Terms and Conditions
Term and condition of access to and use of the MYEVERCARMARTwebsite
Access to the Website is subject to the following Terms and Conditions. Please take the time to read through these before continuing to use the Website.
On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the Terms and Conditions that apply to use and to the facilities and services provided by it. We reserve the right to alter the Terms and Conditions at any time and it is your obligation yo check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new Terms and Conditions.
In these Terms and Conditions :
- "we/us/our" means MyEverCarMart;
- "Website" means MyEverCarMart.com website(s);
- "you/your" means the user of the website.
If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use MyEverCarMart.com only with involvement of a parent or guardian. MyEverCarMart.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In order to access our website, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued usage of the website offered by MyEverCarMart.com and its subsidiaries or affiliated companies. You are responsible for maintaining the confidentiality of your MyEverCarMart.com account and password and are responsible for all activities that occur under your account. Further, your MyEverCarMart.com account and User ID may not be transferred or sold to another party.
Content and Related User Conduct
In consideration of our agreeing to permit you to use the Website to search our database of vehicles, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of vehicles to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the vehicle in question.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. MyEverCarMart.com accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice and you should not rely on any material on the Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
The Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
The Website contains access buttons or links to websites of third party companies and are provided for your convenience only. We give no guarantees or accept any liability in relation to the use of these links and the information and data that you provide to these third party companies nor do we accept any liability for the information provided or decisions made as a result of the use of these links.
You acknowledge that MyEverCarMart.com does not 100% pre-screen or approve all its Content, but that MyEverCarMart.com shall have the right (but not the obligation) in its sole discretion to monitor, refuse, delete or move any Content, in whole or in part, that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
We give no warranties, conditions, guarantees or representations, express or implied, as to:
- the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
- the content of the advertisements for vehicles included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such vehicles;
- the completeness of the results of any search of our database or that the vehicles selected by the search are the only vehicles on our database which might meet the searcher's requirements.
As a condition of you use of the Site, You agree not to upload, post, email, or otherwise publish through this Site any Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a MyEverCarMart.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the MyEverCarMart.com sites which are not designated for such purposes; or (2) emailed to MyEverCarMart.com users who have requested not to be contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in "services";
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Malaysia law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Copyright and Trademarks
All rights, including copyright, in the content of these web pages and in the photographs of any vehicles displayed on the Website from time to time and all database rights in our database of vehicles, are owned or controlled for these purposes by MyEverCarMart.com.
All trade marks, names, and logos are the proprietary marks of MyEverCarMart.com or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.
Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
License and Site Access
MyEverCarMart.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of us. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MyEverCarMart.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MyEverCarMart.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing MyEverCarMart.com's name or trademarks without the express written consent of us. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MyEverCarMart.com so long as the link does not portray MyEverCarMart.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MyEverCarMart.com logo or other proprietary graphic or trademark as part of the link without express written permission.
When you visit MyEverCarMart.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
MyEverCarMart.com will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that the Website will be continuously available on-line. MyEverCarMart.com therefore provide the Website on an "as is" and "as available" basis.
MyEverCarMart.com make no warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
MyEverCarMart.com are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control. You will not hold MyEverCarMart.com responsible for other users' content, actions or inactions, or items they list. We are not involved in the actual transaction between buyers and sellers. We do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
MyEverCarMart.com do not transfer legal ownership of items from the seller to the buyer, and nothing in this User Agreement shall modify the governing provisions of section 19 of the Sale of Goods Act 1957, under which legal ownership of an item is transferred when the parties (i.e., seller and buyer) intend to transfer such legal ownership. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of the total fees you paid to us in the 12 months prior to the action giving rise to the liability.
MyEverCarMart.com shall not be liable for any damages, including without limitation, direct, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on the Website or any website to which the Website is linked.
Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence.
Advertisements and Promotions
MyEverCarMart.com runs advertisements and promotions. By using MyEverCarMart.com you agree that MyEverCarMart.com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by MyEverCarMart.com are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyEverCarMart.com 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 advertisers on the website.
Link to Third Party Site
The Website contains hypertext links to websites that are not operated by us or by our associated companies. MyEverCarMart.com do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
Privacy and Information Disclosure
When you access the Service, we may collect the following information:
- Anonymous web statistics collected as you browse the Service.
- Personal information you knowingly provide us.
Some portions of the Service may require that you provide your personal information. Personal information refers to all and any information related to you (including, but not limited to you name, contact number and email address) submitted to us via your access to or use of the Service.
Variation of the User Agreement
MyEverCarMart.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of the User Agreement, in whole or in part, at any time, and such modifications shall be effective immediately upon posting of the modified User Agreement. You agree to review the User Agreement periodically to be aware of such modifications and your continued access to or use of the Service shall be deemed your conclusive acceptance of the modified User Agreement.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
Termination of Service
You agree that MyEverCarMart.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MyEverCarMart.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that MyEverCarMart.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
This User Agreement shall be governed in all respects by the laws of Malaysia. As such, laws are applied to agreements entered into and performed entirely within Malaysia and between Malaysian residents. Both parties submit to jurisdiction in Malaysia and further agree that any cause of action arising under this User Agreement shall be brought exclusively to a court in Malaysia. MyEverCarMart.com does not guarantee continuous, uninterrupted or secure access to our services, and the operation of our site may be interfered with by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have any questions or comments regarding this Terms of Service, please fill up the feedback form from the Contact Us page.
We welcome your feedback. Should you feel dissatisfied with any of our services, please contact us at Tel: +603-91719092 / +6017-2322670 Email: firstname.lastname@example.org.
Registered Office : 16, Jalan Saw Seong Peck, Taman Kampar. 30250, Ipoh Perak Malaysia.