TERMS OF USE & ACCESS

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Welcome to the JTCars web portal and/or the JTCars mobile app. Please read these terms and conditions carefully. The following terms and conditions (collectively, “Terms of Use & Access”) govern your access to and use of our Platform (as defined below), the Services (as defined below), the Materials (as defined below) or the Products (as defined below), or any part thereof. By accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, you agree to be bound by these Terms of Use & Access. If you do not agree to these Terms of Use & Access, do not access or use our Platform, the Services, the Materials or the Products, or any part thereof.

Access to and use of password protected and/or secure areas of our Platform, the Services, the Materials or the Products, or any part thereof, are restricted to Users with accounts only. You may not obtain or attempt to obtain unauthorised access to or unauthorised use of such parts of our Platform, the Services, the Materials or the Products, or any part thereof, or obtain unauthorised access to or unauthorised use of any other protected information, through any means not intentionally made available by us for your specific access or use.

If you are below legal age: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use & Access and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access. If you do not have consent from your parent(s) or legal guardian(s), you must stop accessing or using our Platform, the Services, the Materials or the Products, or any part thereof. However if you continue to access or use our Platform, the Services, the Materials or the Products, or any part thereof, you will be deemed to have obtained consent from your parent(s) or legal guardian(s) and they will be deemed to have accepted responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access.

If you are a representative of any entity: you must be of legal age and have legal capacity and authority to enter into and form contracts under any applicable law and obtain consent and approval of such entity, their acceptance of these Terms of Use & Access and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access. If you are not of legal age or do not have legal capacity and authority to enter into and form contracts under any applicable law or do not have consent and approval from such entity, you must stop accessing or using our Platform, the Services, the Materials or the Products, or any part thereof. However if you continue to access or use our Platform, the Services, the Materials or the Products, or any part thereof, you will be deemed to be of legal age and to have legal capacity and authority as a representative of such entity to enter into and form contracts under any applicable law and deemed to have obtained consent and approval of such entity and they will be deemed to have accepted responsibility for: (i) your actions; (ii) any charges associated with your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase of any Services, Materials or Products, or any part thereof; and (iii) your acceptance and compliance with these Terms of Use & Access. 

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in the Schedule will apply to these Terms of Use & Access.

2. General Access or Use

2.1 Guidelines to access to or use of Platform, Services, Materials or Products: You agree to comply with these Terms of Use & Access and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these Terms of Use & Access and any guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.2 Restricted activities: You agree and undertake NOT to:

(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;

(b) access or use our Platform, the Services, the Materials or the Products, or any part thereof, for illegal purposes;

(c) attempt to gain unauthorized access to or use of, or otherwise interfere or disrupt other computer systems or networks connected to our Platform, the Services, the Materials or the Products, or any part thereof;

(d) post, promote or transmit through our Platform, the Services, the Materials or the Products, or any part thereof, any Prohibited Materials;

(e) interfere with another’s access to or use or utilisation and enjoyment of our Platform, the Services, the Materials or the Products, or any part thereof;

(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the data of our Platform, the Services, the Materials or the Products, or any part thereof, or damage or interfere with the operation of another User’s computer or mobile device or our Platform, the Services, the Materials or the Products, or any part thereof; and

(g) access or use our Platform, the Services, the Materials or the Products, or any part thereof, other than in conformance with the acceptable access or use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3 Availability of Platform, Services, Materials or Products: We may, at any time and from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, our Platform, the Services, the Materials or the Products, or any part thereof, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, and we shall also not be liable for any for any direct, indirect or consequential loss or damage whatsoever incurred or suffered by you or any other person in connection with such upgrade, modification, suspension or removal. In addition, we 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 our Platform, the Services, the Materials or the Products, or any part thereof, will be continuously available on-line. We therefore provide our Platform, the Services, the Materials or the Products on an “as is" and “as available" basis and shall not be liable if any such disruption that prevents you from accessing or using our Platform, the Services, the Materials or the Products, or any part thereof.

2.4 Right, but not obligation, to monitor content or Submissions: 

(a) We reserve the right, but shall not be obliged to:

(i) monitor, screen or otherwise control any activity, content or material or Submissions on our Platform, the Services, the Materials or the Products, or any part thereof. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action we deem appropriate;

(ii) prevent or restrict access to or use by any User of our Platform, the Services, the Materials or the Products, or any part thereof;

(iii) report any activity or Submissions we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(iv) request any information and data from you in connection with your access or use of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions, at any time and exercise our right under this Clause 2.4 if you refuse to divulge such information and/or data, or if you provide or if we have reasonable grounds to suspect that you have provided, inaccurate, misleading or fraudulent information and/or data and/or Submissions.

(b) Certain parts of our Platform, the Services, the Materials or the Products may require registration and creation of an account with us and payment of the applicable fees and charges. If you breach any of these Terms of Use & Access and/or any other terms and conditions applicable to our Platform, the Services, the Materials or the Products, or any part thereof, we reserve the right to prevent or restrict your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof unless payment of a re-joining fee is made to us and you comply with such additional terms and conditions (if any) as may be imposed by us at any time and from time to time.

2.5 Privacy Policy: Your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, is also subject to our Privacy Policy. Kindly read our Privacy Policy carefully. You agree with our Privacy Policy, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Privacy Policy at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.6 Terms & Conditions of Sale: Purchases of any Services, Materials or Products, or any part thereof, is also subject to our Terms & Conditions of Sale in addition to the specific terms and conditions that may apply to the specific Services, Materials or Products, or any part thereof. Kindly read our Terms & Conditions of Sale carefully. You agree to comply with our Terms & Conditions of Sale and any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of any Services, Materials or Products, or any part thereof, as well as any amendments to the aforementioned, issued by us, at any time and from time to time. We reserve the right to revise our Terms & Conditions of Sale and any guidelines, notices, operating rules and policies and instructions at any time and from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on our Platform.

2.7 Additional terms: In addition to these Terms of Use & Access, the access or use of specific aspects of the Services, Materials or Products, or any part thereof, more comprehensive or updated versions of the Services, Materials or Products, or any part thereof offered by us or our sub-contractors or any Dealer, Seller or User, may be subject to additional terms and conditions, which will apply in full force and effect.

3. Access to or Use of our Platform, Services, Materials or Products

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use & Access, the provisions in this Clause 3 are the additional specific terms and conditions governing your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof.

3.2 Restrictions: 

(a) Access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, is limited to authorised Users, that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Access to and use of password protected and/or secure areas of our Platform, the Services, the Materials or the Products, or any part thereof, is limited to authorised Users with accounts only, that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Users who have breached or are in breach of the terms and conditions contained herein or any other specific terms and conditions, guidelines, notices, operating rules and policies or instructions applicable to such User or Users who have been permanently or temporarily suspended or terminated from access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, may not access or use our Platform, the Services, the Materials or the Products, or any part thereof, even if such Users satisfy the requirements of this Clause 3.2.

(b) In addition, we further reserve the right, at our sole and absolute discretion, without any liability whatsoever to block the entry or cancel the participation of any Users or persons who we deemed are detrimental and/or counterproductive and/or destructive to the operations, reputation and goodwill of our Platform, the Services, the Materials or the Products, or any part thereof, including but not limited to permanently or temporarily suspend or terminate such Users or persons from accessing or using our Platform, the Services, the Materials or the Products, or any part thereof.

3.3 General terms of access and use: 

(a) You agree:

(i) to access or use our Platform, the Services, the Materials or the Products, or any part thereof, only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to our Platform, the Services, the Materials or the Products, or any part thereof, in good faith; and

(ii) to ensure that any information or data you post or cause to appear on our Platform, the Services, the Materials or the Products, or any part thereof or in connection with our Platform, the Services, the Materials or the Products, or any part thereof, is accurate and agree to take sole responsibility for such information and data.

(b) By accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, or accessing or using our Platform to search for Services, Materials or Products, or any part thereof, you agree that you will only access, use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes (in the case of Users generally) and authorised commercial purposes (in the case of certain Users with accounts only). You must only use the contact details provided by us or by any User, advertisers or other third parties to contact them in connection with a genuine enquiry or authorised transaction relating to the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or the purchase or supply of any Services, Materials or Products, or any part thereof.

3.4 Platform, Services, Materials or Products description, specifications, search results, rating scores and reviews: 

(a) While we endeavour to provide an accurate description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or accurate information contained in our Platform, the Services, the Materials or the Products, or any part thereof, we do not warrant that such description, specifications, search results, rating scores and/or reviews and/or information are accurate, current or free from error. In addition, neither us nor any other member of the JTCars Group give any warranties, conditions, guarantees or representations (express or implied) as to the completeness or accuracy of our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof. We and every member of the JTCars Group exclude all liability for any direct, indirect or consequential Losses or damages whatsoever or howsoever caused to (regardless of the form of action) or incurred by any User in connection with our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof or arising directly or indirectly in connection with our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof.

 (b) Materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, and any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, may contain technical inaccuracies and typographical and other errors. The materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, or any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, may be updated at any time and from time to time and may at times be out of date. We do not accept responsibility for keeping the materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, or any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, up to date or liability for any failure to do so.

(c) The materials and information contained in our Platform, the Services, the Materials or the Products, or any part thereof, and any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, are only for information purposes. They do not constitute advice and you should not rely on any materials or information contained in our Platform, the Services, the Materials or the Products, or any part thereof or any description, specifications, search results, rating scores or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, to make (or refrain from making) any decision or take (or refrain from taking) any action.

(d) Our Platform, the Services, the Materials or the Products, or any part thereof, also contains material and information submitted and created by any Users, advertisers or other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and information.

(e) Neither us nor any other member of the JTCars Group give any warranties, conditions, guarantees or representations (express or implied) as to the completeness or accuracy of our Platform, the Services, the Materials or the Products, or any part thereof, or of any description, specifications, search results, rating scores and/or reviews of our Platform, the Services, the Materials or the Products, or any part thereof, or any information contained in our Platform, the Services, the Materials or the Products, or any part thereof, or any other service, material or product description or specification or search results or rating score or review on our Platform, the Services, the Materials or the Products, or any part thereof. To the extent permitted by law, we and the JTCars Group exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with any service, material or product or any information or any description or specification or search results or rating score or review.  

3.5 Prices of Services, Materials or Products: All Listed Prices are subject to goods and services taxes and any other applicable taxes, overseas transaction fees and international processing fees, unless otherwise stated. We reserve the right to amend the Listed Prices at any time without giving any reason or prior notice.

3.6 Third Party Vendors (including Sellers): You acknowledge that parties other than any member of the JTCars Group i.e. Third Party Vendors, including any Sellers, may list and sell any Services, Materials or Products, or any part thereof, on our Platform. Whether any particular Services, Materials or Products, or any part thereof, is listed for sale on our Platform by any member of the JTCars Group or a Third Party Vendor, including any Seller, may be stated on the webpage listing those Services, Materials or Products, or any part thereof. For the avoidance of doubt, each agreement entered into for the sale of any Services, Materials or Products, or any part thereof, by any Third Party Vendor, including any Seller, to a User shall be an agreement entered into directly and only between such Third Party Vendor and the User.

4. Account holders

4.1 User Account/ Username/ Password: 

(a) Certain parts of our Platform and certain Services, Materials or Products, or any part thereof, that may be made available on our Platform, may require registration and creation of an account with us or for you to provide Personal Data. If you request to register and create an account with us, a User Account and a Username and Password may either be: (i) determined and created for or issued to you by us; or (ii) created or provided by you and accepted by us in our sole and absolute discretion in connection with the access or use of our Platform, the Services, the Materials or the Products, or any part thereof. We may at any time in our sole and absolute discretion, request that you update your Personal Data or immediately invalidate the User Account and Username and Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by or to you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your User Account or Username or Password from time to time and to keep the User Account, Username and Password confidential and shall be responsible for the security of your User Account and Username and Password and be liable for any disclosure or use (whether such use is authorised or not) of your User Account or Username or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your User Account or Username or Password has been compromised or if there has been any unauthorised use of your User Account or Username or Password or if your Personal Data requires updating.

(b) You hereby agree that the information supplied with your registration and creation of an account with us will be truthful, accurate and complete. You also hereby agree that you will not attempt to register and create an account in the name of any other individual or entity nor will you adopt any User Account or a Username or Password which we deem to be offensive or inappropriate at our sole and absolute discretion. 

4.2 Purported access/ use: 

(a) You agree and acknowledge that any access or use of our Platform, the Services, the Materials or the Products, or any part thereof, and/or any purchase or sale of any Services, Materials or Products, or any part thereof, and any information, data or communications referable to your User Account or Username or Password shall be deemed to be, as the case may be:

(i) access to and use of our Platform, the Services, the Materials or the Products, or any part thereof, and/or purchase or sale of the Services, the Materials or the Products, or any part thereof, by you; or

(ii) information, data or communications posted, transmitted and validly issued by you.

(b) You agree to be bound by any access to or use of our Platform, the Services, the Materials or the Products, or any part thereof (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any access to or use of our Platform, the Services, the Materials or the Products, or any part thereof referable to your User Account or Username or Password.

5. Intellectual property

5.1 Ownership: 

(a) The Intellectual Property in and to our Platform, the Services, the Materials or the Products, or any part thereof, are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce the Intellectual Property to the fullest extent of the law. 

(b) All rights, including copyright, in the content of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions, and in the photographs in our Platform or in the Services, the Materials or the Products, or any part thereof, or any Submissions or displayed on our Platform or in the Services, the Materials or the Products, or any part thereof, or any Submissions, and all database rights in our database in our Platform or in the Services, the Materials or the Products, or any part thereof or the Submissions, are owned or controlled for these purposes by us or the JTCars Group.

(c) Any access to or use of our Platform, the Services, the Materials or the Products, or any part thereof or any purchase or subscription in respect of our Platform, the Services, the Materials or the Products, or any part thereof, or any sale of any Services, Materials or the Products, or any part thereof, on our Platform, does not grant you:

(i) any rights whatsoever including any ownership rights to our Platform or any part thereof;

(ii) any rights whatsoever including any ownership rights to any Services, Materials or Products, or any part thereof, or any Submissions (unless otherwise expressly stated);

(iii) any rights whatsoever to any copies of our Platform or any rights whatsoever to any copies of any Services, Materials or Products, or any part thereof, purchased or subscribed, or any Submissions; or

(iv) any rights to any Intellectual Property in and to our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions (we or the relevant Intellectual Property owners retain all Intellectual Property in and to our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions). 

5.2 Restricted use: 

(a) No part or parts of our Platform, the Services, the Materials or the Products, or any part thereof, may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use any Materials or Products, or any part thereof, for personal and non-commercial uses, provided that you do not modify such Materials or Products and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in our Platform, the Services, the Materials or the Products, or any part thereof. 

 (b) In addition, unless, by exemption permitted within these Terms of Use & Access, 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 our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions. In particular, you must not cache any of the contents or Submissions for access by third parties, nor mirror or frame any of the content of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions, nor incorporate it into another website or web portal or mobile versions of another website or web portal without our express written permission. 

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of JTCars Group or third parties. Nothing on or in our Platform, the Services, the Materials or the Products, or any part thereof and in these Terms of Use & Access shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website or web portal or mobile versions of any other website or web portal) any Trademarks displayed on or in our Platform, the Services, the Materials or the Products, or any part thereof, without our written permission or any other applicable trademark owner.

6. Our limitation of responsibility and liability

6.1 No representations or warranties: Our Platform, the Services, the Materials and the Products, are provided on an “as is” and “as available” basis. All data and/or information contained in our Platform, the Services, the Materials or the Products, or any part thereof, are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with our Platform, the Services, the Materials or the Products, or any part thereof. Without prejudice to the generality of the foregoing, we do not warrant:

 (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information and/or advice contained in our Platform, the Services, the Materials or the Products, or any part thereof;

(b) the content of the advertisements or database in or for our Platform, the Services, the Materials or the Products, or any part thereof, or of any Submissions, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any content or database in or for our Platform, the Services, the Materials or the Products, or any part thereof, or in any Submissions, or of our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions;

(c) the results of any search of the content or database or Submissions in or for our Platform, the Services, the Materials or the Products, or any part thereof, or the circumstances where there may be a limited number of results or no results at all of any search or where the results do not meet the searcher’s requirements;

(d) that our Platform, the Services, the Materials or the Products, or any part thereof, will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(e) that our Platform, the Services, the Materials or the Products, or any part thereof, or any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, are free from any computer virus or other malicious, impairing, destructive or corrupting code, agent, program or macros (and it is your responsibility to ensure that you use appropriate computer virus or other malicious, impairing, destructive or corrupting code, agent, program or macros checking software); and

(f) the security of any information transmitted by you or to you through our Platform, the Services, the Materials or the Products, or any part thereof, or any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, and you accept the risk that any information transmitted or received through our Platform, the Services, the Materials or the Products, or any part thereof, or any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2 Exclusion of liability: 

(a) JTCars Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(i) any access to, use of and/or the inability to access or use our Platform, the Services, the Materials or the Products, or any part thereof;

(ii) any modifications, changes, removal or discontinuation of our Platform, the Services, the Materials or the Products, or any part thereof, or any modifications, changes, removal or discontinuation of any Services, Materials or Products, or any part thereof, or any features or services in part or in whole therein that you may be using;

(iii) any reliance on any data or information made available through our Platform, the Services, the Materials or the Products, or any part thereof, or any Submissions. You should not act on such data or information without first independently verifying its contents;

(iv) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(v) any access to or use of any other website or webpage or web portal or web portal page or mobile versions of any other website or webpage or web portal or web portal page linked to our Platform, the Services, the Materials or the Products, or any part thereof, even if we or any member of the JTCars Group or all third parties connected to us, may have been advised of, or otherwise might have anticipated, the possibility of the same. 

(b) To the extent permitted by law, we and all members of the JTCars Group and all third parties connected to us hereby expressly exclude:

(i) All conditions, warranties and other terms which might otherwise by implied by statute; and

(ii) All liability for any direct, indirect or consequential loss or damage incurred by any Users in connection with our Platform, the Services, the Materials or the Products, or any part thereof, or in connection with the access to or use of or inability to access or use, or the results of the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, any websites or web portal or mobile versions of any websites or web portal linked to our Platform, the Services, the Materials or the Products, or any part thereof, or posted on our Platform, the Services, the Materials or the Products, or any part thereof, including without limitation any liability for:

1. Loss of income or revenue;
2. Loss of business;
3. Loss of profits or contracts;
4. Loss of anticipated savings;
5. Loss of data;
6. Loss of goodwill; and
7. Wasted management or office time, and

for any other Loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.3 At your own risk: 

(a) Any risk of misunderstanding, error, damage, expense or Losses resulting from the access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, is entirely at your own risk and we shall not be liable therefor.

(b) Our Platform, the Services, the Materials or the Products, or any part thereof, also publishes advertisements placed by Users, advertisers or other third parties to advertise their services, materials or products. Unless otherwise stated by us, we do not own such services, materials or products advertised for sale on our Platform and have no liability for such services, materials or products or for any Losses that you may incur as a result of using or purchasing any such services, products or materials advertised by Users, advertisers or other third parties. If you choose to use or purchase any products and/or services and/or facilities and/or materials advertised for sale by Users, advertisers or other third parties on our Platform, the contract will be between you and such Users, advertisers or other third parties and not with us.

(c) We are not liable for failure to perform any of our obligations under these Terms of Use & Access and we exclude all representations and warranties relating to access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, whether they are statutory or otherwise, as far as is possible by law.

(d) The Services, Materials or Products, or any part thereof, or Submissions, displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. You understand and acknowledge and agree that in accessing or using our Platform or in purchasing or subscribing for any Services, Materials or Products, or any part thereof, or in purchasing or subscribing for any services, materials or products, or any part thereof, of any User, advertisers or other third parties, or in selling any services, materials or products, or any part thereof, on our Platform, or in using any Submissions, you may be exposed to content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any and all members of the JTCars Group with respect to any such content.

(e) KL Registry > JTCars Group shall not be liable for any direct or indirect, incidental, special, consequential or exemplary losses or damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses or damages, and any other type of losses or damages caused by or resulting from your access to or use of our Platform and/or your purchase or use of any Services, Materials or Products, or any part thereof including but not limited to any losses or damages caused by any breach of a Third Party Vendor’s implied or express warranty on any Services, Materials or Products, or any part thereof.

7. Links and alerts

7.1 Links to other platforms: For your convenience, we may include links to other websites or web portal or mobile versions of other websites or web portal or content on the Internet that are owned or operated by Users, advertisers or other third parties. Such linked websites or web portal or mobile versions of such linked websites or web portal or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of using or accessing, any linked website or web portal or mobile versions of any linked website or web portal. Any links to any other websites or web portal or mobile versions of any other websites or web portal or content are not, and does not imply, an endorsement or verification of such websites or web portal or mobile versions of such websites or web portal or content or the owners of such websites or web portal or mobile versions of such websites or web portal or content, and you agree that your access to or use of such linked websites or web portal or mobile versions of such linked websites or web portal or content is entirely at your own risk.

7.2 Promotions: We may attach banners, java applets and/or such other materials to our Platform, the Services, the Materials or the Products, or any part thereof, or to any services, materials or products, or any part thereof, of any Users, advertisers or other third parties, for the purposes of promoting our Platform, the Services, the Materials or the Products, or any part thereof or any services, materials or products, or any part thereof, of any Users, advertisers or other third parties. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

7.3 Hyperlink to our Platform homepage: You may establish a hyperlink to the home page of our Platform, without the need for our written consent, provided there is no implied endorsement or sponsorship of you, your company or your website or web portal or mobile versions of your website or web portal or content, by us.

8. Your submissions and information

8.1 Submissions by you: You grant us a non-exclusive licence to use the materials, information, images, articles, write-ups, reviews, testimonials, ratings, advertisements, biography, interviews, videos, music, songs, listings, items for sale, posters and item descriptions, specifications, terms and conditions, warranties or guarantees that you submit to our Platform and/or provide to us including without limitation in respect of or pursuant to any Services, Materials or Products, or any part thereof, or in respect of or pursuant to any services, materials or products, or any part thereof, of any Users, advertisers or other third parties, including but not limited to, questions, reviews, comments, suggestions and other content (collectively, “Submissions”). When you post any Submissions to our Platform or in respect of or pursuant to any Services, Materials or Products, or any part thereof or in respect of any services, materials or products, or any part thereof, of any Users, advertisers or other third party, you also grant us the right to use the name that you submit, your Username and User Account name in connection with such Submissions. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or advertisers, other Users or any third party as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.

8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information and Submissions provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Malaysia or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail. 

8.3 Disclosure: JTCars Group may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

8.4 Privacy Policy: You acknowledge that you have read and agreed to our Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in our Privacy Policy.

9. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or disable your Username and Password or User Account. We may bar access to our Platform, the Services, the Materials or the Products, or any part thereof, for any reason whatsoever, including a breach of any of these Terms of Use & Access or any other specific terms and conditions, guidelines, notices, operating rules and policies or instructions applicable to you or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein or any other terms and conditions in respect of our Platform, the Services, the Materials or the Products, or any part thereof, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing our Platform, the Services, the Materials or the Products, or any part thereof, or any other services, materials or products or any part thereof, relating to thereto. (there is no refund if we terminate as well)

9.2 Termination by you: You may terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, by ceasing your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, and you agree that there will not be any refund to you for any moneys paid in respect of your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, or your purchase of or subscription for any Services, Materials or Products, or any part thereof.

10. Notices

10.1 Notices from us: All notices or other communications given to you if:

(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or

(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

10.2 Notices from you: You may only give notice to us in writing sent via our “Flag Form” and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed or if we will respond at all.

10.3 Other modes: Notwithstanding Clause 10.1 and Clause 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

11. General

11.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use & Access, the provisions of these Terms of Use & Access and our rights and remedies under these Terms of Use & Access are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use & Access, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use & Access or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2 No waiver: Our failure to enforce these Terms of Use & Access shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use & Access. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use & Access.

11.3 Severability: If at any time any provision of these Terms of Use & Access shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms of Use & Access shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use & Access.

11.4 Rights of third parties: A person or entity who is not a party to these Terms of Use & Access shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use & Access, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use & Access.

11.5 Governing law: 

(a) Access to and use of our Platform, the Services, the Materials or the Products, or any part thereof and these Terms of Use & Access shall be governed by and construed in accordance with the laws of Malaysia and you hereby submit to the non-exclusive jurisdiction of the Courts of Malaysia. 

(b) Except as provided for in Clause 11.5(a), any dispute, controversy, or claim arising out of or relating to these Terms of Use & Access, or the breach, termination or invalidity thereof shall be settled through arbitration in Kuala Lumpur in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this Clause 11.5(b). The tribunal shall consist of a single arbitrator, to be mutually agreed by the parties to the dispute, controversy, or claim and appointed by the KLRCA. The language of the arbitration shall be English.

11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7 Amendments: We may by notice through our Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms of Use & Access, such variation to take effect on the date we specify through the above means. If you access or use our Platform, the Services, the Materials or the Products, or any part thereof, after such date, you are deemed to have read and accepted such variation. If you do not accept the variation, you must stop accessing or using our Platform, the Services, the Materials or the Products, or any part thereof, and terminate your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof. Our right to vary these Terms of Use & Access in the manner aforesaid may be exercised at our sole and absolute discretion and without the consent of any person or entity. 

11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

11.9 Currency: Money references under these Terms of Use & Access or in respect of our Platform, the Services, the Materials or the Products, or any part thereof, shall be in Malaysian Ringgit, unless otherwise stated. 

11.10 Language: In the event that these Terms of Use & Access is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use & Access shall govern and shall take precedence over the Foreign Language Version.

11.11 Entire agreement: These Terms of Use & Access together with our Privacy Policy and the additional specific terms and conditions governing your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, and any other specific terms and conditions, guidelines, notices, operating rules and policies or instructions applicable to you, shall constitute the entire agreement between you and us relating to the subject matter hereof i.e. the access to and use of our Platform, the Services, the Materials or the Products, or any part thereof, and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof. 

11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to our Platform, the Services, the Materials or the Products, or any part thereof, if any, maintained by us or our service providers relating to or in connection with our Platform, the Services, the Materials or the Products, or any part thereof, shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract or assign the performance of any of our functions or services in connection with our Platform, the Services, the Materials or the Products, or any part thereof, and reserve the right to use any service providers, subcontractors and/or agents on such terms and conditions as we deem appropriate in our sole and absolute discretion. 

11.14 Assignment: You may not assign your rights under these Terms of Use & Access without our prior written consent. We may assign our rights under these Terms of Use & Access to any third party.

11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms of Use & Access, or any part thereof, or for any inaccuracy, unreliability or unsuitability of the contents of our Platform, the Services, the Materials or the Products, or any part thereof, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

11.16 Invalidity: If any of these Terms of Use & Access shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.

Schedule to Terms of Use & Access – Definitions and Interpretation

1. Definitions

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use & Access:

“Activity” or “Activities” means each or any activities carried out online through the Online Service including but not limited to: 

1. Any purchase of or subscription for any Services, Materials or Products or any part thereof;
2. Any purchase of any Tickets;
3. Any purchase of Vouchers or Dealer Discount Vouchers (as applicable);
4. Any purchase of Gift Cards;
5. Any reservation or purchase of any Hospitality; or
6. Any purchase of any Goods.

“Advertisement Banner” means an advertisement banner on our Platform, any Services, Materials or Products, or any part thereof. 

“Calendar Space” means a calendar space on our Platform.

“Community Platform and Services” means the community platform and services on our Platform.

“Customer” means an authorised user of our Platform and a purchaser of any Services, Materials or Products, or any part thereof, listed for sale on our Platform, and shall where the context so permits include a User. 

“Dashboard” means a Customer’s account control centre or a Usersr’s account control centre, as the case may be, which is accessible through our Platform’s menu tab.

“Dealer” means an authorised user of our Platform, which is a dealer of any Products or Services, or any part thereof, listed for sale on our Platform. 

“Dealer Shop” means a Dealer’s online shop located on our Platform.

“Goods” means:

1. our online merchandise (including any instalment of or any part of them) or vouchers for merchandise and includes but is not limited to Services, Materials or Products, or any part thereof which are systems or software in nature, downloadable files, images, desktop wall paper, discount vouchers, redemption codes, lucky draws coupons, service reminders and system calendar, dealer subscriptions, Tickets, Vouchers, Dealer Discount Vouchers, Event space subscriptions or participation, promotional campaigns, execution of Services, downloadable content or features, module upgrades or modifications, limited offer module features, drawings and diagrams; or
2. merchandise such as t-shirts, caps, mugs, posters, clocks, tables, bicycles, radio, fashion wear, accessories and paraphernalia,

“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

“JTCars”, “we”, “our” and “us” refer to KL Works Sdn. Bhd. (Company No.: 1420046-T), a company incorporated pursuant to the laws of Malaysia.

“JTCars Group” refer to JTCars, and all its offices, agencies, representative offices, affiliated, associated or related corporations and their respective officers, employees, directors, agents, servants, contractors and personnel, whether situated in or outside of Malaysia.

“JTCars Indemnitees” means each member of the JTCars Group and its successors and assigns.

“Listing Price” means the price of a Service, Material or Product, or any part thereof, listed for sale to Customers, as stated on our Platform in Malaysian Ringgit (For the avoidance of doubt, “RM1,000” shall mean “RM1,000.00”).

“Losses” includes but is not limited to all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not, and all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not, arising from any interrupted use or subscription for Services, Materials or Products, or any part thereof; or any cancellation of any contracts for Services, Materials or Products, or any part thereof, any termination of any purchased Services, Materials or Products, or any part thereof, as a result of any breach.

“Materials” means a material (including any instalment of the material or any parts thereof) available for sale to Customers on our Platform, and includes but is not limited to:

1. A Productivity Module;
2. A Dealer Shop;
3. A Premium Extras;
4. A Community Platform and Services; and
5. All web pages on our Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on our Platform or any part thereof and the functionalities or services or facilities provided on our Platform or any part thereof.

“Online Service” means our Shoppe, our online booking service, our online market place, our  Community Platform and Services and our Productivity Modules (as the case may be and as applicable).

“Order” means a Customer’s order for any Service, Material or Product, or any part thereof, sent through our Platform in accordance with the Terms & Conditions of Sale and such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by the Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

“Password” refers to the valid password that a User who has an account with JTCars may use in conjunction with the Username to access the relevant parts of our Platform, the Services, the Materials or the Products, or any part thereof.

“Personal Data” means data, whether true or not, that can be used to identify, contact or locate you, including but not limited to your name, age, gender, address, occupation, contact details, e-mail address, billing address, shipping address, phone number, credit card or debit card information, the information contained in any of your account(s), the type of Services, Materials or Products, or any part thereof, and such other necessary data regarding yourself and your transaction(s) and/or activities on our Platform or in respect of any Services, Materials or Products, or any part thereof, and any data which relates directly or indirectly to you and/or your transactions and/or your activities, and shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.

“Platform” means (a) the web and/or mobile versions of the web portal and/or any other iterations of the web portal operated and/or owned by JTCars which is presently located, including without limitation at the following  URL: jtcars.net, and URL: jtcars.net and (b) the mobile applications made available from time to time by JTCars, including the iOS and Android versions, and includes all related web portals and websites and sub-sites created by JTCars or the JTCars Group.

“Premium Extras” means the premium Services, Materials or Products, or any part thereof, that a Dealer may purchase to facilitate or promote its business on our Platform.

“Privacy Policy” means our privacy policy applicable to your access to or use of our Platform, the Services, the Materials or the Products, or any part thereof, as may be amended by us, at any time and from time to time.

 “Product” means a product (including any instalment of the product or any parts thereof) available to Customers on our Platform, and includes but is not limited to:

1. Paid Or Unpaid products to access certain features on the platform. 
2. Paid Or Unpaid products to improve performance on the platform.

“Productivity Modules” means any productivity modules (including any instalment of such productivity modules or any parts thereof) available for sale to and use by Customers on our Platform.

“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:

1. contains any computer virus or other invasive or damaging code, program or macro;
2. infringes our Intellectual Property or any other proprietary rights;
3. infringes the Intellectual Property or any other proprietary rights of any third party;
4. is defamatory, libellous or threatening;
5. is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
6. is or may be construed as offensive and/or otherwise objectionable, in our sole and absolute opinion.

“Seller” means a seller of the relevant Service, Material or Product, or any part thereof, as described in the Terms & Conditions of Sale, and includes a Third Party Vendor.

“Seller Shop” means a Seller’s online shop located on our Platform.

“Services” means a service or function or facility (including any instalment of the service or function or facility or any parts thereof) available for sale to Customers on our Platform, or any part thereof, and includes but is not limited to:

1. An Online Service;
2. A Dealer Shop; and
3. A Productivity Module.

“Shoppe” means our Platform’s online shop.

“Submissions” means the materials, information, images, articles, write-ups, reviews, testimonials, ratings, advertisements, biography, interviews, videos, music, songs, listings, items for sale, posters and item descriptions, specifications, terms and conditions, warranties or guarantees that you submit to our Platform and/or provide to us including without limitation in respect of or pursuant to any Services, Materials or Products, or any part thereof, or in respect of or pursuant to any services, materials or products, or any part thereof, of any Dealers, advertisers or other third parties, including but not limited to, questions, reviews, comments, suggestions and other content, as stated in Clause 8.1 of these Terms of Use & Access.

“Terms & Conditions of Sale” means the terms and conditions governing purchases of any Services, Materials or Products, or any part thereof, as may be amended by us, at any time and from time to time and shall include without limitation such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by the Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

“Terms of Use & Access” means the recitals, the clauses and any Schedules to these terms and conditions, as may be amended by us, at any time and from time to time and shall include without limitation such terms and conditions of contract as may be stated in any listing of any Services, Materials or Products, or any part thereof, and such other terms and conditions in as may be additionally specified or stipulated or supplied by the Seller in its sole and absolute discretion in respect of any Services, Materials or Products, or any part thereof.

“Third Party Vendor” means a Seller which, with JTCars’s permission, uses our Platform and/or our Services and/or Materials and/or Products, or any part thereof, to sell its Products or Services, or any part thereof, to Customers, and excludes any member of the JTCars Group.

“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on our Platform or in respect of any Services, Materials or Products, or any part thereof, including the JTCars trademark, service marks, trade names and logos, which are property of JTCars Group.

“User” means an authorised user of our Platform, and shall include a Customer, Seller or a Dealer. 

“Username” refers to the unique login identification name or code which identifies a Customer who has created or registered an account with JTCars.

“User Account” means an account created or registered by a User with us.

“User Shop” means a Users’s online shop located on our Platform.

“You” and “your” means the individuals that are of legal age or otherwise under the supervision of a parent or legal guardian, and who have the legal capacity and authority to enter into and form contracts under any applicable law.

2. Interpretation

Any reference in these Terms of Use & Access to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use & Access. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use & Access, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of JTCars and the provision which is more favourable to JTCars shall prevail. The singular shall include the plural and vice versa; and references to one gender include all genders.

3. Specific terms and conditions applicable to any Services, Materials or Products or any part thereof

In the event of a conflict or inconsistency between these Terms of Use & Access and any specific terms and conditions applicable to any Services, Materials or Products, or any part thereof, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of JTCars and the provision which is more favourable to JTCars shall prevail.

 

Events, Ticketing and Condition of Entry

The use of any ticket, credential and/or other document and/or general or specific authorization granted by KL Works Sdn Bhd (Company No. (1420046-T)) (“Company”), allowing entry to all events in Sepang International Circuit (the “Circuit”) and all other events organized elsewhere, is subject to the following conditions; known as the Conditions of Entry. These Conditions of Entry are applicable for all events taking place in and within the Circuit or other event venues including but not limited to events promoted or organized by the JTCars group. PATRONS ACKNOWLEDGE AND ACCEPT THAT MOTOR RACING ACTIVITIES AND CERTAIN ACTIVITIES ASSOCIATED THEREWITH (NOT LIMITED TO SUPPORT EVENTS) ARE DANGEROUS AND ARE SUBJECT TO INHERENT RISKS OF ACCIDENTS and that attendance or participation in the Event is at the Patron’s own risk. “PATRONS” REFERS TO BOTH TICKET HOLDERS AND NON-TICKET HOLDERS WHO ARE PRESENT AT THE CIRCUIT OR OTHER EVENT VENUES DURING THE EVENTS OR OTHERWISE IN ACCORDANCE WITH THESE CONDITIONS. PATRONS UNDERSTAND, ACKNOWLEDGE AND VOLUNTARILY ACCEPT ALL SUCH RISKS/DANGERS AND HEREBY INDEMNIFY RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS THE JTCARS GROUP, THE DRIVERZ CLUB GROUP, KL WORKS GROUP, FEDERATION INTERNATIONALE DE MOTOCYCLISME, THE AUTOMOBILE ASSOCIATION OF MALAYSIA, DORNA SPORTS S.L. (“DORNA”), GT ASSOCIATION CO. LTD. (“GTA”), MALAYSIA AIRPORTS HOLDINGS BERHAD, ANY PARTICIPATING TEAMS AND DRIVERS, EVENT SPONSORS, EVENT ORGANIZERS AND ALL OTHERS INVOLVED IN THE ORGANISATION, CONDUCT AND PROMOTION OF THE EVENTS, TOGETHER WITH ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SERVANTS, REPRESENTATIVES, CONTRACTORS AND AFFILIATED COMPANIES (“the Associated Bodies”) FROM ANY LIABILITY FOR CLAIMS, LOSS, DAMAGE, COSTS OR EXPENSES ARISING FROM AND CONNECTED WITH THE EVENTS AND/OR ADMISSION TO THE CIRCUIT.

1.0

Patrons duly acknowledge that their entrance and presence at the Event(s) and at the Circuit or other venues are subject to these Conditions of Sale, Conditions of Entry, Ticket Terms and Conditions and any other additional regulations/information which could be obtained from www.JTCars.net and those duly displayed around the event venue. JTCars reserves all right to change the Conditions of Sale, Terms and Conditions of Entry, Ticket Terms and Conditions and any other additional regulations/information without prior notice to the Patrons and to refuse entry or remove any Patron from the Event(s) for any reason whatsoever. The Patrons may also be liable for prosecution in the event of breach of the Conditions of Sale, Conditions of Entry, Ticket Terms and Conditions and any other additional regulations/information.

2.0

JTCars, or any person deemed to be or appointed as an authorized person pursuant to the conditions may, with reasonable cause, refuse admission of or remove any Patron in violation of the Conditions of Sale, Conditions of Entry and Ticket Terms and Conditions without any refund or compensation.

3.0

Tickets are non-transferable on the day or during the day of Event. No Patron, except the holder of the ticket allowing entry to a reserved area or occupation of a reserved seat, shall enter or remain in a reserved area or occupy a reserved seat.

4.0

Every ticket corresponds to certain allocation for attendance and/or seat. Patrons with a valid entrance to the Event(s) are to be seated as instructed on the ticket if applicable. Patrons are not allowed to change seats without prior approval by JTCars and/or its’ authorized persons.

5.0

Patrons must keep tickets safe and in good condition as a duplicate ticket will not be issued if it is lost or stolen and a defaced or illegible ticket may become invalid. All tickets are security printed, if applicable and should only be purchased direct from JTCars or through authorized point-of-sales. Any attempt to present any other ticket may lead to refusal of admission and possible prosecution. Unauthorized vendors will be prosecuted. Authorized vendors selling unauthorized goods will also be prosecuted.

6.0

The ticket is purchased for the Event. The date of the Event and/or the support programme may be subject to change/halt/postponement without refund of monies or exchange in respect of tickets. In such event, JTCars shall not be liable for any loss or damage suffered as a result of the Event (or any part thereof) being changed/halted/postponed. No tickets are transferable to other Events. Tickets to the Event are strictly non-transferable and not for resale. No ticket for the Event shall be sold or offered for sale for any form of fee or reward without the prior written consent of JTCars first being obtained and without complying with these terms and conditions in all respects. No ticket for the Event shall be used by any person for advertising, promotional or commercial purposes including without limitation, prizes, competitions, contests or sweepstakes or packaged with hospitality or other products without the prior written consent of JTCars. JTCars reserves the absolute right to refuse admission to (or eject from) the Circuit any person (a) not complying with these terms and conditions or (b) who is in possession of a ticket which has been sold or used other than in compliance with these terms and conditions or (c) whose conduct is disorderly/unbecoming or deemed to be intoxicated and/or for safety reasons. If Ticket holder is not aged 18 years of age or above, their parents and/or guardians are responsible for their actions, conduct and also compliance with these terms and conditions. Some events have age restrictions and ticket bearers will not be allowed access if they are below the age restriction stated.

7.0

JTCars retains the right at its sole and absolute discretion to refuse entry to any Patron, whether having received the ticket from the original purchaser or another party, arising out of any dispute regarding purchase, payment, queries by credit card issuing banks, stop payment orders by credit card issuing banks, cancellations or a dispute by credit card holders (if paid by credit card), or for torn, defaced or tampered tickets, or for tickets deemed fake fraudulent or forged or for any other reason regarding the validity of the ticket or payment thereof.

7.1

Under such circumstances JTCars shall have the right without reference to the purchaser or Patron to confiscate the ticket being presented.

7.2

Entry will only be considered upon the purchase of new tickets.

7.3

Ticket holder or Patron hereby expressly agrees that JTCars has no liability to purchaser or Patron in the event of non-entry either in contract or in tort or any other reasons whatsoever for any loss, damage or cost arising from any transport, travel, hardship, embarrassment, loss of time or loss of opportunity or any direct indirect or consequential loss arising from the said non-entry.

8.0

Patrons shall ensure that accompanied children, if the event allows, are well taken care of during the Event(s). JTCars shall not be responsible for the safety of their Patron’s children during their presence in the Circuit and/or other areas surrounding the event premises.

9.0

Patrons are not allowed to bring any of the following items into the Event(s):-

9.1

Any outside foods/drinks and any alcoholic beverages;

9.2

Any glass (excluding sunglasses, binoculars and prescription glasses);

9.3

Any beverage container where the manufacturers seal has been broken unless purchased at the Event(s);

9.4

Any ice box (other than one predominantly constructed of polystyrene);

9.5

Any structure or item that may be used to erect a structure, or which is capable of supporting the weight of a person including, but not limited to any chair, lounge, bench or stool;

9.6

Anything which may be used as weapon or otherwise used in a way which endangers the safety of other Patrons or other parties, damages the property or adversely affects enjoyment of other Patrons including distracting the drivers, disrupt or interrupt any Event(s), race or any other activity, whether intentionally or otherwise;

9.7

Any pets;

9.8

Any flags or banner larger than 1 meter or with handles greater than 1 meter long;

9.9

Any electronic device (including drones), which may interfere with, any communication or broadcasting signals and equipment used by the Associated Bodies in connection with the Event;

9.10

Any vehicles golf buggies, bicycles, scooters, skateboards, balancing scooters, motorized mobility solutions and roller blades/skates, fireworks, laser pointers, frisbees, musical instruments and/or amplification equipment including public address systems, distress signals, whistles, loud hailers, horn or bugle, electronic equipment or other broadcast equipment;

9.11

Any illegal drugs except for prescribed medicines.

9.12

Any items, flag, displays which assembles, depict, display or resembles any political party within or outside Malaysia

10.0

JTCars reserves the right to confiscate items brought in illegally by Patrons (if any) and to remove the Patrons failing to comply with the conditions hereof or any other conditions imposed by JTCars during the Event(s).

11.0

JTCars or its personnel reserve the right to inspect any bag, basket or other receptacle or conduct a physical search on Patrons.

12.0

Patrons must not:

12.1

Pick, injure or uproot any tree, shrub, flower or other plants. Climb or attempt to climb any tree or structure;

12.2

Post, stick or place any poster, placard, bill, banner, advertisement or printed paper on any building, structure, fence, tree or cordon;

12.3

Distribute, display, promote or advertise samples of goods or services or anything related thereof;

12.4

Distribute, hawk, sell or offer any goods or services including promoting or advertising samples of goods or services and anything related thereto;

12.5

Deface, damage, misuse any building, structure, or seat or vehicles;

12.6

Block any thoroughfare, bridge, passage, entry or exit;

12.7

Litter, except in the dustbin;

12.8

Behave in any manner that may disrupt or interrupt any race, event or activity, distract a driver of a racing car, or interfere with the comfort of other Patrons or their enjoyment of the Event;

12.9

Throw articles or gain unauthorized entry into the event and or event premises;

12.10

Use indecent or obscene language or threatening or insulting words or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;

12.11

Urinate or defecate otherwise in building or structure specifically provided for that purpose;

12.12

Interfere, obstruct or hinder the Associated Bodies to perform their duties;

12.13

Conduct public surveys or opinion polls, solicit money, donations or subscriptions from other Patrons;

12.14

Smoke in a non-smoking area;

12.15

In respect of the JTCars events, use the name of such Event of part thereof (nor any abbreviation or foreign language version thereof) nor any logo or graphic device of or relating to such Event for any commercial purpose whatsoever without the prior written consent of JTCars first being obtained exercisable in JTCars’ discretion.;

12.16

Make, create, store, record or transmit any kind of sound recording, visual footage or audio-visual footage (Recording), or store, record or transmit any information or other data, including official timing, results, performance, telemetry, weather or race control data (Data) of, at, or in relation to the Event. Unless specified otherwise, It is forbidden to take into the event any equipment that may enable you to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other handheld personal communications devices) are permitted within the event unless otherwise advised, provided that any Recording, Data and any image, including photographic images and any still pictures derived or capable of being derived from a Recording (Image) of the Event that is recorded, stored and/or created thereon is used for personal, private and non-commercial purposes only.

In relation to the JTCars event and all other Events organized/promoted by the JTCars group at the event, as a condition of entry to the event you agree that (a) the use of any such Recording, Data or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for your private enjoyment) without the prior written consent of JTCars is strictly forbidden and will constitute a breach of these terms and conditions for which you may be liable; and (b) on request by JTCars, you shall assign to JTCars in writing the copyright and all other intellectual property in any Image or Recording that you create, make, store or record of, at or in relation to the Event; and (c) you consent to the use by JTCars (and by any third party authorized by JTCars from time to time) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide and approved by JTCars of any still or moving picture images taken at the Event where such image includes any image of you and you waive any and all of your personality and privacy rights to the extent necessary to permit such use.

12.17

Remain at the event outside the published closing times;

12.18

Leave the Event other than through a designated exit;

12.19

Enter any fence or cordoned off area, or interfere with any activity undertaken in any fenced or cordoned off area;

13.0

Official merchandising is on sale inside the event. You must not buy from unofficial vendors. No goods (including literature) of any nature may be offered either free or for sale by any person within the event or any official car parking facility.

14.0

While at the event, Patrons must maintain safe, prudent and respectful behavior and comply with all directions given by JTCars or any of its authorized personnel.

15.0

During the Event(s) the noise level may be very loud within the Circuit or event space. Patrons are advised to wear hearing protection during races and live concerts (if any) to reduce the risk of hearing damage. The vehicles used in the races can generate up noise of up to 130 decibels (db). Exposure to any noise greater than 120 db can cause permanent hearing damage. Each Patron agrees to take the appropriate ear protection, including without limitation, wearing ear plugs and ear muffs, especially for children less than 18 years of age if entry is allowed. All children must be protected against such hearing damage, or permanent hearing damage may result. Their protection is the responsibility of the accompanying adult, parent or guardian. JTCars shall not be made liable or responsible for any damage or injury whatsoever resulting from the noise levels before, during or after the Event(s) at the Circuit or other venues.

16.0

For your security whilst at the Circuit or events, JTCars or the event premise may use CCTV cameras. You consent to any footage that may be taken of you for general security measures. You consent that JTCars may use or pass to the police any recordings from CCTV footage for use in any proceedings.

17.0

JTCars reserves the right to grant or withdraw its consent at any point of time without stating reasons. As such Patrons are required to obey the new instructions of JTCars.

18.0

JTCars shall not be responsible for any damage or loss of valuables/equipment including but not limited to jewelry, camera, vehicles and other valuables.

19.0

Patrons are bound to the current outbreak of the coronavirus disease (“COVID-19”) Pandemic restrictions, namely Movement Control Order (“MCO”), Conditional Movement Control Order (“CMCO”) and Recovery Movement Control Order (“RMCO”) with strict standard operating procedures (“SOP”) in place by the Malaysia Government at all time. JTCars reserves the right to impose and/or update such health restrictions, warnings or guidance at any time as a condition of admittance to, and/or in relation to behavior at, the Circuit as SIC or any other event venue considers appropriate, taking in account current circumstances at that time or in response to any guidance or requirements issued by the Government, any other governmental, judicial or regulatory authority or issued by any rights holder or governing body. Any requirements, changes or updates will be communicated via the JTCars website, email or notices at the Venue.

20.0

JTCars may also implement and operate any health check system which it considers appropriate (such as a temperature check) before entry to the Circuit or event venue is permitted.

21.0

Admittance to the Circuit or event venue is subject to adherence to the rules and regulations of the Circuit and event including all health restrictions imposed and it is the responsibility of all visitors to ensure they are able to comply with such rules and regulations. Any breach of the rules and regulations may result in JTCars refusing admission to the Circuit or event  or ejecting the Ticket holder(s) from the Circuit or event without refund or compensation.

22.0

The safety measures introduced by JTCars are designed to reduce the risks identified in connection with the health restriction, but it is not possible to completely eradicate this risk. It is each Ticket holder’s sole decision to attend the Circuit or event acknowledging that they do so at their own risk. Ticket holders are responsible for their own health and safety and must not solely rely on the measures put in place by JTCars.

23.0

JTCars shall not be responsible for any action taken or imposed upon you by any government bodies with regards to the COVID-19 Pandemic restrictions uncompiled SOP while in the Circuit or event premise.

24.0

The Patrons hereby recognize that it is impractical to make provision for every contingency that may arise. As such JTCars reserve all rights to make such provision and/ solution as it deems fit.

25.0

Patrons acknowledge and agree that if any part of these Conditions of Entry contravenes with the law of relevant jurisdiction, it will not be enforceable. However, such condition (or part or parts thereof) is severable and do not invalidate the remaining conditions.

26.0

No person may use the name JTCARS or part thereof (nor any abbreviation or foreign language version thereof) nor any logo or graphic device of or relating to such Event for any commercial purpose whatsoever without the prior written consent of JTCars first being obtained exercisable in JTCars’ discretion.

27.0

These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties shall submit exclusively to the courts of Malaysia.

28.0

All vehicles (and their contents) parked within any car park operated by JTCars or the venue provides are left at the owners’ sole risk. To the maximum extent permitted by law JTCars shall not be liable for any loss or damage suffered by owners arising from their use of any event venue car park (including damage to owners’ vehicles and/or their contents) event though such loss or damage is caused by the negligence of JTCars, its employees or authorised agents. JTCars reserves the right to move any vehicle it deems necessary due to logistical, safety or similar reasons. It is a condition of admission to the Circuit and any event car park that no animals are allowed within such areas and owners acknowledge that JTCars personnel or their appointed contractor shall be entitled to enter any vehicle by whatever means necessary at the owner’s cost in the event that any animal has been left within any vehicle. The parking pass is strictly not for resale and remains at all times the property of JTCars. The parking pass is issued on the express condition that the holder is bound by the terms and conditions issued by JTCars in relation to the event car parks and the Circuit itself if applicable. The parking pass allows owners to enter the designated event car park to park their vehicles only and not for any other purpose (including, without limit, to conduct any trade or exhibition, to sell any goods, food or beverage or to camp unless specified otherwise). The parking pass is valid for the day indicated only, which may be subject to change in the event of any alteration to previously published timetables. Owners and passengers alike must at all times act responsibly and with due regard to safety whilst in any event car park (either on foot or whilst driving). JTCars reserves the right to confiscate the parking pass and refuse admission and/or eject any person(s) found in breach of these conditions or the conditions of entry to the event. JTCars reserves the right to relocate pass holders to an alternative event car park in the event that the designated event car park is unavailable. JTCars shall not be liable for any loss or damage caused in the event that any event car park is unavailable due to reasons beyond JTCars’ control.