Current as of 1 December 2022

Terms of Use

1. General

These are the terms of use and services (“Terms”) of Carmine Sdn. Bhd. (Registration No: 202201020543 (1466240-K)) and its subsidiaries and affiliates (“Carmine”). The access to and use of the services on this website (“the Website”) are subject to these Terms.

Carmine offers a forum for prospective purchasers to investigate, contrast, bid on, and acquire the vehicle(s) posted on the website.

You agree to abide by and be governed by these Terms, which are applicable to all Website Users, by accessing and using the Website. The term "you" in these Terms refers to the business entity that you are representing when using the Website if you are using and accessing it and on behalf of a business entity, unless the context otherwise requires.

It is critical that you read these Terms carefully because they affect your rights and obligations under Malaysian laws and regulations. You shouldn't use this website if you don't accept these

2. Right to use and restrictions

2.1 Even if another person has access to the website, you are still in charge of its usage and access to the essential data networks.

2.2 The website is accessed and used at the user's own risk. As a result of your access to and use of the Website, we are not responsible for any harm, viruses, or other programmes that may affect any hardware or device, software, data, or other property.

2.3 You may only access the website using authorized methods. It is your obligation to double-check that the software you downloaded and/or updated was appropriate for the hardware and device you will use to access and use the Website. We make no promises that the website or any component of it will operate properly on a given piece of hardware or gadget. If you do not have compatible hardware or a compatible device, or if you downloaded the incorrect software version for your hardware or device, we are not responsible.

2.4 You must access and use the Website in accordance with any instructions we may issue from time to time for access and use of the Website, these Terms, and Malaysian laws that are in effect at the time.

2.5 You shall not:

  • suggest or imply that we support any statement you make, impersonate any person or party, or falsely declare, misrepresentation, or otherwise misrepresent your affiliation with any person or party in connection with the Website;
  • any way endanger or interfere with the website's functionality or operation;
  • use the website for any unauthorized, fraudulent, or illegal purpose;
  • providing intentionally and knowingly false, misleading, incorrect, unlawful, threatening, obscene, hateful, libelous, or defamatory information or content;
  • use the site in a way that might be against our interests or the interests of other users;
  • introduce or permit the introduction of computer viruses and/or other computer programming routines, such as worms, Trojan horses, trap doors, back doors, Trojan horses, time bombs, or cancel-bots, that may harm, negatively interfere with, covertly intercept, or expropriate any system, data, or personal information relating to or in connection with the Website;
  • reproduction, duplication, copying, selling, reselling, or any other form of commercial exploitation involving the use of, access to, or usage of a portion of the Website;
  • use the website in a way that goes against Malaysian laws and regulations.

2.6 We reserve the right to:

  • any action, content, or information that occurs on or via the website is reviewed, verified, and/or controlled.
  • take any necessary action after conducting an investigation into any violation of these terms;
  • if you break any of the terms outlined in Clause 2.5 above, we may restrict your access to and use of the Website; or
  • notify the proper authorities of any suspicious activity regarding the potential violation of any applicable law or regulation and work with such authorities.

3. Warranties and Limitation of Liability

3.1 Prior to making a purchase, prospective buyers are recommended to read and comprehend the terms and conditions of the sale, inspect the listed vehicles, and perform their own searches, questions, investigations, and verification of the veracity of the details and information supplied on the website.

3.2 Additionally, all potential buyers should be aware that any vehicle(s) listed as being available for sale herein is subject to the terms and conditions of sale and that any of the aforementioned vehicle(s) may at any time be removed from the listing at the Website's sole discretion without any prior notice and for any reason at all. The website's decision about the proposed sale is binding and cannot be contested. Under any circumstances, including but not limited to the withdrawal of vehicle(s) from the sale, neither we, the website, nor its agents shall be held liable for the materials herein in any manner whatsoever.

3.3 We are not obligated to you, any other user, or any third party for any modification to or discontinuation of the website or any services or features of the website, including individual listings. You acknowledge and accept that the website and its services are offered "AS IS." Carmine disclaims all liability for the timeliness, accuracy, failure to store, or misdelivery of any user communications.

4. Personal data

The use of any personal information you give us via the website is governed by our Personal Data Protection Notice. On this website, you can read a copy of the Personal Data Protection Notice.

 

5. Disclaimer

We shall not be liable for any damages whatsoever, including but without limitation to, any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use or failures of the Website. We expressly disclaim any express and implied warranties, including, without limitation, completeness or accuracy of any information provided or made available to you. We do not guarantee that the Website or any of its linked services will operate without hiccups or errors, that errors will be fixed, or that the hardware and software used to access the Website are free of viruses or other dangerous elements.

 

6. Language

The terms in these English-language Terms of Use shall take precedence over their equivalent Bahasa Malaysia Terms of Use in the event of any inconsistency.