1. TERMS OF USE (the "Terms")
1.1. These are the terms of use and services (the "Terms") of Mobility Technologies Sdn. Bhd. (Company Registration No: 202301034552 (1528475-W)) and its subsidiaries and affiliates (the "Mobee"). The access to and use of the services on this website (the "Website") are subject to these Terms.
1.2. Mobee provides an online automotive platform that allows prospective buyers to research, compare, bid, and purchase vehicles listed on the Website.
1.3. By accessing and using the Website, you agree to comply with and be bound by these Terms, which shall be applicable to all Users of the Website. If you are using and accessing the Website on behalf of a business entity, the term "you" in these Terms shall mean the business entity you represent, unless the context does not permit.
1.4. Please carefully read these Terms as they affect your rights and liabilities under applicable laws and regulations in the Malaysia. If you do not agree to these Terms, you should not use the Website.
2. RIGHT TO USE AND RESTRICTIONS
2.1. You are responsible for accessing and using the Website, including obtaining the necessary data network access, even if the access is by another person.
2.2. You access and use the Website at your own risk. We shall not be liable for any damage to, or viruses or other codes that may affect any hardware or device, software, data, or other property as a result of your access to and use of the Website.
2.3. You may only access the Website using authorized means. It is your responsibility to ensure that you have downloaded and/or updated the correct software for the hardware and device used to access the Website. We do not guarantee that the Website, or any part thereof, will function as intended on any particular hardware or device. We are not liable if you do not have compatible hardware or a compatible device or if you have downloaded the wrong version of the software on your hardware or device.
2.4. You shall access and use the Website in accordance with any instructions for access and use of the Website provided by us, these Terms, and the regulations in force in the Malaysia.
2.5. You shall not:
2.5.1. Impersonate any person or party or falsely declare, distort, or misrepresent your affiliation with any person or party in connection with the Website, or express or imply that we endorse any statement you make;
2.5.2. Damage or disrupt the Website and/or its operation;
2.5.3. Use the Website for any fraudulent, unauthorized, or unlawful purpose;
2.5.4. Provide knowingly false, misleading, inaccurate, illegal, threatening, obscene, hateful, libellous, or defamatory information or content;
2.5.5. Use the Website in a manner contrary to our interests or the interests of other Users;
2.5.6. Introduce or allow the introduction of computer viruses or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or personal information related to the Website;
2.5.7. Reproduce, duplicate, copy, sell, resell, or exploit any portion of, use of, or access to the Website for commercial purposes;
2.5.8. Use the Website in breach of any laws and regulations in the Malaysia;
2.5.9. Engage in any unauthorized scraping, data mining, or data harvesting from the Website without our prior written consent;
2.5.10. Share, distribute, or disclose any sensitive personal information of other Users obtained through the Website without their explicit consent;
2.5.11. Attempt to gain unauthorized access to any restricted areas of the Website, its servers, or any other systems or networks connected to the Website;
2.5.12. Interfere with or disrupt the security measures, functionality, or performance of the Website or its underlying software or infrastructure;
2.5.13. Engage in any activity that could compromise the privacy or security of other Users or third parties;
2.5.14. Use automated scripts, bots, or other means to access or interact with the Website, except where explicitly permitted by us;
2.5.15. Use the Website to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
2.5.16. Violate any intellectual property rights or proprietary rights of Mobee or any third party, including but not limited to copyright, trademarks, or patents;
2.5.17. Engage in any activity that could damage the reputation or goodwill of Mobee or its affiliated entities; and
2.5.18. Violate any applicable laws, regulations, or legal obligations in the Malaysia while using the Website.
2.6. We reserve the right to, including but without limitation:
2.6.1. Check, vet, and control any activity, content, or information occurring on or through the Website;
2.6.2. Investigate any infringement of these Terms and take appropriate action;
2.6.3. Restrict your access to and use of the Website if you violate any of the provisions stated in Clause 2.5 above;
2.6.4. Report any suspicious activity concerning the possible transgression of any applicable law or regulation to the appropriate authorities and cooperate with such authorities;
2.6.5. Monitor user activity and communications on the Website to ensure compliance with these Terms and applicable laws and regulations;
2.6.6. Remove or disable access to any content or information that violates these Terms or is deemed inappropriate, offensive, or illegal;
2.6.7. Terminate or suspend your access to the Website without prior notice if we reasonably believe that you have violated these Terms or engaged in any prohibited activities;
2.6.8. Take legal action or seek remedies, including but not limited to damages, injunctive relief, or any other appropriate remedy, against any individual or entity involved in activities that harm the Website, its Users, or Mobee's interests.;
2.6.9. Modify, update, or discontinue any aspect of the Website, including its features, services, or functionalities, with or without prior notice;
2.6.10. Refuse or reject any user-generated content, listings, or advertisements that do not comply with our content guidelines or standards;
2.6.11. Suspend, terminate, or modify the Website's operations temporarily or permanently due to maintenance, upgrades, or unforeseen circumstances; and
2.6.12. Modify or revise these Terms at any time without prior notice. It is your responsibility to review the Terms periodically for any updates or changes.
3. WARRANTIES AND LIMITATION OF LIABILITY
3.1. Prospective buyers are advised to read and understand the terms and conditions of the sale, inspect the listed vehicles, and conduct their own searches, inquiries, investigations, and verifications regarding the accuracy and correctness of the information provided on the Website before making a purchase.
3.2. All prospective buyers should also note that any vehicle(s) listed for sale on the Website is subject to the terms and conditions of sale. The listing of any vehicle(s) may be withdrawn from the Website at any time, without prior notice and for any reason. The decision of the Website regarding the proposed sale is final and not subject to challenge. We, the Website, and its Agents shall not be held liable for the contents herein or for any withdrawal of vehicle(s) from the sale.
3.3. We may modify or discontinue the Website or any of its services or features, including specific listings, with or without notice, without liability to you, any other user, or any third party for any reason. You understand and agree that the Website and its services are provided on an "AS AVAILABLE" basis. Mobee assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications.
4. PERSONAL DATA
4.1. Our Personal Data Protection Notice governs the use of any personal information you provide to us via the Website. A copy of the Privacy Policy and Personal Data Protection can be accessed on the Website.
5. DISCLAIMER
5.1. We shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use, or failures of the Website. We expressly disclaim any express and implied warranties, including without limitation the completeness or accuracy of any information provided or made available to you. We do not warrant that the Website and any of its related facilities or capabilities will be free of interruption or error, that defects will be corrected, or that the equipment and software making the Website available are free of viruses or other harmful components.
5.2. The above disclaimer applies to the fullest extent permitted by law. In jurisdictions where the exclusion or limitation of liability is not allowed, our liability shall be limited to the maximum extent permitted by applicable law.
Dated: 3 October 2023