oleh kami atau Rakan kongsi Kami;
    • Pelaksanaan kewajipan-kewajipan lain yang diperlukan di bawah perjanjian-perjanjian, kontrak-kontrak dan/ atau pengaturan-pengaturan;
  • Produk-produk dan/ atau Perkhidmatan-perkhidmatan
    • Penghantaran Produk-produk dan/ atau Perkhidmatan-perkhidmatan kepada anda;
    • Prosedur-prosedur pengurusan perhubungan pelanggan yang mana kami anggap perlu dan sesuai;
    • Aktiviti-aktiviti pengkategorian pelanggan berhubungan dengan Produk-produk dan/ atau Perkhidmatan-perkhidmatan;
    • Bagi tujuan-tujuan yang lain seperti yang diperuntukkan dalam Produk-produk dan/ atau Perkhidmatan-perkhidmatan tersebut atau tujuan-tujuan yang bersampingan kepadanya;
  • Komunikasi dan/ atau Pengemaskinian kepada anda
    • Untuk berkomunikasi dengan anda;
    • Untuk memaklumkan anda tentang Produk-produk dan/ atau Perkhidmatan-perkhidmatan baru kami;
    • Untuk membalas pertanyaan anda;
    • Untuk menghantar bahan promosi kepada anda;
    • Bagi tujuan-tujuan pemasaran dan tujuan-tujuan penyelidikan;
  • Pematuhan Undang-undang
    • Pencegahan, halangan, pelaporan sebarang jenayah termasuklah tetapi tidak terhad kepada penipuan (“fraud”), rasuah dan pengubahan wang haram;
    • Pematuhan kepada sebarang keperluan undang-undang atau peraturan yang berkaitan dengan pembekalan Produk-produk dan/ atau Perkhidmatan-perkhidmatan dan untuk membuat pendedahan di bawah keperluan sebarang undang-undang yang terpakai, peraturan, arahan, perintah mahkamah, perintah, undang-undang kecil, garis panduan, pekeliling, kanun yang terpakai kepada kami atau mana-mana syarikat sekutu, anak syarikat, syarikat yang berkaitan dengan kumpulan syarikat kami;
  • Bagi kesemua tujuan lain yang bersampingan dan bersekutu dengan mana-mana di atas.

Pendedahan Kepada Pihak Ketiga

Secara amnya, data peribadi anda dengan kami akan disimpan dengan sulit. Walau bagaimanapun, kami mungkin akan mendedahkan data peribadi anda kepada pihak ketiga yang dikategorikan di bawah sempena dengan Tujuan-tujuan tersebut:

  • Anak-anak syarikat, syarikat-syarikat sekutu atau syarikat-syarikat yang bekaitan dengan kami;
  • Rakan kongsi Kami seperti ahli-ahli gabungan perniagaan atas talian, peruncit-peruncit, pengedar-pengedar, ejen-ejen, pedagang-pedagang yang memberi, membekal, mengedar atau berurusan secara umum dengan Produk-produk dan/ atau Perkhidmatan-perkhidmatan kami berhubung dengan perniagaan kami dan berkenaan dengan program-program kami;
  • Juruaudit-juruaudit, perunding-perunding perniagaan, akauntan-akauntan, peguam-peguam atau penasihat-penasihat dan/atau perunding-perunding profesional lain yang kami anggap perlu dan sesuai;
  • Sub-kontraktor-sub-kontraktor atau pembekal-pembekal perkhidmatan atau produk pihak ketiga kami yang kami anggap perlu dan sesuai, termasuklah pembekal-pembekal kandungan atau pengagregat-pengagregat atau syarikat-syarikat atau entiti-entiti pemasaran;
  • Mana-mana pihak yang kami terpaksa atau diperlukan di bawah undang-undang atau untuk sebagai tindak balas kepada, pihak berkuasa tempatan atau negeri atau persekutuan, pengawal selia industri, agensi-agensi penguatkuasaan, pihak berkuasa statutori, mahkamah perundangan, tribunal, pusat timbang tara, suruhanjaya atau majlis atau persatuan yang diberi kuasa oleh undang-undang.

Hak-Hak Anda

  • PEMBETULAN DATA PERIBADI

    Anda boleh pada bila-bila masa membuat permintaan bertulis kepada MYTUKAR untuk memperbetulkan sebarang data peribadi anda yang tidak tepat, tidak lengkap, mengelirukan, atau tidak lagi berlaku dan MYTUKAR hendaklah, pada penerimaan permintaan bertulis anda untuk pembetulan (pembetulan-pembetulan), mengambil segala langkah yang perlu untuk memberikan kesan kepada pembetulan (pembetulan-pembetulan) tersebut.

  • PENARIKAN BALIK PERSETUJUAN

    Meskipun dengan apa yang bertentangan dalam notis ini, anda boleh pada bila-bila masa menarik balik persetujuan anda yang telah diberikan kepada kami untuk memproses sebarang data peribadi anda atau terhadap mana-mana bahagiannya dengan menghantar kepada kami di alamat yang dinyatakan di bawah suatu notis penarikan balik secara bertulis dan dalam tempoh yang diperuntukkan di bawah APDP. Kami akan mengambil segala langkah yang perlu untuk memberikan kesan kepada penarikan balik persetujuan anda, setakat bahawa penarikan balik tersebut tidak bercanggah dengan sebarang kewajipan undang-undang kami yang lain.

  • HAD PEMPROSESAN DATA PERIBADI ANDA

    Sekiranya anda tidak ingin data peribadi anda dikongsi dengan mana-mana pihak lain, atau jika anda tidak ingin dipujuk-rayu bagi produk-produk atau perkhidmatan-perkhidmatan yang ditawarkan oleh kami atau mana-mana pihak lain termasuklah pihak ketiga, sila maklumkan kami secara bertulis di maklumat komunikasi yang diberikan di bawah.

  • AKSES KEPADA DATA PERIBADI ANDA

    Anda akan, berikutan permintaan bertulis anda, diberikan akses kepada semua data peribadi anda yang dipegang atau disimpan atau diproses kami. Untuk mengelakkan kekeliruan, “akses” bagi tujuan-tujuan peruntukan ini bermakna makluman data peribadi anda yang diproses oleh atau bagi pihak kami dan untuk mendapatkan sesalinan data peribadi sedemikian yang telah dikomunikasikan atau disampaikan kepada anda dalam suatu bentuk yang difahami dalam pilihan kami.

Sila hantar sebarang permintaan berkenaan Hak-hak Anda kepada yang berikut:

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

Kewajipan-Kewajipan Anda

Ianya adalah wajib bagi anda untuk membekalkan data peribadi anda kepada kami dengan setepat-tepatnya. Sekiranya gagal, kami tidak akan berupaya untuk memproses data peribadi anda bagi pihak anda dan bagi Tujuan-tujuan yang dinyatakan di atas dan segala hubungan yang dicipta atau yang akan dicipta di antara kita akan ditamatkan dan berhenti untuk berkuat kuasa dengan serta merta.

Dalam keadaan bahawa anda membekalkan kepada kami data peribadi yang tidak dimiliki anda, anda mewakili dan menjamin (“represent and warrant”) bahawa anda telah diberikan kuasa untuk melepaskan data peribadi sedemikian kepada kami untuk pengumpulan dan pemprosesan kami menurut Dasar Privasi ini dan hendaklah menanggung rugi kami bagi sebarang kerugian, ganti rugi atau tuntutan-tuntutan yang berbangkit daripadanya.

Pengemakinian Dasar Ini

Kami akan mengkaji semula dan mengemas kini Dasar Privasi ini dari semasa ke semasa untuk mencerminkan perubahan-perubahan undang-undang dan amalan-amalan perniagaan. Kami menasihati anda untuk memperolehi versi yang terbaru Dasar Privasi kami dengan menghubungi kami atau mengunjungi laman web kami bagi memastikan bahawa anda arif dengan versi yang terbaru. Dengan meneruskan urusan dengan kami selepas komunikasi berkenaan Dasar Privasi terbaru kami, anda adalah dianggap menerima dan bersetuju dengan semakan dan pengemaskinian yang terkandung dalamnya.

Penerimaan Dasar Ini

Anda diberikan notis bahawa Produk-produk dan/atau Perkhidmatan-perkhidmatan hanya akan disediakan kepada anda selepas anda menerima dan bersetuju secara nyata kepada terma-terma Dasar Privasi ini, di mana penerimaan dan persetujuan yang nyata sedemikian adalah dibuktikan dengan anda mengklik atau memeriksa atau menunjukkan dengan sewajarnya atas bahagian persetujuan yang relevan borang-borang pendaftaran atau dokumen-dokumen lain yang akan dibekalkan kepada anda, mengikut mana yang berkenaan.

Dengan menunjukkan penerimaan anda atas terma-terma Dasar Privasi ini, anda dianggap telah bersetuju secara nyata kepada pemprosesan data peribadi anda oleh MYTUKAR atau mana-mana ejen, pekerja, rakan kongsi dan/atau kontraktor yang telah diberikan kuasa bagi tujuan-tujuan yang telah disebutkan di atas.

Anda dengan ini bersetuju dan menerima bahawa dengan mendaftar dan/atau meneruskan penggunaan Produk-produk dan/atau Perkhidmatan-perkhidmatan, anda memberikan kuasa dan bersetuju dengan data peribadi anda diproses oleh dan apabila perlu, didedahkan kepada kelas-kelas pihak ketiga seperti yang dikenal pasti oleh MYTUKAR bagi tujuan-tujuan MYTUKAR membekalkan Produk-produk dan/atau Perkhidmatan-perkhidmatan kepada anda. Untuk mengelakkan sebarang keraguan, anda di sini juga bersetuju secara eksplisit kepada MYTUKAR untuk memproses sebarang data peribadi yang sensitif yang relevan bagi tujuan-tujuan sedemikian.

Konflik

Notis ini diisu dalam Bahasa Malaysia dan Bahasa Inggeris. Dalam apa-apa konflik interpretasi atau ketidaksamaan diantara Notis ini dalam Bahasa Melayu dan Notis dalam Bahasa Inggeris, versi Bahasa Inggeris akan terpakai.


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


10 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 Ten (10) 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 Ten (10) 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.