TERMS & CONDITIONS OF USE

Effective Date: 28th June, 2021

Welcome to “CARMAX”! Carmax is a Premium Car Maintenance Service Platform for membership only. Terms and Conditions of Use (the “Agreement”) set forth herein is the legal binding terms and conditions governing the access and use of the services (the “Services”) offered by Versatile Maxim Sdn Bhd (Company No.: 202101007058[1407357-M]) (hereinafter referred to as “the Company” or “we”), the proprietor of both the Mobile Application under the name of “CARMAX” and the full and mobile versions of the website known as www.carmax.asia owned and maintained by the Company. Both the Mobile Application and full and mobile versions of the website are referred to collectively in this Agreement as the “Carmax Site”. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Carmax Site) or a “Member” or a “User” (which means that you have made a purchase of the service package offer by the Company, to be defined later). The term “User” refers to a Visitor or a Member (including both Premium member and normal member). You may only use the Services if you agree to abide by all of the provisions of this Agreement and all applicable laws related to the use of the Carmax Site, so please carefully read, understand and review this Agreement. If you do not agree to the terms of this Agreement, you should not visit the Carmax Site nor use the Services.

1. Duration

1.1 The validity of “Carmax” membership is for a period of eighteen (18) months. The commencement date is from the date of registration with full payment is made by the member through Carmax Mobile App or our official website www.carmax.asia (hereinafter referred to as “the Membership Validity Period”)

2. The Services

2.1 The are three (3) types of package available for Members/Users and the details of each package including the package price is listed in the following :- 

2.1.1 Standard Package – RM1,180.00

     – 1500cc & below for Local and Asian Car only;

2.1.2 Premium Package – RM1,980.00

    – 2500cc & below for Local and Asian Car only;

2.1.3 Luxury Package – RM2,480.00

  – 3500cc & below for Local and Asian Car only

 

Continental car subject to surcharge of RM500.00

(RM2,480 + RM500 = RM2980.00, only certain models available)

(hereinafter collectively referred to as “the Service Package”). Details of the Service Package refer to our official website : www.carmax.asia. The Company reserves the right to change and/or vary the Service Package stipulated above in its sole discretion.

Importance Note : vehicle model not listed in the “Carmax” mobile app or website : www.carmax.asia, please call our Careline at  +6016-2322358, for enquiry and purchase. Please take note that those vehicles registered before year 2010, are not allowed and not entitled to enroll and join this program, unless special approval is obtained from the Company.

Important Note : The products use in the Service Package is based on the availability and production by the manufacturers and it is subject to change at the sole discretion of the Company. The quality of the products changed or replaced in the Service Package is similar or equivalent to the qualify stipulated herein contained.

2.2 Redeeming the Service Package

2.2.1 Member/User can redeem the Service Package via Carmax Mobile App booking platform and member/user can search for the nearest panel workshop which is convenient to the Member/User.

2.2.2 Member/User is allowed to do pre-booking using Carmax Mobile App. The booking reservation need to book in advance at least two (2) days before services.

2.2.3 Member is allowed to reschedule their booking or choose another nearby Workshop to perform the services of their vehicle, in the event the Workshop is unable to attend or the intend booking time is taken up.

2.2.4 When make booking Service via Carmax Mobile App platform, the members/users grant their consent and authorize Carmax to collect and transfer the member’s/user’s confidential information to panel Workshop with member/user details including car registration number, model, phone number etc, for the purpose of verification and confirmation. Carmax will not be held responsible for any misuse of the information by the panel Workshop.

2.3 The Member/User shall redeem the Service Package within the Membership validity Period, failing which any unredeemed service therein contained, as the case may be, shall be forfeited by the Company without any notice and without any compensation to the member/user.

2.4 The amounts payable pursuant to Clause 2.1 above, as the case may be, will not be refunded in case of cancellation or request for refund by any reason whatsoever. The Company warrant to member/user that the Service Package purchased by them, will be provided by the panel Workshop and to be completed within the Membership Validity Period.

2.5 The Company will deposit the total costs for the Service Package to the Stakeholder (define later) to hold the same and only release to the respective workshop upon completion of each service conducted as requested by member/user. The Stakeholder can be a Legal Firm or a Trust Company or any reliable entity appointed by the Company to ensure the performance for the entire Service Package.

2.6 Any specific promotional offers may have their own terms, conditions, and limitations including but not limited to membership tiers, program status, and prior booking activity. The Company reserves the right to retract a bonus and/or discount at any time if it detects fraud, stacking of bonuses, technical errors, cancel/rebooking activity, or any deceptive behaviour attempted to circumvent the limits expressed in the rules of the promotion including the creation of multiple user accounts.

3. Careline

The Company provide a member/user Careline, i.e Number : +6016-2322358 for inquiry and/or for clarification or complain about the panel Workshop regarding services.

4. Changes To The Agreement Or Services

4.1 The Company reserves the right at any time to revise the terms and conditions of this Agreement by updating this posting and changing the effective date indicated above. The Member/User who visited Carmax Site or use the Service Package provided herein shall be bound by any such revisions and/or amendments.

4.2 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service Package (or any part thereof) with or without notice. The User agrees that the Company shall not be liable to the User or to any third party for any modification, suspension, or discontinuance of the Service Package.

5. Privacy Policy

5.1 The use of this Carmax Site is governed by the Company’s Privacy Policy, and Personal Data Protection Act 2010, incorporated into this Agreement.

6. Limited Liability

6.1 The terms herein contained are subject to any statute, law and/or regulation currently in force in Malaysia. To the maximum extent permitted by law, and other than as expressly set out herein, the Company shall not be held liable for any loss, damage, liability, expense, cost, charge, injury or death sustained or incurred by the member/user or any other party resulting directly or indirectly out of:

      1. The supply, performance or use of the Service Package; or
      2. Any breach by the Company under this Agreement including as a result of any act of God, pandemic, contagious viruses, governmental, or other administration act or omission, industrial disputes, shortage of workers or any other matter beyond the company’s control;
      3. The Company’s and/or Service Provider and/or panel Workshop negligence or that of its employee or contractors; The Service provider mean any party or company or corporation appointed by the Company to assist in performance of the Service Package and/or any matter related therefrom;
      4. Any failure or delay in attending to the member/user by the Company / Service Provider or the panel Workshop.

6.2 In no event the company will be liable for loss or damage (whether direct or indirect) of profits, revenues, use, production, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever.

6.3 The company is not assuming liability and therefore shall not be liable to the member/user for any loss, personal injury or property damage sustained by member/user as a result of engine oil, parts or equipment failure, or any other cause, whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by the Company’s or Service Provider or panel Workshop negligent performance, failure to perform any obligation. The member / user shall release the Company from any claims for contribution, indemnity or subrogation.

7. Use Of Copyrighted Materials/Trademarks

7.1 The content and information on the Carmax Site (including, without limitation, price and availability of the Service Package), as well as the software and infrastructure used to provide such content and information, and all intellectual property rights related thereto, is proprietary to the Company or its Affiliates, Suppliers, Service Providers and Workshops (‘the Partners’).

7.2 Any materials on this Carmax Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”), and all intellectual property rights related thereto, may be copyrighted materials owned by or licensed to the Company or its Partners. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by the Company and its Partners, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners and are protected by law, whether or not appearing with a trademark symbol. Except as otherwise noted on the Carmax Site, Member/User are hereby authorized to view, cache, and print the Materials, subject to the following conditions: (1) any copy of the Materials or portion thereof must include the Company copyright notice; and (2) the Company reserves the right to revoke such authorization at any time, and any such use by the Member/User shall be discontinued immediately upon notice from the Company.

7.3 Except as specifically authorized by the Company, Member/User may not deep-link to the Carmax Site for any purpose or access the Carmax Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Carmax Site or any information, content, or material contained on the Carmax Site. Member/User may not frame any pages of the Carmax Site or any content contained therein, whether in whole or in part, without the consent of the Company. The Company reserves all of its statutory and common law rights against any person or entity who violates this paragraph.

8. Links To Carmax Site

8.1 Member/User are granted a limited, non-exclusive right to create a “hypertext” link to this Carmax Site provided that such link does not portray the Company or any of its other products or service in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. Member/User may not use, frame, or utilize framing techniques to enclose any of the Company trademark, logo or trade name or other proprietary information including the images found at the Carmax Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of the Company.

9. Registered User Accounts, Passwords And Security

9.1 Certain areas of the Carmax Site may be password-restricted and require you to become a Registered Member/User before they can be accessed. Member/User agrees to maintain the confidentiality of your username and password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. Member/User agree to immediately notify the Company regarding any unauthorized use of your password or any other breach of security. Member/User agree that the Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

10. User Content Submissions

10.1 The Company social media sites may allow member/user to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by the Company; that member/user will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that members/users are under a contractual obligation to keep private or confidential; that member/user will not impersonate any person or organization, including without limitation, the personnel of the Company, or misrepresent an affiliation with another person or organization; and member/user will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Carmax Site, or feature of the Carmax Site. Member/User further understand and agree that you have no ownership rights to any account you may have with us or other access to the Carmax Site or features therein. The Company may cancel your account and delete all User Content associated with your account at any time, and without notice, if the Company deems that members/users have violated these Terms, the law, or for any other reason. The Company assumes no liability for any information removed from our Carmax Site, and reserves the right to permanently restrict access to the Carmax Site or a user account.

10.2 Member/User acknowledge and declare that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the Carmax Site or any social media pages that the Company controls or make available using the Services, including any data, questions, comments, suggestions, or the like, and you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright, and such content is and will be treated as non-confidential and non-proprietary. The Company does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Cramax Site. However, by displaying, publishing, or otherwise posting any User Content on or through the Carmax Site or any social media pages that the Company controls, you hereby grant to the Company a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your permission or any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. Member/User continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Carmax Site or social media page and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

10.3 The Company does not endorse, verify, evaluate or guarantee any information provided by members/users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. Member/User shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by the Company without the prior review and written approval of the Company.

10.4 The Company does not control the content posted by third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. Member/User understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

10.5 Member/User agree to indemnify and hold the Company, its holdings, subsidiaries, directors, managers, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to the Company or this Carmax Site.

11. Intellectual Property and Copyright Infringement

11.1 Member/User agree not to copy, reverse engineer, or attempt to discover the source code for Carmax Site or any proprietary data contained therein, or distribute or create derivative works based on the Services, in whole or in part. Member/User agrees not to access the Services by any means other than through the interface that is provided by the Company for use in accessing the Services. In addition, any software that is made available from this Carmax Site, including, without limitation, all HTML code and Web controls, are owned by or licensed to the Company. Any reproduction or redistribution of this software is expressly prohibited.

12. Termination

12.1 Members/Users agree that the Company may, at its sole discretion and without prior notice, immediately terminate access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) you have engaged in fraudulent or illegal activities, and/or (e) non-payment of any fees owed by you in connection with use of the Services. Termination of your account includes (1) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (2) barring further use of the Services. Further, the member/user hereby agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to member/user or any third-party for any termination of their account or access to any content created using the Services.

13. Liability Disclaimer

13.1 MEMBER/ISER USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND.

13.2 THE COMPANY  MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THE INFORMATION, SOFTWARE, AND SERVICES ON THE CARMAX SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, THE COMPANY DISCLAIMS ALL LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF PRODUCTS DISPLAYED ON THIS CARMAX SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE CARMAX SITE AT ANY TIME. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND CARMAX, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

13.3 THE COMPANY, SUPPLIERS, INCLUDING WITHOUT LIMITATION AGENTS OR EMPLOYEES OF THE COMPANY. THE COMPANY MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

13.4 THE COMPANY HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL THE COMPANY AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS CARMAX SITE OR WITH THE DELAY OR INABILITY TO USE THIS CARMAX SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS CARMAX SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CARMAX SITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF THE COMPANY (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY THE COMPANY FOR THE PRODUCTS OR SERVICES GIVING RISE TO SUCH DAMAGES.

14. Indemnification

14.1 Member/User agree to defend, indemnify and hold the Company harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal fees, brought by (i) third parties arising out of content member/user submit, post, transmit, or make available through the Company or member/user use of the Services, (ii) any third party arising out of your use of the Services or the use of the Services by any person using your account and/or password, or (iii) by third parties arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

15. No Unlawful Or Prohibited Use

15.1 As a condition of the use of this Carmax Site, member/user warrant that you will not use the Carmax Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Member/User acknowledge that the Company may or may not pre-screen content, but that the Company has the right (but not the obligation) at its sole discretion to screen, refuse, or move or remove any content that is available via the Carmax Site. Without limiting the foregoing, the Company and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable.

16. Advertising And Links To Third-Party Sites

16.1 This Carmax Site contains hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for member/user information and reference only. The Company does not control such websites and is not responsible for their contents or your use of them. The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such web sites or any association with their operators.

17. Disputes And Arbitration

17.1 The Company is committed to member/user satisfaction. If member/user has a problem or dispute, we will endeavour to resolve it amicably. If we are unsuccessful, member/user  may pursue their claim as explained in this section.

17.2 Member/User agree to give the Company an opportunity to resolve any problem, dispute, or claim relating in any way to the Carmax Site and/or any of its related applications or services; any dealings with our customer service agents; the purchase, use, or performance of any services or products available through this Carmax Site; any representations made by the Company; or our Privacy Policy (collectively, “Claims”) by sending notice to the address in the Contacting Us section below. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

17.3 These Terms and Conditions shall be governed by the laws of Malaysia, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. All Claims or other matters in dispute between you or any Third-party and the Company, its subsidiaries or affiliates, or any service providers or companies offering products or services through the Carmax Site, whether based upon contract, tort, statute, or otherwise, shall likewise be governed by the laws of Malaysia, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

18. Mandatory Arbitration

18.1 PLEASE READ THIS PROVISION CAREFULLY. IT REQUIRES THAT ANY AND ALL CLAIMS MUST BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM. THESE LIMITATIONS APPLY TO ANY CLAIMS AGAINST THE COMPANY, ITS SUBSIDIARIES OR AFFILIATES, OR ANY SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE CARMAX SITE.

18.2 IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

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