Effective Date: January 30, 2017
Thank you for your interest in iMotorbike. In this Visitor Agreement, the terms "iMotorbike," "we," "us," and "our" refer to iMotorbike World Sdn Bhd (1205246-M), and the terms "you" and "your" refer to you as a user of our websites, mobile and other online applications and products and services (collectively, the " iMotorbike Sites").
1. General Provisions
A. By using the iMotorbike Sites, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and IMotorbike; please read it carefully. When using the IMotorbike Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the IMotorbike Sites. All terms and guidelines on the IMotorbike Sites, including our Privacy Statement, are part of this Visitor Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the IMotorbike Sites are subject to this Visitor Agreement. Accessing the IMotorbike Sites in any manner, even through automated means, constitutes your use of the IMotorbike Sites and your agreement to be bound by this Visitor Agreement. IMotorbike may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of the IMotorbike Sites after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. IMotorbike may change, restrict access to, suspend, or discontinue the IMotorbike Sites, or any portion thereof.
B. The material that appears on the IMotorbike Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the IMotorbike Sites may, from time to time, contain errors. The IMotorbike Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the IMotorbike Sites, and you should not rely on it without independent verification.
C. We invite you to bring to our attention any materials or information on the IMotorbike Sites that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Manager, along with an explanation of the inaccuracies.
2. Buying and Selling Vehicles
A. The IMotorbike Sites are a vehicle listing and information service that brings together buyers and sellers. IMotorbike is not a party to any transaction between vehicle buyers and sellers that originates on or through the IMotorbike Sites. Information about a particular vehicle or product is supplied by the seller, not by IMotorbike. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
B. Though we hope that all who come to the IMotorbike Sites will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the vehicles they offer. Nor can we assure the seller of a vehicle that the payment he or she receives from the buyer is legitimate. When using the IMotorbike Sites to find a buyer for your vehicle or a vehicle to purchase, we urge you to use the same common sense and good judgment you would use in selling a vehicle through, or responding to, a classified ad in the newspaper.
C. There is no substitute for healthy skepticism and your own good judgment for making a purchase.
D. Buying a Vehicle
1. The prices listed by sellers on the IMotorbike Sites often exclude sales tax, finance charges, title, license, regulatory, dealer documentary, emission testing, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. Before purchasing a vehicle or any other good or service you have read about on the IMotorbike Sites, you should confirm with the seller any information, including the price that is important to your purchasing decision. IMotorbike is not responsible for, and does not guarantee the performance of, any such vehicles, goods or services listed or researched on the IMotorbike Sites.
2. If it appears that your email message has not reached the seller of the vehicle you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
3. Our used vehicle listings could include vehicles that have been "certified" as meeting certain standards established by manufacturers and/or dealers in connection with their pre-owned vehicle programs. The decision to certify any particular vehicle is made by the certifying manufacturer or dealer, and the vehicle information included in the IMotorbike Sites' certified vehicle listing is provided by the listing dealer. Neither IMotorbike nor the manufacturer is responsible for the accuracy of any information contained in a certified vehicle listing. Only the party that certifies a vehicle is responsible for the decision to certify that vehicle. You should familiarize yourself with the terms of the applicable certification program before buying a certified vehicle.
E. Listing Your Vehicle
1. In order for you to offer a vehicle for sale through our “Sell Now” service for private sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your vehicle at the price at which, and on the terms on which, you have listed it. You must have possession of the actual vehicle listed and the ability to transfer title of ownership. To list a vehicle for sale on the IMotorbike Sites, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any vehicle listed for sale on the IMotorbike Sites, nor may you use the IMotorbike Sites to promote, without our prior written permission, any other website, product, or service.
2. By using the IMotorbike Sites to sell your vehicle as a private seller, you represent that you are at least 16 years of age, that you are not a motor vehicle dealer, that you are not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer, and that neither you nor anyone acting on your behalf will list more than five vehicles for sale simultaneously. A private seller who wishes to list more than five vehicles simultaneously, and any commercial dealer wishing to list any vehicle, must make arrangements with us before doing so. Please visit our Selling Portal for information.
3. When you list a vehicle for sale through our “Sell Now” service, we also may promote your listing on or through third-party websites or services. Neither IMotorbike nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from IMotorbike. Our promotional partners will not contact you with offers to sell you additional distribution or add-on advertising services for your listing without your permission. If third parties contact you without your permission offering to sell you such services, they have likely misused the IMotorbike Sites and violated this Visitor Agreement to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our contact us form.
4. Listings are not to be used to advertise more than one vehicle, regardless of a listing's duration. For this reason, you cannot edit your vehicle's year, make, model, or VIN once you have purchased a listing. Always double-check this information before purchasing a listing. Listing fees are generally not refundable, so if you enter incorrect information in the year, make, model, or VIN fields, you will have to delete the listing and purchase a new one to create an accurate listing. By using the IMotorbike Sites to sell your vehicle, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your vehicle sells as a result of the listing. You also agree to pay any applicable taxes relating to your use of the “Sell Now” service. You may contact our support team if you require a refund.
5. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your vehicle, and for the content of all email messages you transmit through the IMotorbike Sites. Nothing will undermine a user's confidence in the vehicle you are looking to sell faster than inaccurate statements or misleading representations about the vehicle. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of the IMotorbike Sites fairly and honorably.
6. In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on the IMotorbike Sites, we may, from time to time, perform random quality assurance tests to confirm that those who offer vehicles for sale over the IMotorbike Sites are prepared to sell those vehicles at the prices and on the terms which such vehicles are advertised. By using the IMotorbike Sites, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this Visitor Agreement, we reserve the right to deny that seller use of services offered on the IMotorbike Sites and any affiliated websites and remove that seller's listings from each site.
7. By listing a vehicle for sale on the IMotorbike Sites, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that vehicle.
3. Third-Party Services
A. For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain automotive-related products and services, including insurance, warranties, financing, and inspection services.
B. If you choose to purchase an inspection through a third-party website for a vehicle that you are interested in buying, remember that an inspection is not a warranty. Although inspections can be of significant value in the purchase of a pre-owned vehicle, an inspection is not a guarantee that the inspected vehicle is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted. You are responsible for coordinating and arranging the inspection. You release IMotorbike and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.
C. Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the IMotorbike Sites, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the IMotorbike Sites.
D. For your convenience, we may make available links to websites operated by dealers that list their vehicles on the IMotorbike Sites. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse, or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on the IMotorbike Sites, or that may be accessible through a link from the IMotorbike Sites, and you release IMotorbike and our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation, or acceptance of any prize in any such sweepstakes or contest offer.
4. Ownership and Permissions
A. The IMotorbike Sites is provided to our end users for their personal, non-commercial use only. The materials on the IMotorbike Sites are the property of IMotorbike or its licensors, and are protected by Malaysian copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the IMotorbike Sites. You may display and occasionally print a single copy of any page of the IMotorbike Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the IMotorbike Sites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the IMotorbike Sites, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the IMotorbike Sites should be sent to our Customer Service Manager.
B. You are free to establish a hypertext link to the IMotorbike Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by IMotorbike or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the IMotorbike Sites, nor incorporate into another website or service any intellectual property of IMotorbike or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Customer Service Manager.
C. IMotorbike and the IMotorbike logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the IMotorbike Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the IMotorbike Sites without the prior written consent of the owner of the mark.
D. You acknowledge that by transmitting or posting any material on or through the iMotorbike Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the IMotorbike Sites. Among other uses of user materials, the IMotorbike Sites uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
5. User Content
A. The IMotorbike Sites allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
B. You assume total responsibility and risk for your use of any interactive areas of the IMotorbike Sites. You acknowledge that any of the user-generated content posted or transmitted through the IMotorbike Sites represents the views of the author, and not of IMotorbike. You also acknowledge that your use of or reliance on such content is at your own risk.
C. When publishing anything to the IMotorbike Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
1. any copyrighted material unless you own or control the copyright in and to such material;
2. material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
3. material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
4. profanity in subject lines, messages, or signatures;
5. any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
6. material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information;
7. spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
8. material that contains advertisements or commercial solicitations; or
9. material discussing illegal activities or linking to websites that deal with such activities.
D. You further agree that you will not attempt or do any of the following:
1. interfere with or disrupt the IMotorbike Sites or our computer systems, servers, or networks;
2. attempt to gain unauthorized access to any part of the IMotorbike Sites, to accounts that belong to other users, or to computer systems or networks connected to the IMotorbike Sites;
3. engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
4. collect information about others without their consent;
5. interfere with the use of the IMotorbike Sites by any other individual or party;
6. impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
7. share any user name and/or password you have on the IMotorbike Sites with any other persons.
E. Without limiting any of IMotorbike's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the IMotorbike Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
F. Although IMotorbike cannot monitor all of the listings and content posted to the IMotorbike Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to the IMotorbike Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, IMotorbike takes no responsibility and assumes no liability for any content posted to the IMotorbike Sites by you or by third parties.
You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the IMotorbike Sites to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the IMotorbike Sites, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the IMotorbike Sites or any part of the IMotorbike Sites. Disclaimer of Warranties, Limitation of Liability, and Indemnification
A. IF YOU RELY ON THE IMOTORBIKE SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE IMOTORBIKE SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE IMOTORBIKE SITES. THE IMOTORBIKE SITES ARE PROVIDED TO YOU "AS IS." IMOTORBIKE AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE IMOTORBIKE SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE IMOTORBIKE SITES). NOR DO WE OR THEY GUARANTEE THAT THE IMOTORBIKE SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE IMOTORBIKE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IMOTORBIKE AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE IMOTORBIKE SITES BY YOU OR ANY THIRD PARTY.
B. UNDER NO CIRCUMSTANCES WILL IMOTORBIKE OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE IMOTORBIKE SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE IMOTORBIKE SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF IMOTORBIKE AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE IMOTORBIKE SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE IMOTORBIKE SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE IMOTORBIKE SITES.
C. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
D. YOU AGREE TO INDEMNIFY IMOTORBIKE AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE IMOTORBIKE SITES OR ANY BREACH OF THIS VISITOR AGREEMENT.
A. To obtain access to certain services from the IMotorbike Sites (for instance, to manage your private seller listing on the IMotorbike Sites), you may be required to register on the IMotorbike Sites. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the IMotorbike Sites through any username/password assigned to you. You will notify IMotorbike's Customer Service Manager of any known or suspected unauthorized use of your account via email.
B. IMotorbike reserves the right to disclose any information we collect through user accounts and registrations details for marketing and commercial purposes of business partners.
8. Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the IMotorbike Sites, please notify us by sending an email to [email protected] or by sending a notice by Mail to: imotorbike world Sdn Bhd, LOT 6.08, 6TH FLOOR, PLAZA FIRST NATIONWIDE, NO. 161 JALAN TUN H.S. LEE, 5000, Kuala Lumpur, Malaysia, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the IMotorbike Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
A. We want potential buyers visiting the IMotorbike Sites to feel free to share their email addresses with those listing vehicles for sale on the IMotorbike Sites. By accessing the IMotorbike Sites, you agree not to use information concerning other users of the IMotorbike Sites, or the vehicles they have listed or searched for on the IMotorbike Sites (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed vehicle.
B. This Visitor Agreement has been made in, and will be construed in accordance with the laws of, Malaysia, without regard to its choice of laws rules.
C. Please report any violations of this Visitor Agreement to our Customer Service Manager.
END OF VISITOR AGREEMENT