Terms Of Purchase

Last Modified: 1^st April 2018

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 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 by you;
      - (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.
  2. 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.
10. USE OF PERSONAL INFORMATION
  1. 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.
  2. iM shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.
  3. 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 iM.
  4. All personal data about you is subject to our Privacy Policy. This Privacy Policy is deemed incorporated into the Terms of Purchase by reference to this Clause.
11. TERMINATION
  1. 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.
  2. 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.
  3. 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.
12. ENFORCEMENT
  1. 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.
  2. 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.
13. CONTACT US
  
  Unless otherwise stated herein, all notifications to iM pursuant to the Purchasing Terms shall be sent via e-mail to info@imotorbike.com.
EXTRA FEATURES
1. 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.
2. Extra features credits may be obtained through any of the following methods:
  1. Apurchasing an Extra Feature credit unit or package;
  2. purchasing an advertising or media solution Package that has a stipulated number of Extra Features credits bundled with it;
  3. promotional giveaways; or
  4. any other method that iM may prescribe from time to time.
3. 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.
4. iM reserves the right to revise any fees payable for a Extra Features credit Package from time to time.
5. You are responsible for providing accurate information when purchasing the Extra Features.
6. You represent and warrant that you will:
  1. not use the Extra Features for any purpose, activity, or in any manner, that is criminal, illegal or actionable;
  2. not conceal or remove any trademarks, intellectual property rights, or rights and notices that are built by iM on the Extra Features;
  3. not engage in any commercial sale of the Extra Features; and
  4. ensure that all uses of the Extra Features shall be in adherence to the Policy of Acceptable Use.
MARKETING SERVICES
1. 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.
2. 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:
  1. your services as motorcycle, or related products sales person;
  2. the sale or rental of motorcycles and or related products; or
  3. 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.
3. 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.
4. 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.
5. Submission of Content:
  1. All Content should be submitted to iM through the methods specified by iM before the date of placement of the Listing/Advertisement.
  2. 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 info@imotorbike.com or via such method that iM may specify.
  3. All Content should be submitted in the file format specified by iM.
  4. If you are sending Content via e-mail or post, please indicate the following information about yourself:
    - (a) name;
    - (b) company;
    - (c) date of placement of Advertisement/Listing; and
    - (d) sales order reference number (if any).
  5. 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.
6. Placement of Advertisement/Listing
  1. 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 Advertisement/Listing.
  2. 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.
  3. 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.
  4. In submitting the Content for the placement of an Advertisement/Listing, you represent and warrant that:
    - (a) you have abided by iM's Policy of Acceptable Use and Terms of Service (where applicable);
    - (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 photographs;
    - (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 information;
    - (f) with respect to Listings posted through iM, each Listing pertains to only one specific product;
    - (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 Law; and
    - (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 resides.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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 Package.
  13. 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.
7. Use of Content.
  1. 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.
  2. You agree that iM may use your name and photograph (if any) for the purposes of iM's marketing or distribution activities.
  3. 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.
DATA/RESEARCH PRODUCTS
1. 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 time.
2. 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.
3. Restrictions of use of iM Research Data:
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Your use of the iM Research Data shall adhere to the Policy of Acceptable Use.
4. 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.
5. 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 transaction.
6. 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
1. 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.
2. Intellectual property rights:
  1. 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.
  2. 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.
  3. You acknowledge that you have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.
  4. You represent and warrant that:
    1. you have the right to publish the Customer Content without infringing the rights of any third party and without violating the law;
    2. the Customer Content abides by iM's Policy of Acceptable Use;
    3. 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 information;
    4. you have complied with all applicable laws, rules and regulations in the publication of the Customer Content.
3. Disclaimers:
  1. 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.
  2. iM will not be responsible for your failure to provide any services being promoted on the Microsite.
  3. 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.
4. 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.
5. 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.
NEWSLETTER SUBSCRIPTION
1. Section 6 (Newsletter Subscription) shall apply to all subscriptions to Newsletters that iM may publish from time to time.
2. 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.
3. 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" list.
4. 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
1. This Section 7 (Professional Account Access) shall apply to all Professional accounts (for the purposes of this Section 8 (Professional Account Access), the "Account").
2. The Account may only be accessed by one user at a time.
3. 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 the right not to effect the transfer of the Account.
4. You acknowledge that you are fully responsible for:
  1. maintaining the confidentiality of your password; and
  2. all activities that occur under your Account.
5. iM reserves the right to access your Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to you.
6. Your Account will only be activated when the Package that you have purchased has been fully paid for, and such payment has been verified by iM.
7. You understand that the Website may, from time to time, be undergoing maintenance and/or servicing. During such period, the Website and consequently, the Account, will be inaccessible.
8. All activities occurring under your Account must be in compliance with the Policy of Acceptable Use and with all applicable laws, rules and regulations.
9. iM reserves the right to delete any Listing in your Account that appears to be a test posting, recruitment, false, or otherwise insincere or non-serious Listing, without notice to you.
10. iM may, under certain circumstances and without prior notice to you, at its sole discretion, immediately terminate, or suspend for such period as iM may determine, your Account and access to the Products that you have purchased. Cause for termination and suspension shall include without limitation:
  1. breaches or violations of the Purchasing Terms;
  2. request by law enforcement or other government agencies;
  3. self-initiated Account deletions;
  4. infringement of intellectual property rights of others;
  5. discontinuance or material modification to the services of the Website or part thereof;
  6. unexpected technical or security issues or problem; or
  7. extended periods of inactivity.
11. Termination or suspension of your Account shall result in:
  1. removal of access to and barring of further use of all offerings of the Website and the Products;
  2. forfeiture of all unutilized parts of the Package that you have purchased; and
  3. deletion of your password and all Account related information, files, and content associated with or inside your Account (or part thereof).
12. Termination of your Account 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.
TRAINING
1. iM will conduct scheduled training sessions on the use of the Account (as defined in Section 7 (Professional Account Access)) which are open to Account users and to persons who are interested in setting up an Account. iM will announce the schedule of training sessions on the Website. The topics covered in the training sessions include, but are not limited to, managing the Account, creating and managing Listings, setting up a website to promote Listings, and other topics. The training sessions will be conducted at such time and place as specified by iM for such purpose.
2. Account users or persons (each an “Attendee”) who wish to attend a training session should register with iM for the training session which is of interest. Registration for a training session can be carried out through the Account (for Account users only) or through such other methods as iM may specify from time to time. By registering for a training session, the Attendee agrees to pay the registration fee imposed by iM for such training session. In connection with the setting up of an Account, iM will provide up to 3 training sessions to the Account user at no charge (each a “Complimentary Session”). Unless the Attendee is utilizing a Complimentary Session, full payment of the registration fee is required from the Attendee before attendance of the training session.
3. If a training session is fully subscribed or is postponed or cancelled by iM, iM will notify the Attendee and at his option, either allow the Attendee to attend the next available training session or refund any registration fee which has been paid. If the Attendee is utilizing a Complimentary Session, he may elect to attend another available training session or forfeit the Complimentary Session.
4. If an Attendee wishes to withdraw from a training session, iM will refund 75% of the registration fee if written notice of withdrawal is received by iM at least 7 days before the date of the training session. The remaining 25% of the registration fee will be charged by iM as an administration fee. No refund of the registration fee will be made for withdrawals which are notified to iM less than 7 days before the date of the training session. If the Attendee is utilizing a Complimentary Session, he will forfeit the Complimentary Session if his withdrawal is notified to iM less than 7 days before the date of the training session.
5. If requested, iM may conduct group training sessions for employees and agents of real estate agencies and/or housing developers at such location to be agreed subject to payment of the fees and expenses imposed by iM for such group training sessions.
CONCIERGE VIP SERVICE
1. Requests for Concierge Vip Service to create an enhancement of content production quality, quantity and increased engagement with buyers in a Listing (“Services”) can be submitted to iM by email to info@imotorbike.com or through such method as iM may specify from time to time. In submitting a request for Services, please provide the following information:
  1. your name and company; and
  2. the address and Extra Features of the property.
2. iM may at its sole discretion reject your request for Services if you do not provide the information required by iM.
3. Prior to commencement of the Services, iM, through its authorized internal processes, will conduct an inspection of your Account and make his recommendations on the implementations to be carried out.
4. Upon agreement of the work to be done, you will verify that the specifications and order (“Order”) prepared by iM are correct and iM confirms and accepts your Order.
5. You shall be responsible for payment of all fees for the Services. iM reserves the right at its sole discretion to require you to make full or partial payment of the fees prior to the provision of the Services.
6. All payments for the Services shall be paid by telegraphic transfer to iM, or by any other mode of payment as notified by iM.
7. iM shall not be liable for any loss, damage, costs or expenses, arising directly or indirectly in connection with the performance of the Services, including, but not limited to, the failure of its employees or sub-contractors to:
  1. complete the Services in accordance with the specifications in the Order; or
  2. complete the Services by the deadline specified in the Order;
8. You represent and warrant that you will:
  1. not use the Services for any purpose, activity, or in any manner that is criminal, illegal or actionable;
  2. not conceal or remove any trademarks, intellectual property rights, or rights management notices that have been placed by iM; and
  3. ensure that all uses of the Service shall be in adherence to the Policy of Acceptable Use.

Terms Of Service

Please read these terms carefully before using the web site. Using the site indicates that you accept these terms.

Use of site

iMotorbike.my (the "Site") is operated by iMotorbike World Sdn. Bhd. incorporated in Malaysia.

We may at any time change these terms and you should therefore periodically visit this page to review the then current terms to which you are bound.

Unless otherwise noted, you should assume that the copyright in everything you see or read on the Site including but not limited to any designs, text, graphics, source code, or software belongs to iMotorbike World Sdn. Bhd.. Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Site without the prior written consent of iMotorbike World Sdn. Bhd.

The trademarks and logos displayed on the Site are the registered and unregistered trademarks of their respective owners. Use of the trademarks displayed is strictly prohibited. You are advised that the owners of the trademarks will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

You agree that you will not use this website or our services to carry out any "data mining" services to collect or collate information about the identities and offers of our clients and/or advertisers.

About the information

iMotorbike World Sdn. Bhd. uses reasonable efforts to include accurate and up to date information. However, iMotorbike World Sdn. Bhd. makes no warranties or representations as to its accuracy. In particular, iMotorbike World Sdn. Bhd. assumes no liability or responsibility for any errors or omissions in the content of the Site.

Everything on the Site is provided on an "as is" basis without any representation, endorsement or warranty of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or non-infringement.

Submitted information

Any information you provide to iMotorbike World Sdn. Bhd. through or in connection with this Site will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of iMotorbike World Sdn. Bhd. or its affiliates who are free to use the information for any purpose.

You agree that no Submissions provided by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Submissions you make.

Through your usage of this Site, you may submit and/or iMotorbike World Sdn. Bhd. may gather certain limited information about you and your Site usage. iMotorbike World Sdn. Bhd. is free to use such information as stated in its privacy policy.

Links to other websites

This Site may contain links to other web sites. These are provided solely as a convenience to you and access to any of these linked sites is at your own risk.

iMotorbike World Sdn. Bhd. does not control and is not responsible for any of these sites or their content.

iMotorbike World Sdn. Bhd. does not allow unauthorised hypertext links to the Site.

Limitation of liability

You agree that your use of the Site is at your sole risk and that you are responsible for all costs associated with your access to, or use of, the Site. iMotorbike World Sdn. Bhd., its directors, employees or any other representative will not be liable for any damages, losses, costs, claims or demands of any kind, whether direct, indirect, compensatory or consequential, related to your use of this Site or the information content, materials or products included on this Site. These terms are governed by Malaysia law and any dispute will be resolved exclusively by the Malaysian courts.

Changes to these Terms and Conditions

The nature of our business is constantly evolving and therefore our Privacy Policy and Terms Of Service will also change over time. You should check the website frequently to see if any recent amendments or additions have been made.