By purchasing any product or service, including access to Professional Account (as defined
below) (each referred to as the "Product") from iMotorbike World Sdn. Bhd ("iM"), you
conclude a legally binding agreement with iM.
Section 1 (Terms Applicable to All Purchases) contains the overarching terms of the
relationship between you (the entity purchasing the Product) and iM. The sections that follow
thereafter are the specific terms applicable to each Product. In addition, iM may specify in
writing that other terms (not contained in these Terms of Purchase) are nonetheless
applicable to purchases of certain Products (the "Additional Terms"). Additional Terms may
include all the the other Terms as presented at https://www.imotorbike.my (as defined
You accept without limitation or qualification these Terms of Purchase (including Section 1 of
the Terms of Purchase and such other applicable section) and the Additional Terms. The
Additional Terms shall be incorporated in these Terms of Purchase by reference, and shall
collectively be referred to as the "Purchasing Terms".
In the event of any inconsistency between the Terms of Purchase and the Additional Terms,
unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.
You agree that iM may modify the Purchasing Terms at any time without liability and without
notice to you. The modified Purchasing Terms will be posted on https://www.imotorbike.my
and will come into effect at iM such posting. You are advised to check for updates to the
Terms Of Purchase regularly, prior to using any Products, or entering into any transaction,
on the Website or with iM.
You understand that you must, at your own cost, provide telecommunication services,
computers and other equipment or services necessary to access any of the Products. You
must comply with all the rules and regulations that apply to the means that you have used to
access the Products (e.g. Internet access).
Except where the context otherwise requires:
"Advertisement" means an advertisement placed by you through iM on an online or offline
medium including but not limited to an offline Newsletter;
“Listing" means an advertisement placed by you through iM on an online medium including
but not limited to the Website;
"Newsletter(s)" means any newsletter that iM may make available through any online or
offline medium from time to time, including without limitation of any iM’s email channels.
"you" or "your" means the entity entering into the Purchasing Terms with iM.
PURCHASE OF PRODUCT PACKAGE
In the event that you have purchased any Product package (including a marketing services
package) ("Package") from iM, you understand that, unless otherwise specified by iM in
writing, such Package is valid for 1month or 12 months from its date of purchase depending
on your selected payment mode (the "Validity Period").
Each Package shall entitle you to specified types and quantities of services from iM.
In the event that at the expiry of the Validity Period, you have not fully utilized the Package that
you have purchased, iM shall, unless otherwise specified in writing, forfeit the unutilized part
of such Package without notice to you. You shall not be entitled to any compensation from iM
as a result of such forfeiture.
If you decide to purchase another Package after the expiry of your previous Package, you
understand that any unutilized part of your previous Package shall not be carried over to
your newly purchased Package.
No Package may be swapped for another Package during the Validity Period of the first-
All Packages should be purchased either through the Website, or via an authorized sales
agent of iM.
iM reserves the right to revise the price of any of its Products and Packages at any time.
The revised price will be published on the Website.
You shall not be subject to the revised price if the revision occurs during the term of your
existing Package. The revised pricing shall apply when you subscribe for a new Package, or
when you renew an existing Package after its Validity Period.
You will pay to iM all fees incurred in connection with the purchase of a Product or Package
(the "Purchase") through a payment method made available by iM from time to time. You
acknowledge that you are solely responsible for any payment method that you have chosen.
If you have been issued with a sales order or e-mail confirmation with respect to your
Purchase, you shall adhere to the payment method, and payment due date, as set out in
such sales order or e-mail confirmation.
If you are paying via cheque, you understand that iM is not responsible for any loss of or
damage to the cheque en-route to iM. You shall be liable to pay to iM such administrative
fees stipulated by iM if the cheque bounces.
iM shall not have the obligation to entertain any claims that are not supported by an invoice.
Late payment shall bear interest at an annual rate of 6% above the average prime lending rate
of DBS Bank Ltd, or the highest rate permitted by law, from the due date until it is paid in full.
All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Purchase,
In the event that you fail to make payment of any fees due under the Purchasing Terms, you
understand that iM shall be entitled to take such steps against you to recover any fees owed
to iM. You agree to indemnify iM of all costs and expenses, including legal fees, which iM
may reasonably incur in the taking of such steps.
iM may, from time to time, issue to you credits (e.g. advertising credits) that may be used to
offset the fees payable for a certain Purchase. You will be notified in writing of the types of
Products/Packages for which the credits may be used. You understand that unless otherwise
stated, all credits that are issued by iM shall be valid for 12 months from the date on which
the credit is issued. Any credits that have not been utilized within this 12 month period shall
be forfeited by iM without notice to you. You shall not be entitled to any compensation from
iM as a result of such forfeiture. You understand that forfeited credits will not be carried over
to any subsequent credit that may be issued to you by iM or purchased by you from iM.
Unless otherwise specified herein, there shall be no refund of any fees paid.
In the event of a refund, such refund shall be paid by bank transfer to the bank account that
you have provided.
Please ensure that all information that you have provided for the purposes of obtaining a
refund is true, accurate, and current.
You agree that iM's obligation to make a refund is fulfilled at the point of transfer of the
refunded sum to the bank account that you have provided. In the event that the refund is
made by way of cheque, iM's obligation to you is fulfilled when the cheque is mailed to you.
Unless otherwise specified in writing, the cheque will be mailed to you via normal post. In the
event that you request for the cheque to be mailed to you via registered post or courier, you
agree to iM deducting from the refund such amount necessary for the cost of mailing the
cheque to you using your desired method of postage.
INTELLECTUAL PROPERTY RIGHTS
iM reserves all intellectual property rights to any content and Product that it provides to you,
including the Website and the Newsletter, including copyright and trade mark rights. All other
names, products and marks mentioned are the intellectual property rights of their respective
owners. Nothing in this Agreement shall be construed or deemed as granting or providing to
you any right, license, interest or permission to deal with any intellectual property of iM in any
way including, without limitation the generality of the foregoing, the right to copy, transfer,
publish, store, create derivative works or use the same, and the right to use any of iM’s
trademarks or trade names in an unauthorized manner. You may not use any of iM’s
trademarks without the prior written consent of iM. All rights not expressly granted herein are
reserved to iM. Except as otherwise permitted by applicable law, any publication of any
copyright work and Product are strictly prohibited without the written consent of the copyright
INDEMNITIES AND LIMITATION OF LIABILITY
You agree, at your own expense, to indemnify, defend and hold harmless iM, and its
subsidiaries, affiliates, officers, dealers or other partners, and employees, against any claim
or demand, including attorneys' fees, made by any third party due to or arising out of:
(a) the publication of your Advertisement/Listing;
(b) the content of your Advertisement/Listing;
(c) any material, product or service provided by you, to which members of the public
(including users of the Website) can access through your Advertisement/Listing (including
without limitation, any claim of trademark or copyright infringement, defamation, breach of
confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
(d) your violation of the Purchasing Terms.
Any claim of any nature whatsoever by either party against the other party and any action
against the other party must be commenced within such time limit prescribed by the relevant
laws, after the date on which the cause of action arose, following which the aggrieved party
shall have no further claim whatsoever against the other party.
In no event shall iM’s aggregate liability for any claims under or pursuant to the Purchasing
Terms exceed the aggregate fees actually paid by you for the preceding 1 month or 12-
month period at the point in time when the claim(s) is/are made against iM.
You expressly understand and agree that:
(a) your use of any Product is at your own risk. Such Product is provided by iM on an "as is"
basis. iM expressly disclaims all warranties of any kind, whether express or implied,
including, but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement, other than any warranty the exclusive of which is not in
accordance with applicable laws;
(b) iM makes no warranty that:
(i) its services will meet your requirements;
(ii) its services will be uninterrupted, timely, secure and error-free;
(iii) its services will be accessible at any time or at all times via the channel selected or used
(iv) the quality of any services, information or other material purchased or obtained by you
through its services will meet your expectations; and
(v) any errors in the services will be corrected.
For the avoidance of doubt, no advice or information, whether oral or written, obtained by you
from iM or its employees or through or from the services shall create any warranty not
expressly stated in the Purchasing Terms.
USE OF PERSONAL INFORMATION
You acknowledge that iM may collect, use and disclose your personal information for the
purposes for which they were collected, including publicizing iM’s products and services to
you. Such information includes without limitation your name, photograph, email address,
telephone number and address.
iM shall comply with applicable data protection laws (if any) in the collection, use, disclosure
and retention of personal information.
You agree that even after the completion of any transaction between you and iM, iM is
entitled to use your personal information for the purposes of publicizing iM's products and
services to you or contacting you to obtain feedback unless you expressly notify iM that you
no longer wish to receive such information on iM’s products and services or be contacted by
incorporated into the Terms of Purchase by reference to this Clause.
iM may terminate the Purchasing Terms without prior notice. Cause for such termination shall
include without limitation:
(a) you being declared insolvent or bankrupt;
(b) failure to make any payment that is due under the Purchasing Terms;
(c) request by law enforcement or other government agencies;
(d) failure to comply with the Purchasing Terms
(e) infringement of intellectual property rights of others;
(f) discontinuance or material modification to the services of the Website or part thereof; or
(g) unexpected technical or security issues or problems.
You further understand that a termination of the Purchasing Terms shall result in a
termination of your access to the Product that you have purchased. iM shall be under no
obligation to refund you the whole or any part of any fees paid by you in advance. In addition,
you are not entitled to any compensation or indemnity, whether for loss of distribution rights,
goodwill or otherwise, as a result of the termination of the Purchasing Terms in accordance
with its terms.
Termination of the Purchasing Terms shall be without prejudice to any other rights or
remedies iM may be entitled to under the Purchasing Terms, at law or in equity and shall not
affect any accrued rights or liabilities nor the coming into or continuance in force of any
provision which is expressly or by implication intended to come into or continue in force on or
after such termination.
The Purchasing Terms shall be governed by and construed in accordance with the laws of
Malaysia, and any claims or disputes of whatever nature shall be subject to the non-
exclusive jurisdiction of the courts of Malaysia.
The failure of iM to exercise or enforce any right or provision of the Purchasing Terms shall
not constitute a waiver of such right or provision. If any provision of the Purchasing Terms is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Purchasing Terms remain in full force and effect.
Unless otherwise stated herein, all notifications to iM pursuant to the Purchasing Terms shall be sent
via e-mail to [email protected]
All Extra Features may be purchased via the Website by way of Extra Features credits. Each
Extra Features credit shall entitle you to 1 Extra Features.
Extra features credits may be obtained through any of the following methods:
Apurchasing an Extra Feature credit unit or package;
purchasing an advertising or media solution Package that has a stipulated number of Extra
Features credits bundled with it;
promotional giveaways; or
any other method that iM may prescribe from time to time.
iM will notify you if it is unable to provide you with the purchased Extra Features. If that happens,
your Extra Features credit will be refunded to you.
iM reserves the right to revise any fees payable for a Extra Features credit Package from time to
You are responsible for providing accurate information when purchasing the Extra Features.
You represent and warrant that you will:
not use the Extra Features for any purpose, activity, or in any manner, that is criminal, illegal or
not conceal or remove any trademarks, intellectual property rights, or rights and notices that
are built by iM on the Extra Features;
not engage in any commercial sale of the Extra Features; and
ensure that all uses of the Extra Features shall be in adherence to the Policy of Acceptable
Section 3 (Marketing Services) shall apply to all forms of marketing services that may be
provided by iM from time to time to enable you to advertise and promote your services and
your Listings and Advertisements.
Depending on the type of marketing service that you have purchased, a Listing or an
Advertisement (as the case may be) may pertain to the advertisement or promotion of:
your services as motorcycle, or related products sales person;
the sale or rental of motorcycles and or related products; or
any other services or products that iM may allow you to advertise or promote from time to time,
including, without limitation, towing services, and repair services, etc.
For the purposes of this Section 3 (Marketing Services), "Content" shall mean the content of a
Listing or an Advertisement (as the case may be) and any other photograph, video footage,
virtual tour, material, content and instructions supplied by you to iM, that are reasonably
required by iM in order to publish the Listing or Advertisement, as the case may be.
Please check the Website, sales order, invoice, e-mail confirmation (if any) or with iM for the
particulars of the Advertisements/Listings to which you are entitled.
Submission of Content:
All Content should be submitted to iM through the methods specified by iM before the date of
placement of the Listing/Advertisement.
However, if your marketing services Package allows for Listings to be placed immediately after
submission on the Website, you may submit your Content to the Website at any time. In the
event that you are unable to submit the Content through the Website, or if iM has so
instructed, please send the Content to iM via e-mail to [email protected] or via such
method that iM may specify.
All Content should be submitted in the file format specified by iM.
If you are sending Content via e-mail or post, please indicate the following information about
(c) date of placement of Advertisement/Listing; and
(d) sales order reference number (if any).
You understand that iM may in its sole discretion reject your Advertisement/Listing, or subject
to you paying to iM such administrative fees that iM may stipulate, postpone the placement
of your Advertisement/Listing to the next available timing, if you do not:
(a) provide the information set out in Clause 3.5.4;
(b) submit the Content in the prescribed format; or
(c) submit the Content on by the deadline prescribed by iM.
Placement of Advertisement/Listing
The acceptance of payment by iM pursuant to your purchase of a marketing services Package
shall not be deemed to be an undertaking by iM to accept any Advertisement/Listing. iM
reserves the right to approve or reject any Advertisement/Listing at its sole discretion without
providing reasons to you. iM retains full discretion to the placement of any
You shall be responsible to check and endorse all Content and the accuracy and veracity of
the same before it is published or repeated. iM is not obliged to accept any requests to
correct errors after the Advertisement/Listing is published or repeated and you shall be solely
and fully responsible for such errors.
You understand that iM does not undertake to review the Content. The publication of any
Advertisement/Listing will not be deemed to constitute an acceptance by iM that such
Advertisement/Listing complies with the Purchasing Terms and the Policy of Acceptable Use.
In submitting the Content for the placement of an Advertisement/Listing, you represent and
(a) you have abided by iM's Policy of Acceptable Use and Terms of Service (where
(b) you have the right to publish the Content without infringing the rights of any third party
and without violating any law, in particular, that you have not used photographs provided by
other users of the Website unless such photographs are provided under shared
(c) no photograph, video footage, virtual tour or material in the Content contains the
watermarked logo or name of any of iM's competitors;
(d) you have obtained all necessary legal, regulatory and governmental approvals, licenses,
consents and permits in relation to any promotional activity, including but not limited to lucky
draws, contained in the Advertisement/Listing, if any;
(e) the Content is true, current and accurate, and does not provide any false information or
misrepresent any law or fact, or overstate or convey a false impression of any relevant
(f) with respect to Listings posted through iM, each Listing pertains to only one specific
(g) you are a registered company under Malaysia Law, if you are placing the
Advertisement/Listing in your capacity as iM’s customer;
(h) you are a employed as a sales person under a registered company under the Malaysian
(i) you have complied with all applicable laws, rules and regulations in the placement of the
Advertisement/Listing, whether in the jurisdiction in which the Advertisement/Listing is
placed, or the jurisdiction in which the targeted audience of the Advertisement/Listing
With regard to any third-party websites that may be linked through the Content, you shall
ensure that the third-party website is relevant to the Content, and that the third-party website
is not a website providing auctioneering or advertising services.
You hereby grant iM, including its employees, sub-contractors or partners, a non-exclusive and
non-transferable license to edit, amend or otherwise correct any Content.
You shall ensure that the all Listings are placed in categories that best describes the services
that you are providing. iM reserves the right to re-locate the Listing to the correct category.
For example, a Listing concerning the sale of a new motorcycle should be placed under the
"New Motorcycle" category, while a Listing concerning the sale of a Tyre should be placed
under the "Tyres" category.
iM reserves the right to remove any Advertisement/Listing that does not comply with the
Purchasing Terms, or upon request by law enforcement or government agencies, without
providing reasons or prior notice to you.
You understand that iM may from time to time make changes to the format and layout of its
Newsletter or Website without prior notice to you. This may result in changes to the format or
layout of your Advertisement/Listing. However, iM shall not make any changes to the content
or size of your Advertisement/Listing.
You may, at any time, request that iM withdraw any Advertisement/Listing that has been
published. However, iM is not liable to refund to you any fees that you have paid for the
withdrawn Advertisement/Listing. You understand that in certain circumstances, a withdrawal
of a published Advertisement/Listing is not feasible (e.g. where an offline Newsletter has
been published). Where iM is agreeable to withdraw the published Advertisement/Listing, iM
shall be entitled to charge you administrative fees (at its sole discretion) for such withdrawal.
The use of HTML tags, bots or any means other than those provided on the iMotorbike
Website is a violation of the Purchasing Terms and may result in iM deleting your Listing.
Continued violation of this Clause may result in suspension or termination of your Account
and forfeiture of the remainder of your Package.
Listings should only be posted by the authorized users. The use of third party services or
third-party software to post listings is strictly prohibited and is a violation of the Purchasing
Terms and may result in iM deleting your Listing. Continued violation of this Clause may
result in suspension or termination of your Account and forfeiture of the remainder of your
The use of HTML tags to manipulate your Listing is a violation of the Purchasing Terms and
may result in iM deleting your Listing. Continued violation of this Clause may result in
suspension or termination of your Account and forfeiture of the remainder of your Package.
Use of Content.
You grant to iM an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy,
modify, adapt and/or manipulate the Content for purposes including but not limited to public
performance or display, or iM's marketing or distribution or placement of Advertisement/Listing on
other mediums other than the Website or the Newsletters.
You agree that iM may use your name and photograph (if any) for the purposes of iM's
marketing or distribution activities.
You shall indemnify and hold harmless iM and its affiliates, employees, partners, contractors,
directors, officers and third party providers from all liabilities, demands, costs and expenses
(including legal expenses) arising in connection with any Content, including but not limited to the
publication of the Content.
Section 4 (Data/Research Products) pertains to Products of iM that allow you to access data,
statistical information and analyses of data pertaining to motorcycle industry (for the purposes of this
Section 4 (Data/Research Products), "iM Research Data"). iM Research Data may be made
available via the Website, Newsletter, or any other medium as may be determined by iM from time to
Pursuant to discussions with you, iM may provide to you customized data/research products, in
accordance with your preferences or requirements that you have conveyed to iM.
Restrictions of use of iM Research Data:
The contents of iM Research Data shall not be reproduced, republished, uploaded, posted,
transmitted or otherwise distributed in any way, without the prior written consent of iM.
In the event that you wish to distribute the iM Research Data or use the iM Research Data in
any way, you should submit your request to iM in writing, stipulating the iM Research Data that you
intend to use, intent of use, manner of use, time frame of use and identity of the user. You
understand that iM is not obliged to accept your request.
You may view, download and print the iM Research Data if:
(a) the iM Research Data is used solely for your internal business purposes or personal use
(as the case may be), and is not distributed to a third party;
(b) no alterations, additions or modifications are made to the iM Research Data; and
(c) due acknowledgement is given to “iMotorbike World Sdn Bhd” and citing the sources for
the relevant data extracted.
Where reproduction of the iM Research Data is permitted, you must ensure that no analysis or
transformation of the iM Research Data may be presented in a manner which suggests or is likely to
lead to the belief that the analysis or transformation of the iM Research Data is attributable to iM.
You must not use the iM Research Data for purposes deemed to be inappropriate and/or
misleading. Such instances include, but are not limited to:
(a) presenting the iM Research Data in a misleading or incorrect manner, or misrepresenting
the data; or
(b) using the data to promote or support any illegal activities.
Your use of the iM Research Data shall adhere to the Policy of Acceptable Use.
iM owns all intellectual property rights in the iM Research Data. iM hereby grants you a non-
exclusive and revocable license to use the iM Research Data for your internal business purposes or
for personal use, as the case may be.
The iM Research Data should not be used for any official or commercial purpose or as a
substitute for professional advice. It is provided “as is” and iM gives no warranty as to its accuracy.
iM shall not, in any event, be liable for any claims, damages, losses, expenses, costs or liabilities
whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business
interruption or loss of information) resulting or arising directly or indirectly from your use of the data
provided. It is reasonably expected that you should seek professional advice before entering into any
iM reserves the right to modify, alter or withdraw the iM Research Data at any time, for any
reason whatsoever, without notice to you.
MICROSITE / YOUR WEBSITE / ONLINE
STORE CREATION SERVICES
Section 5 (Microsite Creation Services) shall apply to all Packages allowing for the building
and/or customization of a microsite based on a webpage template provided by iM or the porting of
your existing website as a microsite on the Website. For the purposes of this Section 5 (Microsite
Creation Services), the microsite, as built or customized for you or as ported to the Website, shall
here in after be referred to as the "Microsite". You understand that you shall be solely responsible for
the maintenance of the Microsite.
Intellectual property rights:
You shall own all intellectual property rights in the content that you have supplied for the
purposes of the Microsite (for the purposes of this Section 5 (Microsite Creation Services),
"Customer Content"). You hereby grant to iM a non-exclusive, perpetual and irrevocable to use the
Customer Content for iM's marketing purposes.
iM owns all intellectual property rights in the webpage templates and any other
content/material (for the purposes of this Section 5 (Microsite Creation Services), collectively "iM
Content") that it provides to you for the purposes of building and/or customizing the Microsite. iM
grants to you a non-exclusive and revocable license to use the iM Content for the purposes of
creating and maintaining your Microsite.
You acknowledge that you have sole responsibility for the use of any third party intellectual
property rights included in the Customer Content.
You represent and warrant that:
you have the right to publish the Customer Content without infringing the rights of any third
party and without violating the law;
the Customer Content abides by iM's Policy of Acceptable Use;
the Customer Content is true, current and accurate, and does not provide any false information
or misrepresent any law or fact, or overstate or convey a false impression of any relevant
you have complied with all applicable laws, rules and regulations in the publication of the
iM will not be responsible for the accuracy and/or functionality of the Customer Content in the
form in which it is provided to iM or as modified upon and in accordance with your instructions for
inclusion on the Microsite.
iM will not be responsible for your failure to provide any services being promoted on the
You understand that iM does not undertake to review the Customer Content. The inclusion of
the Customer Content by iM on the Microsite or the continuous availability of the Microsite to
members of the public will not be deemed to constitute an acceptance by iM that such Microsite,
Customer Content and any third-party websites linked through the Microsite complies with the
Purchasing Terms and the Policy of Acceptable Use.
iM reserves the right to takedown or remove access to any Microsite that does not comply with
the Purchasing Terms, without notice or liability to you.
You shall indemnify and hold harmless iM and its affiliates, employees, directors, officers and
third party providers from all liabilities, demands, costs and expenses (including legal expenses)
arising in connection with any Customer Content, including but not limited to the posting and/or
transmission of Customer Content on the Microsite.
Section 6 (Newsletter Subscription) shall apply to all subscriptions to Newsletters that iM may
publish from time to time.
Please ensure that all personal information that has been provided in the subscription of the
Newsletter is true, accurate and current. iM is not liable for your failure to receive the Newsletter if
such failure of receipt is due to an error in the personal information that you have provided.
In the event that you have subscribed for an online Newsletter, you shall be responsible for
ensuring that the Newsletter gets to your inbox, for example, by adding emails from iM to a "safe"
In the event of a change in your personal information, please notify iM of such change through
such methods specified by iM as soon as possible, to ensure that you do not experience a disruption
in your receipt of the Newsletter. All changes to personal information shall take effect within 5
business days from the date on which iM is notified. iM is not liable for your failure to receive the
Newsletter prior to the date on which the change to your personal information takes effect.
PROFESSIONAL ACCOUNT ACCESS
This Section 7 (Professional Account Access) shall apply to all Professional accounts (for the
purposes of this Section 8 (Professional Account Access), the "Account").
The Account may only be accessed by one user at a time.
The Account may be transferred to another user (the "Transferred User") during the Validity
Period of the Package to which it is associated. You may notify iM of such transfer via such
communication methods prescribed by iM. Please ensure that you have provided iM with true,
accurate and current particulars of the Transferred User in order for iM to effect the transfer. You
understand that if inaccurate, incorrect or insufficient information about the Transferred User has
been provided, iM reserves