Terms & Conditions of Use
These Terms and Conditions govern the use of Veehiq vehicle and vehicle-related advertising and inventory system (“System”) by you and your permitted users (“User or Users”) and as provided by Ukuya Sdn Bhd or its affiliates (“Ukuya”) We may modify these Terms and Conditions from time to time and all Users’ continued use of System shall mean the continuing consent and acceptance by Users to the prevailing Terms and Conditions including any modifications to the collective Conditions defined herein.
In these Conditions as defined below, "we", "us" or "our" means Ukuya. When we refer to "Ukuya" this also includes the website located at veehiq.com domain or any other domain names and all other Ukuya platforms including mobile and tablet and any other apps owned and operated by us.
“You” means you the User or your
permitted Users using your account.
PROVISION by UKUYA
- We grant you, whether as individual or corporate entity, a limited licence by way of your User account to access the applicable Ukuya online vehicle-related advertising and inventory management and application (“ System”) with its available functions and features, and such functions and features or part thereof may be upgraded, added, amended or removed from time to time and subject to the Conditions at all times.
- Additionally, we may relate or link any or all applicable Ukuya applications or platforms, online or offline functions and features to the System whether provided by Ukuya or third parties (“ Network”) together with linked content, directory, advertisements, product and service listings and offers, data, valuations, other Internet links, information or materials etc. as provided by Ukuya or third parties (“ Content”). We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Network or Content or on any web site that links to or from the Network.
OUR AGREEMENT WITH YOU
- Your access or continuing access to the System, Network or Content is governed by these Terms and Conditions as set out and the terms and conditions of your subscribed account as provided or packages subscribed by you (collectively “Conditions”).
- These Conditions apply to any use or part use of the System or Content by all users without any exception and together with all other policies and terms posted on the Ukuya Website, set out the terms on which we enter into an agreement with you (“Agreement”) to provide you with access and use of Ukuya computing platforms, applications and services (“ Services”).
- You acknowledge that you must agree to the Conditions before accessing or using the System and Services.
- Services are available only to:
- Individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under Malaysian law;
- Registered companies or business entities; and person authorising the use of Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity including its employees or affiliated persons to the terms and conditions set out in the Agreement.
By using the System at any time in whatever manner, you are deemed to have accepted these Conditions personally responsible for your use of the System and Services in your capacity of use and wholly at your own risk and within the laws and regulations of Malaysia.
We have the right to modify, update or amend the Conditions at any time by the posting of such modifications, updates or amendments of Conditions to the System or Network. If the User continues to use the System or Services after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. The prevailing Conditions may also be requested at any time by User by contacting us at the email or address provided.
In the event the you do not agree to the amendments, you shall immediately discontinue the use of the System and/or Services.
For the avoidance of doubt, any breach of Conditions or unauthorised use of the System, Services or Network immediately terminates the licence of use granted. Any restoration in part or in whole of this licence, shall be at the sole discretion of Ukuya.
YOUR ACCOUNT and USE
- Your Information and account may not be transferred or sold to another except if otherwise permitted by us. We reserve all rights to cancel your account if we have reasonable grounds to believe that this transfer has taken place.
- You are solely responsible for any use of your account or the accuracy of any data or the information input by you or your permitted Users on your account.
- You may post any item for the appropriate product category for sale (“ Posting”) using the System and your account, and subject to Conditions at all times.
- If we accept your Posting, we aim to process and publish Postings online as supplied as soon as possible subject to our internal processes which may vary from time however we cannot give any guarantees regarding time to Posting.
- Postings placed using the System will appear on the Network, including desktop, mobile and tablet and may also be featured on third party partner sites.
- In the event that a Posting has been rejected for publication, we will attempt to contact you to explain why your Posting has been rejected.
- You may not in any way use the System or
Services or cause to publish on the Network any data or information
- infringes any intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party, or contents that the User does not have a right to make available under any law or under contractual or fiduciary relationships
- can cause any damage or loss to any person including but not limited to products that contains a defamatory statement
- violates, or is illegal under any applicable law, statute, ordinance or regulation.
- is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to any persons in any way
- is pornographic or depicts a human being engaged in any sexual conduct
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of political affiliation, religion, gender, sexual orientation, race, ethnicity, age, or disability
- impersonates any person or entity, including, but not limited to, our employees, directors, officers or agents, or falsely states or otherwise misrepresents the User’s affiliation with a person or entity
- includes personal or identifying information about another person without that person's explicit written consent
- is false, deceptive, misleading, deceitful, mis-informative, or constitutes ‘bait and switch’
- constitutes or contains selling schemes illegal or otherwise including, but not limited to, affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement
or contains any forms of advertising or solicitation if:
- posted in areas of the Site which are not designated for such purposes; or
- emailed to Users who have requested not to be contacted about other services, products or commercial interests;
- includes links to commercial services or websites, except as otherwise expressly allowed
- advertises any illegal services or the sale of any products or services which is prohibited or restricted by any applicable laws
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, copy, re-route or limit the functionality of any computer software or hardware or telecommunications equipment
- interferes with, or disrupt, (or attempt to do so), the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of contents in such a manner as to interfere with or create an undue burden on, or that otherwise negatively affects or denies other users' ability to use, the Network
- creates liability for Ukuya or causes Ukuya to lose, in whole or in part, the provision of System and Services to any User for use;
- forges or employs misleading email addresses, or forged headers or otherwise manipulated identifiers to send altered, deceptive or false source-identifying information or to disguise the origin of contents transmitted through the Network
- downloads or copies account information for the benefit of yourself or any third party;
- accesses or searches or attempts to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Ukuya (and only pursuant to those terms and conditions), unless otherwise permitted in writing by Ukuya;
9. You agree not to, whether directly or indirectly through or from our System, Services and Network:
- stalk or harass anyone or contact anyone who has asked not to be contacted
- collect personal information about other Users for commercial or unlawful purposes
- post non-local or otherwise irrelevant contents, repeatedly post the same or similar contents or otherwise impose an unreasonable or disproportionately large load on the System or Network
- collect and use any product listings, descriptions, or prices;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access, tamper with, or use any area, public or otherwise, of System or Services, our computer systems, or the technical delivery systems of our providers;
- use automated means, including data scraping, spiders, robots, crawlers, data mining tools, data gathering, data extraction or by any means to query, access, retrieve, scrape, mine, generate, compile or copy or reproduce any Content unless expressly permitted in writing by us
- attempt to gain unauthorized access to our systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the System, Services or Network
- make use in any other way the system, data or content of the System, Services and Network
- You acknowledge and agree we reserve the right to immediately remove you or any User using your account and any content whatsoever which we deem to be in violation of the above, or breach of any Conditions, at our sole discretion and without any prior notice.
DATA PROTECTION & POSTING DATA
- You own all of the content and information, and you control the use of this by choosing to use the features to use with our System and Services.
- For content that is covered by intellectual property rights, you specifically give us the following permission, subject to your application settings and use of System and Services features requiring the sharing of various data as required for each feature, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you share when you use the applicable features. This IP License ends when you delete your IP content or your account unless your content has been shared with other Users, and they have not deleted it, within or outside our Network.
- By clicking to post an item for sale on the System, you are requesting that your item appears for sale on the Network. This means that the Posting and all sale information contained for publishing within it can potentially be viewed by all persons with internet access throughout the world upon the subsequent posting, and such views may continue to be accessible after the Posting has been withdrawn from the System or Network due to archiving or recording by third party Internet websites or services not affiliated or associated in any way with Ukuya. You understand and consent to the publication of your data in this way for Postings.
- The System, Services and Network has communication and functional systems within them through which Ukuya and all Users may communicate, view or access electronically by Ukuya or Users and displayed in various forms as applicable for the functions residing with the System, Services or Network. You acknowledge that these functions form part of the System and Services and accordingly consent to the use of your data being used in such manner by the use, or participation in, of such functions.
- When you delete any content, you understand that the removed content may persist in backup or cached copies for a reasonable period of time but will not be available to others from our System, Services or Network.
- We may communicate with you by email, SMS or by posting notices on the Network. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- You acknowledge and agree that Ukuya is legally bound to provide any information if officially requested for disclosure by, and to, any government or statutory body pursuant to the applicable laws for that country.
- If Posting is for a vehicle, each Posting may only feature one vehicle. If you have more than one vehicle to sell, you will need to post as a separate item for each vehicle.
- We are only able to display one Posting for each vehicle at any one time.
- We reserve the right in our sole discretion not to include a photograph in any Posting.
- You are solely responsible for uploading any photographs which form part of your Postings unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs you upload or provide to us.
- Photographs which form part of the Posting may be checked by us to ensure that the content meets the following requirements: -
- must not contain nudity, profanity, pornography, drug use, violence, attacks on individuals or groups (including sexist, racist, defamatory or homophobic material), obscene material, copyrighted material including music or radio audio, material that could be considered dangerous or encourage others to be dangerous.
- must not contain individuals that can be personally identified.
- show only the specific and exact product for the item being sold and not any other products.
- If a photograph in your Posting does not meet the above requirements, we reserve the right not to publish or to remove the photograph, or to remove the Posting in its entirety from the System or Network.
- You warrant that:
- you are a resident or your company is incorporated in the country specified in your account or Posting
- you have the right to sell the item you posted for sale
- the information contained within the Posting is a true and accurate representation of the actual product to which it relates and if a vehicle, any statement made in relation to the year, registration details and mileage of the vehicle is true and accurate
- the Posting has consistent and accurate pricing throughout (in both the selling price and the description)
- if Posting is for a vehicle, the vehicle you post for sale does not relate to a vehicle that is a non-declared write-off
- you will not act fraudulently and are able to and will deliver the exact product as specified in the Posting if lawfully bought from you
- all data, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the Code of Advertising practices, all other relevant codes under the general supervision of the advertising regulatory bodies and all current relevant laws and regulations or in contravention of Conditions
- the publication of the Posting by us will not breach any contract, infringe any third party intellectual property rights or other rights; render Ukuya or any other company liable to any proceedings; and/or cause a detriment to, or impair our reputation and/or the reputation of Ukuya or any other associated company
- you will not upload any files to Ukuya containing any virus or malicious software of any form
- the Posting complies with Conditions at all times
- you are solely responsible for, and shall fully indemnify us against all claims, liabilities, damage, proceedings, costs and expenses incurred by us resulting from or related to any untrue statement or inaccurate or unlawful data, information or content input by you or your permitted Users.
OUR RIGHTS AND OBLIGATIONS
- We provide the System and Services with all reasonable care and skills in a professional and timely manner, however you use the System, Services and Network at your risk.
- The System and the Services are provided ‘as is’ and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
- From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any provision of services however we cannot be responsible or liable in any way for any disruption caused by interruptions in our services for whatever reasons.
- We will use reasonable endeavours to remedy System or Network faults or errors as soon as possible. You acknowledge and accept that once a fault or error has been reported to us, it may take time for us to investigate and rectify the problem.
- We may, but have no obligation to, monitor or control, your use of System and Services for operational, security or improvements purposes however we shall not be responsible for your use of account or any content input by you or your users under your account which you agree is your sole responsibility.
- We reserve the right to refuse any services in whole or in part, terminate accounts or User access, remove or edit any content, or cancel orders at Ukuya’s sole discretion or which in our opinion are, including but not limited to, unlawful, breaches advertising code guidelines, or are in breach of these Condition.
- We reserve the right to respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time; and for any other technical or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication or editing but we are under no obligation to do so.
- We cannot provide any warranty in relation to any goods or services advertised for sale on the Network by third parties including, but not limited to, any representation or warranty that the goods or services are of sellable quality, fit or safe for the purpose intended, as represented or described by the seller.
- We provide for advertisements and promotions on the Network and the manner, mode and extent of advertising and promotions shall be at our sole discretion and may be varied from time to time by us without prior notice.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Network, including any payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertising or promotions whether directly or indirectly on the Network.
- We may vary the technical specifications of Services, or any parts of, for operational or security purposes or any other reason at any time without any notice.
INTELLECTUAL PROPERTY RIGHTS
- In respect of any materials which you input into the System as it relates to Postings (" Materials") and subsequent use or associations with these items for sale postings, you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials or associated activities for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
- You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or otherwise) in any software, user interfaces, system design, copy, text, artwork, photographs or any other property or materials which we have created and/or in any way altered for you in connection with the Posting including any part of the System or Network shall wholly and exclusively belong to us or the rightful property owner including after termination of your use of System or Services, or of this Agreement and shall be fully protected to the full extent of the applicable copyright and property laws.
- You acknowledge that all trademarks not owned by us that appear on the Network are the property of their respective rightful owners, who may or may not be affiliated with, connected to, or sponsored by us.
- You are strictly prohibited from using any logo or any proprietary graphic or trademark forming any part of the System or Network, and which may not be used, copied or reproduced without express written permission from the rightful owner at all times.
OUR RIGHT TO TERMINATE CONTRACT AND POSTINGS
- We are entitled to terminate the Agreement with you with 7 days notice for cause.
- We may suspend or terminate the Agreement immediately without prior notice and remove any of your Postings at our sole discretion where:
- you breach a term of these Conditions or we reasonably suspect that you are not complying with the Conditions
- your Posting specifies a selling price which is misleadingly lower to the actual effective selling price
- you place a Posting for one item and modify the Posting details to sell multiple other items
- you place items for sale for which you have no legal right to sell or which are unsafe to be sold
- you continue to place an item for sale after having sold the item
- you are a private seller masquerading as a trade seller or vice-versa
- if in our reasonable opinion, we have reason to believe that you have been abusive to other Users or we receive a complaint from a third party regarding your conduct in the sale of an item in your Posting
- any law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of services to you
- you or your company have been declared bankrupt or convicted of any criminal activities.
- We are not liable for any, including but not limited to, claims, demands, all costs and expenses, actual and consequential damages incurred by you upon termination of Agreement or Postings under this Condition.
YOUR RIGHT TO TERMINATE
- Any Posting can be withdrawn at any time by you, for example to avoid unwanted responses or if item has been sold.
- You may terminate the use of the System at any time by submitting a notice to Ukuya in writing.
- Upon receipt of your notice, Ukuya reserves the right to immediately terminate all user access to the System and all Postings under your account however we may be unable to remove any Postings immediately which are outside our control or connected to other linked or integrated data or functions for example meta-data or search data.
- You agree that any questions, issues or complaints regarding any item posted in your Posting will be solely our responsibility only and that we do not have any liability or input in this regard to you.
- We do not guarantee that by placing a Posting on the Network, you will sell the item in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can post your item for sale or manage your inventory within the Services as provided.
- We are not, or will be, associated in any way to any sale that may occur upon your Posting, and will not be liable or responsible under any contract for the sale of your item which you might enter into with any party unless otherwise agreed in writing with Ukuya.
- We provide the System, Services and Network as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We do not monitor nor provide any warranty in relation to any content, information, links to websites, other websites input by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit or safe for the purpose intended, as described by any sellers and you acknowledge that any reliance by you of such content or information is fully at your own volition and risk.
- No refund, amendment or adjustment to any applicable charges will be made where in our sole opinion, the error or omission does not materially detract from the Posting or where it arises as a result of incorrect or inadequate information provided by you.
- Although we provide Conditions for usage of our System and Services, we do not control or direct Users' actions and are not responsible for the content or information users input or share. We are not responsible for the conduct, whether online or offline, of any User.
- We are not liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairment which may affect the System or Services or your use of System or Services, or may negatively affect your computing assets.
- We are not liable to you for any failure to perform our obligations to you as a consequence of disasters or incidents, whether natural or man-made, beyond our control.
- We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement, even if we have been advised of the possibility of such damages.
- If anyone brings a claim against us related to your actions, content or information on the Network, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims.
- Our rights and obligations under these Conditions may be transferred by us to another Ukuya affiliate or to a third party and we will notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
- Each paragraph of these Conditions operates separately within these Conditions. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.
- If we fail to, or delay to, insist that you perform any of your obligations or to enforce our rights under these Conditions, this does not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations or any other obligations. If we do waive any specific obligation by you, we will only do so in writing and that will not mean that we will automatically waive any further or later default by you for this obligation or any other obligations.
- These Conditions form an Agreement between you and us. No other person shall have any rights to enforce them.
- You and Ukuya are wholly independent of each other, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- If you have a dispute, claim and/or action against one or more other Users, you agree that such disputes is wholly between Users only, you will not include and will fully release Ukuya, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, all costs and expenses, actual and consequential damages arising out of or in connection with such disputes.
- The following Sections survive any termination of the Agreement: Release, Use of Site Content, Exclusion of Liabilities and Indemnity.
- These Conditions are governed and construed by the laws in Malaysia. This means that the Agreement between you and us, and any dispute or claim arising out of it will be governed by Malaysian law.
- By e-mail: firstname.lastname@example.org; or
- By: pre-paid post or hand delivery: Veehiq Customer Services 13 Lorong 8/3G,off Jln Penchala, Petaling Jaya 46050, Selangor, Malaysia.
- If we have to contact you or give you
notice in writing, we may do so by e-mail, or by pre-paid post to
the address you provide to us at the time you placed the advert.