Live Offer Supplementary


TERMS OF USE

1. INTRODUCTION

Hello, and welcome to JTCars!

This Terms of Use (“Terms”) shall at all times bind you as the User (as defined), and us KL Works Sdn. Bhd. [Company No.: 1420046-T] (“Company”).

This Terms shall become effective when you access, browse and/or register an account via our digital platform branded as, “Live Offer” and “JTCars” (“Platform”) which constitutes your unconditional acceptance of this Terms.

Should you disagree with any or entire part of this Terms, please do not access, browse and/or register an account with us any further. By continuing to access, browse and/or register on the same shall be deemed that you have read, understood, and agreed to be bound by this Terms. Words that used simultaneously such as “us”, “we” and “our” refer to the Company.

User shall also refer to our FAQs for more helpful insight into the important terms and conditions stated herein, which will be binding upon User and carry the same legal force as this Terms.

2. DEFINITIONS AND INTERPRETATIONS

In this Terms, unless the context otherwise requires, the following expressions shall have the following meanings: –

“Account” means the account of any individual or corporate entity registered with the Company via the Platform;

“Buyer” means the User who is desirous to purchase an Item from the Seller;

“Catalogue” means our electronic catalogue available on our Platform;

“Company” means KL Works Sdn. Bhd. [Registration No.: 1420046-T];

“Default Sale" means an event where you cancel the sale on your end, and/or you sell your item outside of the platform during Live Offer period, and/or you sell your item to a Buyer who discovered your ad on the Platform after Live Offer period has ended, and/or when you decide not to sell the item when an offer has met or exceeded your accepted price, and/or any other defects on your part that could hinder the completion of the sale.
“Inspection” means to view, inspect and test use/drive an Item;

“Intellectual Property” means all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights belonging to the Company, and/or third-party service provider;

“Item” means any Items for sale on the Platform;

“Offer Period” means the duration as determined at the sole and discretion of the Company and/or the Seller where any User may offer a price of their choice on any particular Item;

“Platform” means the website <https://jtcars.net/> and all other marketing extensions used by the Company;

“Seller” means any vendors or sellers [whether selling as a private individual or as trader (corporate entity or others)] who are desirous to advertise, market and/or promote any Items through the Platform;

“Terms” means this Terms of Use, which may be amended, varied, modified or supplemented by us from time to time as we deem fit; and

“User” means any persons be it an individual or any person authorised to represent a corporate entity who has registered an account with the Company.

3. FUNCTION AND PURPOSE OF THE PLATFORM

You hereby acknowledge and agree that the Platform was developed as a digital platform with the objective of enabling a Seller to ‘digitally’ connect with User for the sale and purchase of any Item advertised on our Live Offer/JTCars e-catalogue (“Catalogue”). The terms and conditions stated herein shall constitute the entire understanding between the parties. All transactions and deals on this platform shall be subject to JTCars’s current Terms, which may be revised by JTCars without notice at any time.

4. BECOMING AN USER

4.1 While you can browse the Platform without registering an account, however, in the event if you wish to advertise or purchase an Item, you shall first be required to register as a User on the Platform by creating an Account, free of charge.

In this regard, you hereby represent, warrant and undertake to us the followings: –

(a)   if you are an individual, you are at least eighteen (18) years of age; or

(b) if you are a corporate entity, your company is legally and validly existing under the applicable laws in Malaysia not limited to the Companies Act 2016,

where at any point of time you shall be entitled to register and maintain one (1) Account only.

4.2 During the registration process, you will be requested on the following details and information, including but not limited to: –

(a) full name or name of company;

(b) identification or passport number or company registration number;

(c) payment card information for payment processing purposes;

(d) date of birth;

(e) contact details, i.e., telephone number and email address; and

(f) such other information that we may require,

(collectively, “Personal Data).

For more information on Personal Data, kindly visit our Privacy Notice.

4.3 You shall ensure that all Personal Data provided are true, accurate, and complete information otherwise we will not be able to process any of your requests received through the Platform and/or contact you directly for further information.

4.4 At the sole and absolute discretion of the Company, your registration for an Account may be rejected if any of your Personal Data provided are found to be false, inaccurate and/or incomplete.

4.5 You shall be solely responsible for the use of your Account, including any person(s) who are using your Account on your behalf and any actions arising from thereof. You shall immediately report to us upon discovery of any suspicious activities such as fraud, identity theft, unauthorized and/or abnormal usage of your Account, or any other unlawful events.

4.6 You hereby acknowledge and agree that your username/Login ID and password shall be maintained with the strictest confidentiality. The Company shall not be held liable and/or responsible for any loss, damage, and/or cost arising from such failure or negligence in protecting your Account safely.

5. PERMITTED USE OF THE PLATFORM

5.1 The Company hereby grants you a revocable, non-exclusive, non-transferable license to access and use the Platform solely for your own personal use, PROVIDED THAT: –

(a) you shall not or attempt to adopt, distribute and/or make any alteration of any works of the Platform in whatsoever manner without our prior written consent;

(b) you shall not or attempt to alter or interfere with any parts of the Platform and its contents and/or functions; and

(c) you shall strictly comply in accordance with this Terms and any applicable laws in Malaysia.

5.2 You shall remain fully responsible and accept full risks and liabilities when using the Platform. You shall not allow or allow any unauthorized person(s) to tamper with or modify your Account which could disrupt the performance of the Platform.

5.3 You shall not use, permit or cause to be used the Platform improperly or for any activities which may infringe any applicable laws in Malaysia and/or third party(ies) rights.

5.4 You shall not use the Platform to commit any act of fraud.

5.5 At the sole and absolute discretion of the Company, your Account may be suspended or terminated in the event your usage on the Platform does not comply with any of this Terms.

5.6 We reserve full rights to withdraw, disable or amend access to the Platform without prior notice and we shall not be liable, for any reason, the Platform is unavailable at any time or for any period. From time to time, we may also restrict access to certain parts of the Platform, or the entire Platform for whatsoever reasons.

6. INFORMATION RELATING TO ANY ITEM

The Seller, through our Platform, may advertise, promote, and/or display its Item on our Catalogue which shall be updated or removed from time to time.

IF YOU ARE A SELLER, you represent, warrant, undertake, and confirm that all pictures, videos (if any), information, description and details in relation to your Item provided and submitted to us through your advertisement on the Platform are entirely TRUE, ACCURATE, AND COMPLETE.

IF YOU ARE A BUYER, you are strongly advised to carefully browse, view, read, make your own independent judgement, verification or assessment, including but not limited to verifying, at your own cost and expense, as to any road traffic summonses issued and/or as to the accuracy of all details, information, type, model, colour, manufacturing year in respect of the Item with the relevant authorities.

You further acknowledge and agree that all the information and details pertaining to the Item is solely at your own risks, costs, and expenses.

The Company expressly disclaims any owing of duty, responsibility, and/or liability as to the veracity and your reliance on any information or contents in connection to any Item or advertisements displayed on the Platform as such information, details or contents are in no way be treated and/or constituted as any representations nor statements made by the Company, be taken as advice or be taken as consideration in any manner whatsoever.

The Company further expressly disclaims any duty, responsibility and/or liability whether to you as Seller or Buyer on any untrue, inaccurate, incomplete, misstatement and/or omission of any information, details or contents in connection to any Item or advertisements displayed on the Platform.

6.1 Item Content and Description

(a) You hereby acknowledge and agree that all the description of any Item is strictly provided on an “AS IS WHERE IS BASIS” based on the information and details AS FURNISHED TO US BY THE SELLER, including but not limited to the followings: –

(i) year of manufacturing;

(ii) model;

(iii) photographs or videos (if any);

(iv) CBU or CKD;

(v) colour, mileage and other specifications;

(vi) disclaimer that the Item is not under any Hire Purchase facility or “sambung bayar”;

(vii) service/maintenance record; or

(viii) accident/damage-free, recondition, refurbish, reparation or replacement of any parts (whichever is applicable).

(b) We reserve the rights to vary or amend details and information of any Item and/or remove it without your prior written consent.

(c) We, at our sole and absolute discretion, shall determine the duration of each Item is to be advertised and/or shown on our Catalogue, including the time for User to respond to the Item’s offer terms or if the Seller requests for extension of its advertisement thereof.

(d) In case of any queries or clarification on the Item, kindly leave your queries or clarification in our “Comment Section” and the Seller will respond to you soonest possible.

Please note that we are not privy to any mode of communications between you and the Seller whether orally or in writing and therefore such communications do not extend nor bind the Company in any form whatsoever.

6.2 Pricing of the Item

(a) All Item prices are determined at the sole and absolute discretion of the Seller.

The Company is in no position to decide or make any price adjustments on any Item prices save and except at the request of the Seller, the prices of such Item may be revised or updated from time to time at the sole discretion of the Seller.

In addition, we do not verify, represent and confirm if any pricing of the Item reflects or represents the true price or is inconsistent with current market prices or anything similar.

(b) All prices contained in our Catalogue are EXCLUSIVE, including but not limited to (unless otherwise specified by the Seller): –

(i) road tax;

(ii) insurance;

(iii) application for transfer of ownership through JPJ;

(iv) inspection by PUSPAKOM; and

(v) any applicable taxes, including but not limited to the Sales and Services Tax or such other taxes (whether in effect now or in the future related to the Item) as imposed by the relevant authority(ies) and/or any penalties and/or fines in the event the Buyer refuses to pay the same,

where all the costs and expenses relating to the above shall be solely borne by you. In other words, all prices quoted on the Catalogue are the costs of the Item only.

6.3 Inspection of Item

We understand that you would want to inspect the Item before you make a purchase.

You may request an appointment at any time during the advertisement period where the availability and confirmation of such appointment shall be at the sole and absolute discretion of the Seller.

The Inspection shall be carried out, at the sole risks, costs, and expenses of the Seller and Buyer, either at the Seller’s premises or such other location as may be decided by the Seller. The Seller will contact you directly on the confirmation of the appointment or reschedule on the same.

In the event the Seller presents any inspection report (“Inspection Report”) of the Item to the Buyer during the Inspection period or any time thereafter, you hereby acknowledge and agree that the Inspection Report was wholly undertaken and prepared by the Seller solely. The Company shall not be held liable and/or responsible to the Buyer arising from any misreporting/failure to report of any damage, failure or omissions of any conditions or state of the Item in the Inspection Report.

Please note that the Company shall not be held liable and/or responsible whether to the Seller and Buyer from any accidents, losses, injuries, damage and death arising from the Inspection.

Should you require any independent and professional valuer or advisor, the costs and expenses in engaging one shall be solely at your own costs and expenses.

Inspection is encouraged, however if you feel that it is unnecessary or not required, we shall not be liable and/or responsible for any loss, damage and/or cost that you may suffer or incur in consequence of purchasing the Item.

6.4 Process in Purchasing an Item

(a) When you are keen to purchase an Item, you can indicate your interest through accessing your Account: –

(i) click on the “OFFER” function; or

(ii) if this function is available, you may offer the price of the Item within the prescribed time (“Offer Period”) by proposing your ‘Best Price’ offer at the designated section on the Platform, subject to the terms and conditions as imposed by the Seller accordingly.

(b) Please note that NOT all Item is negotiable as this decision solely rests with the Seller.

(c) Your ‘Best Price’ offer does not in any way constitute that the Seller is bound to sell the Item to you only or meant that your purchase is firm and complete.

You acknowledge and agree that the Item will be continued to be put on sale depending on the duration of the Offer Period or subject to extension thereof or may be completely withdrawn or removed from the Catalogue for whatsoever reasons, at the sole and discretion of the Seller.

The Company shall not be held liable and/or responsible for any loss, damage and/or cost as you may suffer or incur as a result of not obtaining your desired Item.

(d) During the Offer Period or any extension thereof, the Seller at its sole and absolute discretion may determine on which User the Seller desires to sell the Item to. The Seller shall then notify us on the confirmation of their selected User.

The Company is not purview or part or is able to demand or influence the Seller’s decision-making on this selection process and any decision made by the Seller is based on ‘willing buyer, willing seller concept’, non-negotiable and final. Therefore, any queries and/or grievances on the Seller’s decision shall not be entertained.

(e) We also allow you to submit an offer via phone. You can submit a form to us and we will get back to you as soon as possible. This service is provided on as is basis and we do not guarantee the successful submission of your offer or it’s punctuality or any offer at all.

6.5 Confirmation on sale of Item

We will send you an email confirmation and may follow up with a telephone call in case you miss our email.

Thereafter, the Seller shall contact you directly within five (5) working days on the formalization of a written contract to be entered into between you and the Seller (if applicable) and/or effecting the transfer of Item ownership.

Please note that our role is limited to the extent of connecting you with the Seller. We do not in any way facilitate the process in finalising a sale and purchase or transaction, transport and/or storage of any Item nor the Company is the authorised party to receive or accept any payments from you or your financier (if applicable) for the price of the Item.

6.6 Charges and Fees

For every successful sale of Item on our Platform, we will charge the Buyer a six percent (6%) fees based on the transacted value of the Item as the Platform’s service fees, subject to a minimum amount of RM60.00 and maximum amount of RM6,000.00 (“Service Fee”). This Service Fee will be deducted from your payment card.

As for sales and transactions that are completed outside of JTCars, Seller shall pay the Service Fee to JTCars.

7. ADVERTISEMENT

7.1 Submission of Advertisements

Sellers shall submit their Item’s advertisements to JTCars to be reviewed by JTCars in-house team, after making the payment for the applicable reviewing fee as determined by the Company.

Processing submission should not take more than 4 working days. You must have your ownership documents and ID ready so we can complete processing quickly. We reserve the right not process the submission or to refund your submission fee for any delays on your part when processing the submission.

All advertisements must be reviewed and approved by JTCars to ensure such advertisements do not violate any terms or fall under the prohibited list as listed below before they can proceed for publication on the Platform.

• Unrealistic Pricing

• Prohibited Item List

• Not Enough Pictures

• Low Quality Pictures

• Not Enough Information

• Unacceptable Ad Content

• Using Inappropriate Words

• Illegal Products

• Illegal Services

• Fraud And Deception

• Private Violations

• Violent And Graphic Content

• Spam

• Cybersecurity

• Inauthentic Behaviour

• Misinformation

• Misleading

• Cheating And Deceitful Practices

• Unrealistic Outcomes

• Spyware or Malware

• Disruptive Content (for video)

The item that you want to advertise must be in your possession and in ready-to-be-sold condition. We do not allow items which are incoming, by pre-order or is encumbered.

However, for every approved advertisement, JTCars does not represent, warrant and/or confirm the truth, accuracy and/or completeness of any Sellers’ provided information and details of any Item advertised on the Platform nor does JTCars guarantees any successful sale.

7.2 Information and Descriptions

Sellers shall provide detailed, complete, and inclusive information on the proposed Item in their advertisement.

Descriptions of the Item shall include but are not limited to the list below:-

(a) Current State and Conditions;

(b) Service History and Record;

(c) Defects and Accidents History;

(d) Reparation and Maintenance Record; and

(e) Upgrades and Additional Works,

to ensure the full and comprehensive disclosure of the Item information and details to the Platform and potential buyers.

7.3 Publication

Once advertisements have been reviewed and approved by JTCars, they will be published on the Platform and ready to be viewed by the Platform visitors. Sellers shall assume the sole responsibility to check the status of the advertisement on the Seller’s dashboard before it becomes viewable on the Platform.

7.4 Offer

Sellers or their representatives are not allowed to make any offer on their own advertisements or to inflate the price of the advertised Item on the Seller’s behalf. Otherwise, if any of the above attempts or actions are detected and confirmed by JTCars, the Company shall have the right to divulge such action to the Buyer and they shall have the option to cancel with the purchase of the Item without paying the Service Fee.

On the contrary, should the Buyer have no interest to continue with the purchase, the Seller shall be responsible to pay the Service Fee to us and may subsequently be banned from using the Platform.

7.5 Withdrawal and Removal

Sellers are prohibited from withdrawing their advertisements that are published on JTCars. If Sellers shall withdraw such advertisements before the expiry period for whatever reasons, they shall be responsible to pay the Service Fee to JTCars.

Once the advertisement period has been exhausted, the advertisement will be removed from the Platform. However, it may still be accessible through old links and Google Searches. JTCars reserves the sole and discretionary rights to remove advertisement from the Platform.

8. DISCLAIMERS

8.1 Platform

The Company provides the Platform “AS IS” and “AS AVAILABLE” basis without warranty of any kind, express or implied, including without limitation, warranties of title, fitness for a particular purpose or non-infringement.

We make no warranty as to the quality, accuracy, completeness, reliability or validity of the Platform including without limitation, any Item search results, quality, quantity, specifications, price or anything related to the Item published on the Platform.

The Company shall not be liable for any direct or indirect loss of damage in the event of amendment or variation of the Platform, and this Terms.

Further, the Company does not warrant that the functionality of the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform is free from any viruses or harmful content.

8.2 Condition or State of every Item

(a) You hereby acknowledge and agree that the Company is merely providing the Platform to connect the Buyer with the Seller. You further acknowledge and agree that the Company does not have any role whatsoever in directing, controlling and/or managing the quality, quantity, contents and condition of the Item that are published on the Platform.

(b) The Company strictly makes NO representations, warranties, undertakings, confirmations and/or verifications as to all the details, data, record, contents, information and/or anything similar in nature relating to all Item as advertised, published and/or found on the Platform and/or Catalogue, including but not limited to the followings: –

(i) performance and operations;

(ii) scope of warranty(ies) covered for any specific Item parts or anything related;

(iii) all implied terms and warranties in connection to the Item whether in terms of its functionality, roadworthiness, merchantability, registrability, free from encumbrances, durability, quality, fitness and/or free-of defects shall be expressly and deemed to be excluded; and

(iv) all implied terms and warranties within the definition of the Sale of Goods Act 1957 and/or other such other applicable laws in Malaysia shall be expressly and deemed to be excluded as well.

Therefore, you hereby acknowledge and agree that upon your confirmation, acceptance and execution of any related contractual documents entered into between you and the Seller signified that you are well aware of the condition or state of the Item that you have purchased, including any risks and/or potential risks associated thereof.

9. LIMITATION OF LIABILITY

9.1 The Company (including its directors, employees, representatives, agents, parent company and affiliates) shall not be liable to you in contract, tort, equity, negligence, breach of statutory duty or otherwise pursuant to or in connection with the Platform, Item and this Terms for any of the following, whether arising directly or indirectly and the Company expressly disclaims and excludes to the fullest extent permitted by law: –

(a) any consequential, indirect or incidental damages of any kind whatsoever, including injuries or death;

(b) any special, exemplary or punitive damages of any kind whatsoever; or

(c) any loss due to business interruption, loss of income, loss of profits, loss of anticipated revenues or savings, loss of goodwill, loss of data or loss of value of any equipment.

9.2 The Company shall not be a party to any communications nor disputes arising from the transactions or processes between the Buyer and the Seller.

10. INTELLECTUAL PROPERTY

You do not possess any legal rights, interests or titles over the Intellectual Property or software in connection to the Platform in any way belonging to the Company or any third party(ies). Further, you shall not be entitled to use, adopt, modify or reproduce (whether in written, electronic or any other manner) any Intellectual Property that are being displayed on the Platform belonging to the Company or any third party(ies). You shall immediately inform us if you are aware of any infringement in relation to the Intellectual Property.

11. INDEMNIFICATION

You undertake and agree to indemnify and hold the Company (including its directors, employees, representatives, agents, parent company, and affiliates) harmless from and against any and all claims, demands, actions, damages, losses, costs, charges, liabilities and expenses (including solicitor’s fees and costs) for any breach of usage of the Platform and violation of terms and conditions of this Terms.

12. GENERAL REPRESENTATION AND WARANTY

You represent and warrant that: –

(a) your usage of the Platform will be in strict accordance with this Terms and all applicable laws and regulations regarding online conduct, acceptable content and all applicable laws on the transmission of technical data exported from Malaysia or the country in which you reside in; and

(b) your usage of the Platform will not infringe or misappropriate the intellectual property rights of any third party.

13. PRIVACY POLICY

13.1 Your information, data and details collected in this Platform is subject to the terms and conditions of this Terms. The Company collect the information such as Click-stream data, cookies, HTTP protocol elements, and Search terms for the following purposes: –

(a) completion and support of the current activity;

(b) website and system administration; and

(c) research and development.

13.2 Any personal information (device information and order information) that we collected to: –

(a) communicate with Users;

(b) screen/filter advertisements and orders for potential risk or fraud; and

(c) provide Users with information or advertising relating to advertisements.

13.3 The Company do not share any personal information with third parties without the written consent and permission from Users and except for the following purposes: –

(a) with our agents and contractors for the purposes stated in Clause 13.2; and

(b) to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive or to otherwise protect our rights.

14. TERMINATION

The Company reserves full rights to terminate your Account or any transaction(s) at any point of time without giving prior notice arising from the following scenarios: –

(a) the User materially defaults or commits any material breach of its obligations under this Terms;

(b) it is in the opinion of the Company that the User attempts to make or have made, a fake order;

(c) it is in the opinion of the Company that the User uses the Platform fraudulently, illegally or for unlawful process, or may cause harm to the Platform, or abuse any feature or promotion of the Platform; or

(d) the User is engaged in any activity or does any act or suffers any change in circumstances which in the opinion of the Company might adversely affect the Company in any matter.

15. INDEPENDENT OPERATIONS

You hereby acknowledge and agree that the Company conduct its business as an independent proprietor under its own name or a registered business owned and controlled by the Company and not as a partner, representative, agent or employee of the Seller and nothing in this Terms shall be deemed or construed to constitute partnership, employment, agency or joint venture or any such collaborative relationship between Company and the Seller.

16. VARIATIONS

The Company has absolute discretion to modify, revise or amend any part of this Terms periodically for changes to ensure this Terms is up-to-date. For clarification purpose, such variations shall become effective on its effective date which we will update on our Platform and therefore you are encouraged to visit our Platform regularly for latest updates. This Platform may also offer and add new features through this Platform. Such new features and/or services shall be subject to the terms and conditions of this Terms. Therefore, by continue accessing and browsing our Platform, you are deemed to have unconditionally accepted such variations or additions and you shall be bound by the same.

17. ASSIGNMENT

The provisions of this Terms and all rights and obligations hereunder are personal as to the parties hereto and no party hereto shall assign nor attempt to assign any such rights and obligations or the benefit of this Terms unless with the prior written consent of the Company.

18. SEVERABILITY

Any term, condition, stipulation, provision, covenant or undertaking in this Terms which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, prohibit or unenforceable any other term, condition, stipulation, provision, covenant or undertaking herein contained.

19. GOVERNING LAW

This Terms shall be governed by the laws of Malaysia and shall be subject to the exclusive jurisdiction of the courts in Malaysia.

Kindly refer to our FAQ section or if you need more information, please contact us here!