AUTONEST Sdn. Bhd., (“AUTONEST”) welcomes you (“you”) to its website and mobile applications (“AUTONEST”), (collectively the “Site”).
References to the Site are deemed to include derivatives thereof, including but not necessarily limited to websites and applications, whether accessed by mobile phone, tablet or other device.
These terms and conditions (the “Terms“) govern your access to and use of the Site. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with AUTONEST. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site.
“We,” “us,” “our” and “AUTONEST” refer to AUTONEST Sdn. Bhd., (“AUTONEST”) a company incorporated in Malaysia.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile.
“User Content” means Content that users submit or transmit to, through, or in connection with the Site.
“AUTONEST Content” means Content that we create and make available in connection with the Site.
“Third Party Content” means Content that originates from parties other than AUTONEST or its users, which is made available in connection with the Site.
“Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and AUTONEST Content.
B. LICENSE TO USE THE SITE
1. Unless otherwise stated, AUTONEST and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
2. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site.
3. We grant you permission to use the Site subject to the restrictions in these Terms and elsewhere in these terms and conditions. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
4. You may view, download for caching purposes only, and print pages or OTHER CONTENT from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
5. You must not:
• republish material from this Site (including republication on another website);
• sell, rent or sub-license material from the Site;
• show any material from the Site in public;
• reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
• edit or otherwise modify any material on the Site; and
• redistribute material from this Site except for content specifically and expressly made available for redistribution.
• reverse engineer any portion of the Site.
6. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
C. ACCEPTABLE USE
1. You must not use this Site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2. You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
3. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without AUTONEST’s express written consent.
4. You must not use this website to transmit or send unsolicited commercial communications.
5. You must not use this website for any purposes related to marketing without AUTONEST’s express written consent.
6. Restricted access - Access to certain areas of this website is restricted. AUTONEST reserves the right to restrict access to other areas of this Site, or indeed this entire Site, at AUTONEST’s discretion.
7. If AUTONEST provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.
8. AUTONEST may disable your user ID and password in AUTONEST’s sole discretion without notice or explanation.
D. USER CONTENT
1. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose.
2. You grant to AUTONEST a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to AUTONEST the right to sub-license these rights, and the right to bring an action for infringement of these rights.
3. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or AUTONEST or a third party (in each case under any applicable law).
4. You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5. AUTONEST reserves the right to edit or remove any material submitted to this Site, or stored on AUTONEST’s servers, or hosted or published upon this website.
6. Notwithstanding [ ]‘s rights under these terms and conditions in relation to user content, AUTONEST does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
E. STAR RATINGS
1. The star or other denoted ratings (“star ratings”) are provided for your information only. The star ratings are based on information we have received from our users, and may take into account the facilities, rates, reviews, and services.
2. Star ratings may be unrelated to any other ratings assigned by government authorities. We do not independently verify star ratings.
3. A star rating is only indicative of the level of comfort you can expect to find, with a higher star rating generally being indicative of a higher level of comfort and amenities.
4. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular city is not comparable to the same star rating in another city due to such circumstances.
5. Star ratings do not necessarily reflect all the amenities or services that might be available, and some amenities and features may not be available with a particular star rating.
F. NO WARRANTIES
1. This Site is provided “as is” without any representations or warranties, express or implied. AUTONEST makes no representations or warranties in relation to this website or the information and materials provided on this Site.
2. Without prejudice to the generality of the foregoing paragraph, AUTONEST does not warrant that:
a. this Site will be constantly available, or available at all; or
b. the information on this Site is complete, true, accurate or non-misleading.
3. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional
G. THIRD PARTIES
1. The Site may include links to other websites or applications (each, a “Third Party Site”).
2. We do not control or endorse any Third Party Site.
3. You agree that we are not responsible for the availability or contents of such Third Party Sites.
4. Your use of Third Party Sites is at your own risk.
H. OTHER PARTIES
1. You accept that, as a limited liability entity, AUTONEST has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AUTONEST’s officers or employees in respect of any losses you suffer in connection with the Site.
2. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this site disclaimer will protect AUTONEST’s officers, employees, agents, subsidiaries, successors-in-title, assigns and sub-contractors as well as AUTONEST.
You hereby indemnify AUTONEST and undertake to keep AUTONEST indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AUTONEST to a third party in settlement of a claim or dispute on the advice of AUTONEST’s legal advisers) incurred or suffered by AUTONEST arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
AUTONEST respects your privacy. We want to make use of individual identifying information that you provide to us for purposes of serving you better. "Individual identifying information" is information that enables us to identify you, such as your email address, name, title and address. AUTONEST uses the individual identifying information in order to personalise your experience on our website and also to be able to selectively send you communications that may be of interest to you, either electronically or otherwise.
AUTONEST’s policy regarding use of your individual identifying information supplied to us or collected via your experience at our online Site covers these areas:
1. Notice and Disclosure
This Online Privacy Statement is made available to you in order to make you aware of how AUTONEST collects and uses individual identifying information of visitors and or users to AUTONEST’s Site.
AUTONEST collects the following information regarding visitors and or users to our Site: domain name, name, information regarding what pages are accessed, information volunteered by you, such as survey information, email address, or site registrations, and your preferred means of communication.
AUTONEST does make individual identifying information available to third parties, including business partners, for marketing purposes. AUTONEST also uses such information to contact people for marketing purposes.
New registrants to the Site have the choice to opt out of having individual identifying information provided in the registration process used for any purpose unrelated to the purpose for which the information was provided to us. We are working on ways to enable you to communicate to us that your individual identifying information should not be used for additional purposes.
When you sign up for an email list, you will be given instructions at that time on how to remove yourself from that list.
Access to certain of AUTONEST’s Site requires a login and password. Your individual identifying information may be retained by AUTONEST to verify compliance with the log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on website.
3. Data Security
AUTONEST is committed to taking reasonable steps to protect the individual identifying information that you provide to us.
4. Data Quality and Access
The accuracy of your individual identifying information is important to AUTONEST. We are working on ways to make it easier for you to review and correct the information that AUTONEST maintains about you. Registered Site users can review their individual identifying information by accessing the Site with a username and password.
A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.
If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.
K. Payment - Credit Card - Age - Fraud
2. To complete payment for such payment, you authorise AUTONEST (or a company acting on our behalf) to charge or debit your Payment Instrument for the full price. When making payment, please ensure that your Payment Instrument is valid and has sufficient credit on the payment date. We will process refunds, if and when applicable, within a reasonable timeframe. You also authorise the crediting to your Payment Instrument in case of reversals, refunds, or adjustments through the service which facilitates the processing of payment transactions. Please note that your bank may impose additional fees on the transaction, over which AUTONEST has no control.
3. Certain Payment Instrument companies charge their member banks a fee for processing "foreign transactions". If you make card transactions and the recipient uses a bank located in a different country other than the bank which issued your card, an international service assessment, cross-border transaction fee or similar fee may be charged. Your issuing bank may or may not pass this fee on to you (the card user). Please contact your issuing bank for details as this is outside the control of AUTONEST.
4. All payment for product and/or service is final.
5. We will assess refund on their merits. There is generally no obligation to provide a refund in the situation like the following:
a. you have changed your mind; or
b. you bought by mistake.
6. In the event of Payment Instrument fraud or unauthorised use of your Payment Instrument by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent payment was made via AUTONEST, please contact our Customer Service team immediately.
7. In order to make a booking you must be over 18 years old (or such other age at which majority is reached in your country or territory) and have the full legal capacity to make the transaction (or have the authorisation to do so from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorised to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.
9. We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the payment. A small verification charge or pre-authorisation may also be made to your card. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the payment will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded
10. A word about failed payments
For a variety of reasons, payment on the Site may fail. In such cases, AUTONEST will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department
L. DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SITE TO YOU. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
1. AUTONEST WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS OR OTHERWISE) IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS SITE:
a. TO THE EXTENT THAT THE SITE IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS;
b. FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR
c. FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
2. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
M. CHOICE OF LAW
1. This agreement shall be governed by and construed according to the laws and jurisdiction of Malaysia, as well as any claim, cause of action or dispute that might arise between you and AUTONEST (a “Claim”), without regard to conflict of law provisions.
2. In the event of a dispute, AUTONEST agrees to a friendly mediation to resolve it. If mediation is not successful, then we agree to binding arbitration to be conducted in Johor Bahru, Malaysia.
3. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF COURTS LOCATED WITHIN MALAYSIA.
1. By using this site, you agree that the disclaimer and limitations of liability set out in this Site are reasonable.
2. If you do not think they are reasonable, you must not use this Site.
O. BREACH OF TERMS AND CONDISTIONS
Without prejudice to AUTONEST’s other rights under these terms and conditions, if you breach these terms and conditions in any way, AUTONEST may take such action as AUTONEST deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.
1. AUTONEST may transfer, sub-contract or otherwise deal with AUTONEST’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions, but may be assigned or transferred by us without restriction.
1. AUTONEST may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site.
2. We will also indicate at the top of this page the date that revisions were last made.
3. You should revisit these Terms on a regular basis as the revised version will be binding on you.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
T. GENERAL TERMS
1. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
2. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
3. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
4. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
5. Any failure on AUTONEST’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
6. The section titles in the Terms are for convenience only and have no legal or contractual effect.