China Press mywheels.my Website Terms of Service
The following terms and conditions (“ToS”) govern your access to and use of https://mywheels.my (“Website”) and any other products and services provided by the China Press Berhad (collectively, “Services”).
Any reference to “we”, “our”, “us” or “Company” in this ToS shall refer to The China Press Berhad, its parent companies, its subsidiaries, and its associated companies.
Acceptance of Terms of Service
By accessing this Website and/or using our Services, you agree that you have read, understood and agreed to be legally bound by this ToS. In addition, you confirm that you are at least 18 years old and if you are accepting this ToS on behalf of another legal entity, you represent that you are duly authorised and you have full legal authority to bind such entity to this ToS.
We reserve our rights to change, amend, delete or modify any terms in this ToS from time to time without prior notice to you. Your continued usage of our Services shall constitute your acceptance of the amended ToS. It is advisable that you check this ToS on a regular basis. If you do not agree with any of these terms, please leave this Website and discontinue use of this Website and our Services immediately.
REGISTRATION OF ACCOUNT & ACCOUNT SECURITY
1.1
You may be required to register an account with us and provide certain information to us to access certain Services. We have sole discretion to determine according to our own criteria, whether to accept or reject your application for account registration, and our decision shall be final.
1.2
You undertake and represent:
(a)
To provide true, accurate, current and complete information of yourself, and to immediately update us of any changes;
(b)
To provide us with proof of identity or any other documents as we may request;
(c)
To keep all information (including without limitation, your username and password) relating to your account in strict confidence and not to disclose or share such information to any other party;
(d)
Not to transfer, sell, license, assign or allow any other party to use your account;
(e)
To immediately notify us if you are aware of any actual, potential or suspicious unauthorised use of your account, information, username and/or password; and
(f)
To be solely responsible for all activities that occur under your username and account even if such activities or uses were not committed by you.
1.3
We may conduct credit checks for assessment and verification purpose and conduct periodical review on your account (including without limitation to assessing the and/or transactions carried out by you on the Website or via your account). You shall if required execute all consent forms and to provide additional documents necessary for such credit checks.
1.4
We may for any reason in our sole discretion without notice to you, immediately suspend or terminate your account, prohibit your access or use of our Services, delete any content on our Website associated to your account, and/or take any other actions as we deem necessary.
2.1
You are personally responsible for your use of the Website and/or Services.
2.2
You undertake and represent:
(a)
That you have read and agreed to comply with this ToS, and such other notices, guidelines or instructions that may be issued by us from time to time;
(b)
Not to use any Services or the content appearing on the Website for any unlawful or illegal purposes;
(c)
Not to impersonate or misrepresent yourself as any other person or entity;
(d)
To comply with all applicable laws and regulations at all times;
(e)
Not to hack into, interfere with disrupt, disable, over-burden or otherwise impair the proper working of the Website and our Services;
(f)
Not to introduce or spread computer viruses, malwares, Trojan horse, or any other such malicious codes which may cause damage or interrupt to the Website, Services and other users of the Website;
(g)
Not to use any type of spiders, web crawlers, bots, automatic indexers, web robots, scripts or any other form of automated technology to access the Website or Services;
(h)
To treat all information obtained from our Services as confidential and not to share, copy or transmit to any other party such information without our prior written consent;
(i)
Not to conduct any illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour, or any other behaviour that is harmful to other users, third parties, or our business interests;
(j)
Not to do anything or become involved in any situation which may bring us into public disrepute, contempt, scandal or ridicule, offends public opinion or reflects unfavourably upon us, our goodwill and our reputation.
3.1
Subject to all the terms stated herein and payment of prescribed fees, we grant you a limited, non-exclusive, non-transferable, and revocable rights to publish any text, photos, videos, graphics, advertisement, or other lawful materials relating only to car sales (collectively "Your Advertisement") on the Website.
3.2
In general, we do not review, edit, amend or exercise any editorial control over Your Advertisement but we reserve the right (without obligation) to remove Your Advertisement for any reasons at any time in our sole discretion without prior notice and refund to you.
3.3
We take no responsibility for Your Advertisement and we do not expressly or implicitly endorse any of Your Advertisement. You are solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions, and any other matters howsoever related to or associated with Your Advertisement.
3.4
By submitting Your Advertisement to us, you undertake and represent that:
(a)
You have all rights, power, and authority in connection to Your Advertisement, and you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, amend, adapt, prepare derivative works from, distribute, disclose to third parties, and display Your Advertisement for any purposes in such terms and conditions as we deem fit;
(b)
Your Advertisement will not violate or breach any applicable laws;
(c)
Your Advertisement will not infringe any other third party’s rights, including without limitation any intellectual property rights, copyright, patent, trademark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity;
(d)
Your Advertisement will not contain any false, deceiving, inaccurate or misleading information and any materials which are defamatory, scandalous, pornographic, racist, indecent or obscene in nature;
(e)
Your Advertisement will not contain any other content as we deem inappropriate or unfit to be published on the Website in our sole discretion;
(f)
Your Advertisement will not create liability for us or cause us to lose, in whole or in part, the services of our internet service providers, other suppliers, or any of our business partners; and
(g)
Your Advertisement will not promote any products, services, activities, or transactions other than car sales.
3.5
Your Advertisement must be scheduled and published within 7 days from the first day of your creation of Your Advertisement or it will be automatically deleted without prior notice to you. For Facebook posting service, once you have submitted Your Advertisement, we will use our best endeavour to process your submission and publish Your Advertisement within 5 working days.
3.6
We will retain Your Advertisement on the Website for 180 days, or such other period according to your subscription or as we deem fit, after which we have the right to delete and remove Your Advertisement without further notice to you.
3.7
All payments made to us are strictly non-refundable. You are advised to review all the details carefully before making any payment.
3.8
We reserve our rights in our sole discretion to:
(a)
Determine according to our own criteria, whether to accept or reject Your Advertisement from appearing on the Website;
(b)
Determine the positioning and presentation of Your Advertisement on the Website, our Facebook page, or any other medium;
(c)
Delete or remove Your Advertisement from the Website at any time without prior notice and without refund to you if we are of the view that you have violated any of the terms stated herein, or Your Advertisement is inappropriate, or for any other reasons as we deem fit;
(d)
Push third-party advertisements to you through any of the supported platforms of which our Services are made available on.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS
4.1
All copyrights, patents, trademarks, data, and all other intellectual property rights in the Services, the Website, and all our content are our property. Advertisement appearing on the Website is the property of its author. We reserve all rights not expressly granted to you in this ToS. Nothing in this ToS shall be deemed as any assignment of rights to you or any other parties.
4.2
You shall not, by any means, copy the data or content provided on the Website for any other unauthorized purposes, including but not limited to reselling, modification, research, or not-for-profit purposes unless with explicit written permission from us, or such other owners.
THIRD PARTY RIGHTS, TERMS AND POLICIES
5.1
We leverage upon several third-party providers in the provision of our Services to you. By using our Services, you agree to be bound by the terms and conditions of these third parties. Notwithstanding anything to the contrary in the foregoing, all data, services, or content provided by these third-party providers to you, through this Website are provided on an AS-IS basis, and the third-party providers make no warranties whatsoever of any kind in any form as to the quality, accuracy, availability, fitness for purpose, or any other measure of the data, services, or content, and you further agree not to hold liable any of these third-party providers or us for any loss resulting from the use of our Services.
5.2
Our services that use Google Maps and/or any other Google functionalities are dependent on Google as a third-party provider to our services. As such, by using our Services which incorporate some or all of Google's services, you further agree to be bound by Google's Terms of Use which is available for viewing at http://code.google.com/apis/maps/terms.html, and Google's privacy policy found at http://www.google.com/privacy.html. 5.3
For all other third-party providers not mentioned in this clause 5, but who are providers or suppliers to us for part or all of the provision of our Services, you further agree to be bound by and abide by the terms and conditions and privacy policies of the respective and relevant providers or suppliers.
TERMINATION AND SUSPENSION
6.1
We reserve our rights to suspend, prohibit, block, or cancel your access or use of our Services at any time at our sole discretion for any reason (including without limitation for a breach of any terms stated herein) or no reason without prior notice and without any liability to you.
6.2
You agree not to hold us or any of our shareholders, agents, employees, representatives, business partners, third-party providers, subsidiaries, parent, or associated companies, responsible or liable for any damages or compensation that may arise from our termination or suspension of our Services.
REPRESENTATION AND DISCLAIMER
7.1
All contents, materials, and information contained in this Website or our Services are for general information purposes only. The Website may contain third party's advertisement, information provided by third party or links to third party's website. We express no warranties regarding the accuracy, relevancy, or dependability of the third party advertisements, and we express no warranties regarding the quality of the product or services advertised on the Website. You agree not to hold us liable or accountable to the claims, promises, or any other form of description made in such third party's advertisement. Any reliance you place on such information appeared on our Websites or Services is strictly at your own risk.
7.2
We are not involved in the actual transaction between buyers and sellers, and we are not responsible for any such transaction. You are advised to exercise good judgment and caution in any transaction you wish to enter into with any third parties, and you agree that it is strictly at your own risk.
7.3
Please refer to our Disclaimer for more details, and the terms stated therein shall be incorporated herein. LIMITATION OF LIABILITY AND INDEMNITY
8.1
You agree to indemnify and hold us or any of our shareholders, agents, employees, representatives, business partners, third party providers, subsidiaries, parent or associated companies harmless from and against any and all claims, actions, suits, demands, penalties, fines, damages, costs, and expenses which may arise or relate to:
(a)
Your violation or breach of any terms stated herein;
(b)
Your use, inability to use, or misuse of our Services; and
(c)
Your breach of any laws or any rights of a third party. We shall not be subjected to any liability for any costs, expenses, claims, damages, or losses to you or any other third parties resulting from any reason or cause howsoever and whatsoever arising from the use of this Website and our services.
PRIVACY OF PERSONAL INFORMATION
9.1
Please refer to our Privacy Policy for more details and the terms stated therein shall be incorporated herein. 10.1
Nothing in this ToS shall constitute or be deemed to constitute an agency, partnership, or joint venture between us and you and neither party shall have any authority to bind the other in any way.
10.2
If any clause herein shall be found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall be removed but shall not affect the other provisions of this ToS which shall remain in full force and effect.
10.3
No waiver of any rights or remedies by us shall be effective unless made in writing and signed by our authorized representative. Any failure or delay by us to exercise or enforce any rights or provision hereof shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
10.4
We reserves the right and without prior notice to update, amend, or modify this ToS in our sole discretion as we deem fit from time to time. Your continued use of this Website and our Services shall be deemed as acceptance of the amendments or changes. It is your responsibility to check this page frequently for any changes.
10.5
This ToS, our Privacy Policy, and our Disclaimer constitute the entire agreement and supersede any conditions, warranties, representations expressed, or implied not contained herein.
10.6
Any decision made by us where we have the sole discretion to decide according to the terms stated herein shall be final and conclusive.
10.7
This ToS is governed and construed in accordance with the laws of Malaysia, and you agree to submit to the exclusive jurisdiction of the Malaysia Courts.
PRIVACY POLICY
YOU ARE ADVISED TO READ THE FULL PRIVACY POLICY. WHEN YOU ACCESS TO OUR WEBSITES, YOU CONSENT TO ALL THE TERMS STATED IN THIS PRIVACY POLICY.
Consent to the use of personal information
By accessing, using, or posting on mywheels.my, by engaging us to provide our products and services, by communicating, engaging, or interacting with us either by submitting any contest forms, surveys, or polls, you consent to the processing of your personal data by The China Press Berhad, its parent companies, its subsidiaries, and its associated companies (“Nanyang Group”) and all persons involved in the provision of services by us.
You agree that we may process, use, disclose, and/or retain your personal information in accordance with the Personal Data Protection Act 2010 (“PDPA”) and our Privacy Policy as necessary for the fulfillment of the Purposes stated herein. For clarity, any reference to “we”, “our”, “us” or “Company” in this Privacy Policy shall include any member of Nanyang Group.
Types of personal Information collected
In order for us to provide our products and/or services to you and for you to use and access this website in the most efficient and effective manner, we need to collect relevant information from you. The personal information collected may include but not limited to the followings:
(m)
Sensitive personal information.
Purposes for collection of Personal Information by Us
Personal information provided to us will be processed (as defined in PDPA) for the following purposes:
(a)
To process your application and/or request for our products and/or services;
(b)
To provide you with the products and/or services;
(c)
To communicate with you and better manage any business relationship with you;
(d)
To send you updates on our products, services, news and events, promotions and rewards, special privileges and initiatives of the Company, our partners and advertisers;
(e)
To facilitate your participation and our administrations of any membership programmes, events, campaigns, promotions and contests;
(f)
To process payments and complete transactions with you;
(g)
To meet legal and regulatory requirements;
(h)
To investigate and resolve any service issues, billing queries, complaints or other enquiries;
(i)
To conduct research development and statistical analysis in connection with our services in order to identify new trends, enhance your service experience and meet your needs;
(j)
To administer, manage, monitor and improve the performance of our websites and services;
(k)
To verify your identity, conduct background or credit reference checks and establish your creditworthiness;
(l)
For internal administrative purposes;
(m)
For direct marketing purposes;
(n)
For debt collection purposes;
(o)
For future business opportunities and transactions;
(p)
For audit, compliance and risk management purposes; and/or
(q)
For all other purposes incidental to and/or associated with any of the above. (collectively referred to as “Purposes”)
Disclosure of Personal Information
We will treat all information we hold as private and confidential and will process such personal information only for the Purposes set out herein.
We will not resell nor provide personally identifiable information to third parties without your consent. However, in order to provide our products and/or services to you, we may need to disclose your personal information to following third parties:
(a)
Law enforcement agencies, government agencies, regulatory bodies, and/or statutory agencies;
(b)
Successors in title to us;
(c)
Companies or individuals that act as our agents, contractors, service providers, and/or professional advisers;
(f)
Any financial institution and charge or credit card issuing companies with which you have or propose to have dealings;
(g)
Data processors, centres, and/or servers located within or outside Malaysia for data analysis and data storage purposes or otherwise;
(h)
General public when you become a winner in a contest;
(i)
Our business associates in or outside Malaysia;
(j)
Third-party credit reporting or employment agencies;
(k)
Any parties to whom you have given us your express or implied consent to disclose; and/or
(l)
Such other parties as may be permitted under the laws of Malaysia.
If you do not agree to provide personal information and/or not agree to us processing it in the manner set out in this Privacy Policy, we will not be able to provide the relevant services to you and your application for such services will be rejected.
Use of Cookies
Cookies may be used to save your preference for your ease and convenience when using our websites. We also use cookies to personalise content and advertisement, to provide social media features and to analyse our traffic. Some cookies are used by third parties to provide us with data on the effectiveness of its engagements and promotions, and when serving advertisement. The cookies used by us are associated to anonymous users and their computers and not in any way collect personal data that could be used to identify specific user. You may configure your browser to notify you of the reception of cookies and to prevent its installation on your computer. You should understand that certain functions or feature may not be available if you set your browsers to not accept cookies.
Third Party Sites
Our websites may contain links to websites operated by other parties which are not subject to this Privacy Policy. We are not responsible for the privacy practices or the content of such sites. If you subscribe to an application, content, product and/or services from our advertisers and/or business partners and you provide any personal information to such third parties, that personal information will be subject to such third parties’ privacy policy/personal data protection policy, and not to this Privacy Policy. We recommend you to read and understand such third parties’ privacy policy/personal data protection policy before submitting your personal information to such third parties.
Public Forums
Our websites allow users to share information, advertisements, comments and feedback with the public. All information you have shared on our websites with the public becomes public information. We recommend you to exercise caution when deciding to disclose your personal data.
Inquiries
Should you require further information about the personal information we hold or the way in which your information is being collected or used which are not answered in this Privacy Policy, or you wish to have inaccurate information of you to be corrected, please contact or write to us at:
Attention : Data Privacy Officer
Email : pdpa@nanyang.com.my
Address : 1, Jalan SS7/2, 47301 Petaling Jaya, Selangor
Changes to Privacy Policy
We will keep this Privacy Policy under regular review and we may amend this Privacy Policy from to time without prior notice. The updated version shall apply and supersede all previous versions. By continuing to interact with us or use our products and/or services following the amended Privacy Policy, this shall signify your acceptance to such amendments. It is advisable that you check this Privacy Policy on a regular basis.
DISCLAIMER
YOU ARE ADVISED TO READ THE FULL DISCLAIMER. WHEN YOU ACCESS TO OUR WEBSITES, YOU CONSENT TO ALL THE TERMS STATED IN THIS DISCLAIMER.
Condition of Access
By accessing our websites, you agree, acknowledge and accept to be bound by the terms and conditions set out below. Our website is provided on an “AS-IS and AS-AVAILABLE” basis. Your use of our websites and our products and/or services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of our websites’ content or the content of any websites linked to the site and we will assume no liability or responsibility for any
(1)
errors, mistakes, or inaccuracies of content and materials,
(2)
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our websites,
(3)
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(4)
any interruption or cessation of transmission to or from our websites,
(5)
any bugs, viruses, trojan horses, or the like which may be transmitted to or through our websites by any third party, and/or
(6)
any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via our websites.
Accuracy of Information
The information contained in this website is for general information purposes only. While we endeavor to keep the information correct and up-to-date, we make no representations or warranties of any kind about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purposes.
Postings by Users
We do not endorse or recommend any seller/buyer, and a posting on our websites does not constitute an endorsement or recommendation. We makes no representation that information provided by the user, potential seller or buyer on our websites are complete, accurate or current and we assume no responsibility for any errors or omissions of any kind in the content of the websites and we assume no responsibilities for the quality of the products advertised on our websites. We do not edit or amend or exercise any editorial control over any postings published on our websites and to or any information that may be inserted or made available or transmitted to or from a third party on our websites. Any reliance you place on such information appeared on our websites is therefore strictly at your own risk. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third party. As with the purchase or sale of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Third Party Sites
Our websites may contain links to websites operated by other parties. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Availability of Services
While every effort is made to keep our websites up and running smoothly, we express no warranties on the availability of our websites, products and/or services. Decreases in the level of availability arising from but not limited to interruption, suspension, termination, handset malfunction, outages from network service providers, lack of network coverage, server crashes or any other third party dependencies in using our services or in connection with the performance of our websites or the content of our websites shall not be deemed our responsibilities and we shall not be held liable for any of such claims, compensations, damages (consequential, direct or indirect), loss of information/data which may be sustained or incurred or suffered from such failures.
Fitness for Purpose
We may express no warranty, implied or explicit regarding the suitability of use of any of our services for any purposes.
Changes to Disclaimer
We will keep this Disclaimer under regular review and we may amend this Disclaimer from time to time without prior notice. The updated version shall apply and supersede all previous versions. By continuing to interact with us or use our products and/or services following the amended Disclaimer, this shall signify your acceptance to such amendments. It is advisable that you check this Disclaimer on a regular basis.
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