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Terms Of Purchase

Last Modified: 1st April 2018

  1. TERMS APPLICABLE TO ALL PURCHASES
    1. GENERAL
      1. 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.
      2. 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 below).
      3. 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".
      4. 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.
      5. 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.
      6. 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).
    2. DEFINITIONS
      • 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.
      • "Policy of Acceptable Use" means the acceptable use policy posted on https://www.imotorbike.my;
      • "Privacy Policy" means the privacy policy posted on https://www.imotorbike.my;  "Terms of Service" means the terms of service posted on https://www.imotorbike.my;
      • "Website" means the website at https://www.imotorbike.my and its subsidiary web pages; and
      • "you" or "your" means the entity entering into the Purchasing Terms with iM.
    3. PURCHASE OF PRODUCT PACKAGE
      1. 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").
      2. Each Package shall entitle you to specified types and quantities of services from iM.
      3. 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.
      4. 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.
      5. No Package may be swapped for another Package during the Validity Period of the first- mentioned Package.
      6. All Packages should be purchased either through the Website, or via an authorized sales agent of iM.
    4. PRICE REVISIONS
      1. iM reserves the right to revise the price of any of its Products and Packages at any time.
      2. The revised price will be published on the Website.
      3. 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.
    5. PAYMENT
      1. 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.
      2. 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.
      3. 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.
      4. iM shall not have the obligation to entertain any claims that are not supported by an invoice.
      5. 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.
      6. All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Purchase, if applicable.
      7. 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.
      8. 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.
    6. REFUND POLICY
      1. Unless otherwise specified herein, there shall be no refund of any fees paid.
      2. In the event of a refund, such refund shall be paid by bank transfer to the bank account that you have provided.
      3. Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current.
      4. 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.
    7. 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 owner.
    8. INDEMNITIES AND LIMITATION OF LIABILITY
      1. 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.
      2. 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.
      3. 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.
    9. DISCLAIMERS
      1. You expressly understand and agree that:
        • (a) your use of any Product is at your own risk. Such Product