Terms & Conditions

TERMS OF USE OF MUVONE 

This “Terms of Use of muvone” (“TOU") governs your use of the muvone platform (“Platform”), whereby you may view and request for test drive of Used Vehicles (as hereinafter defined) before deciding whether to purchase the same. 

You must register yourself and accept these TOU in order to use the Platform. By registering, accessing and/or using the Platform, you shall be deemed to have read, understood and agreed to be bound by these TOU (and such other terms and conditions and policies as may be referred to in these TOU). If you do not agree with any of these TOU, please immediately discontinue your access to and/or usage of the Platform.

A.MEMBERSHIP REGISTRATION

1.The application to be a member of the Platform (“Membership Application”) is free of charge.

2.Where you are:-

2.1.An individual, you must be at least eighteen (18) years of age and is capable of entering into a legally binding agreement.

2.2.a company, you must be a legally incorporated company in Malaysia.

3.During the application process, you may be required to provide us with accurate and complete personal information, including but not limited to your name, address, telephone number, email address and any other information as may be deemed necessary by us (“Registration Information”):- 

3.1.You shall be responsible to provide MUV with complete, accurate and updated Registration Information. 

3.2.MUV will process your Registration Information in accordance with the terms of our privacy notice, which can be access at from the website: www.muv-x.com (“MUV’s website”).

4.You shall be responsible for maintaining the confidentiality, security and use of your user ID and password (collectively, “Log-In Credentials”):

4.1.All instructions, confirmations, withdrawals, actions, acceptances or whatever representations or dealings that have been received by MUV via your account shall be binding on you, whether given by you or other persons purporting to be you. You shall be solely responsible to MUV for all activities that occur under your account.

4.2.MUV shall not at any time be under a duty to verify the identity or authority of the person dealing with MUV apart from verifying the Log-In Credentials. You shall be fully responsible for any accidental or unauthorized disclosure of your Log-In Credentials to any other person and shall bear the risk of any unauthorized usage of your Log-In Credentials. 

4.3.If there has been any unauthorized access to your account, you shall notify MUV as soon as practicable. Until MUV actually receives such notification, you shall remain responsible for any access and all use of the Platform by the unauthorized person. MUV shall reserve the right to impose any administration fees in disabling and/or re-programming your Log-In Credentials.

5.MUV reserves the absolute rights and discretion to suspend and/or terminate your account in the Platform, if MUV determines or reasonably suspects that:

5.1.you have violated any of these TOU; 

5.2.you have provided false information and/or documentation to MUV; 

5.3.you are or is reasonably suspected by MUV to be engaged in any unauthorized and/or dishonest and/or fraudulent account activity or behavior.     

6.MUV shall not be liable for any damages of any type which may arise from your use of the Platform. You hereby agree to release, indemnify and keep indemnified MUV from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by MUV to any person arising out of or in connection with:- 

6.1.your failure to comply with these TOU; 

6.2.your use of the Platform including but not limited to your use of the Used Vehicles during the Short Test Drive.

7.Time, wherever mentioned in these TOU, shall be deemed to be of essence.

8.If any one or more of the provisions contained in these TOU is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions hereof shall not be affected in any way or impaired thereby.

9.All notices, demands or other communications required to be given or made to MUV shall be made in writing and delivered by personal service, prepaid registered post or email at the address, facsimile and/or email address as set out hereunder (or to such other address and/or email address as may be notified by MUV to you from time to time):-

Address:Lot 3, Jalan 6/3, Kawasan Perindustrian Seri Kembangan, 43300 Seri  Kembangan, Selangor, Malaysia. 

Facsimile No,:03-8947 6880

Email address:hello@muv-x.com

10.These TOU shall be governed by and interpreted in accordance with the laws of Malaysia. Any and all actions, disputes or controversies arising out of or in relation to these TOU and/or the use of the Platform shall be submitted to the exclusive jurisdiction of the court of Malaysia.

B.USE OF THE PLATFORM

1.Definitions

1.1.The second hand vehicles listed for sale in the Platform shall be collectively be referred to as the “Used Vehicles”, and the term “Used Vehicle” shall be construed accordingly.

1.2.MUV and you are collectively identified and known as “parties”.

2.Listing of Used Vehicles 

2.1.All Used Vehicles available for booking, test drive and purchase are as listed in MUV’s website.

3.Price of Used Vehicles

3.1.The prices of the Used Vehicles as listed on the MUV’s website are the net price (“Car Price”), excluding MUV’s service fees (where applicable only, see Clause 3.2 below), road tax, insurance and all other taxes payable including but not limited to the sales and service tax or other similar governmental impositions and interests. The Car Price of the Used Vehicles on MUV’s website may be subject to change from time to time without any advance notice. 

3.2.Price of Used Vehicles are open for negotiation (oral and or written) until a mutual price is agreed upon between parties. 

3.2.1.The final price of the Used vehicle upon negotiation shall be that as stated in the Buyer’s Order (“Final Price”). 

3.2.2.Where applicable, The Final Price shall be inclusive of MUV’s service fees amounting to RM1,500.00 (or such other amount as may be revised by MUV from time to time), road tax, insurance and all other taxes payable and shall override any previous oral/written discussion between parties. 

3.2.3.There shall be no further negotiations on the price of Used Vehicles upon issuance of the Buyer’s Order.

4.Physical Viewing of Used Vehicles

4.1.You may request for physical viewing of the Used Vehicles and request for short test driving of the same. 

4.2.Physical viewing and test drive of Used Vehicles may be made  at the location as indicated on MUV’s website.

5.Confirmation of Purchase; Payment 

5.1Upon your confirmation of your intention to purchase the Used Vehicle, you shall be required to complete and sign the following documents:-

5.1.1.A Buyer’s Order, whereby the Final Price for the Used Vehicle as agreed between the parties will be stated; and  

5.1.2.In the event where the purchase of the Used Vehicle is by way of financing, the hire purchase agreement and such other documents as may be required by the relevant financial institution.  

5.2Payment of the Final Price:-

5.2.1.For cash buyers:- 

5.2.1.1.The balance of the Final Price shall be settled within five  (5) working days from the date of your execution of the Buyer’s Order.  

5.2.2.For loan buyers:-

5.2.2.1.The loan for the purchase of the Used Vehicles will be up to a maximum of 90% of the Final Price only. 

5.2.2.2.The remaining 10% of the Final Price shall be treated as down payment for the Used Vehicle (“Down Payment”) and shall be paid by you to MUV within five (5) working days from the date of Letter of Undertaking is being issued. 

5.2.3.In the event of your failure to comply with the payment obligations as stipulated above, MUV reserves the absolute discretion to:- 

5.2.3.1.Terminate the Buyer’s Order; 

5.2.3.2.properly dispose and/ or make available the selected Used Vehicle for other potential buyers; and

5.2.3.3.forfeit the Deposit in entirety.

5.2.4.To the extent your purchase of the Used Vehicle (whether by cash or otherwise) is subject to the sales and service tax or any other similar governmental impositions and interests (“Taxes”), you shall bear such Taxes and shall indemnify MUV and keep MUV fully indemnified at all times in respect of your breach of obligation hereto.

5.3Trade in option:-

5.3.1.You may opt to trade in your vehicle(s) with MUV (“Trade In Vehicle”) as part payment of the Final Price for the Used Vehicle.

5.3.2.The Trade In Vehicle shall be subject to MUV’s appraisal and valuation, and it is the sole discretion of MUV whether to accept or reject the Trade In Vehicle.

5.3.3.Upon agreement of all parties to the trade in value of the Trade In Vehicle (“Trade In Value”), the Trade In Value shall be deducted from the Final Price of the Used Vehicle and subsequently reflected in the revised Buyer’s Order. 

5.3.4.You shall ensure that the Trade In Vehicle is delivered to MUV’s Seri Kembangan Branch, together with such documents as may be necessary for its transfer of ownership to MUV (e.g. the vehicle ownership certificate of the Trade In Vehicle), during collection of the Used Vehicle rom MUV.

6.Refund

6.1.There shall be STRICTLY NO REFUND in respect of the Used Vehicle(s) purchased by you via the Platform.  

7.Insurance 

7.1.You shall be solely responsible at your own costs to procure the relevant insurance for the Used Vehicle in accordance with the applicable laws, regulations and requirements of Malaysia. Upon request, MUV may assist in the procurement of the insurance for the Used Vehicle. 

7.2.The costs of the insurance will be included in the Final Price of the Used Vehicle and will be reflected in the Buyer’s Order.   

8.Warranty

8.1.For the avoidance of doubt, the Used Vehicles on the Platform are sold strictly on an “AS IS WHERE IS” basis, and MUV does not provide any warranty whatsoever in respect of the Used Vehicles. All implied terms and warranties are, to the maximum extent permissible by laws, hereby excluded. All implied warranties under the Sale of Goods Act 1957 (Act 382) are also specifically and expressly excluded.

8.2.You may purchase an extended warranty for the purchased Used Vehicle (“Extended Warranty Package”) from any one of MUV’s list of available insurers, including but not limited to MyOpal Services or AmGeneral Insurance Berhad (“Insurers”) at your own expense & costs, and subject to such terms and conditions as may be stipulated by the respective Insurers.


SPECIFIC TERMS FOR MUVBID

1. Bid Ticket

1.1 In order to place a bid on muvbid, one must first purchase a Bid Ticket for each unit of vehicle listed on the muvbid platform that you intend to bid for (“Vehicle”). Without any Bid Ticket, you will not be able to participate in the muvbid Bidding.

1.2 Each Bid Ticket costs RM600.00. You may purchase the Bid Ticket from MUV Marketplace Sdn. Bhd. (“MUV”) via online purchase found on muvbid website.

1.3 Bid Ticket will be used upon successful bidding, otherwise it will be returned to your account as per clause 1.4.

1.4 Unused Bid Ticket:-

(a) In the event of unsuccessful bidding or being outbid, the Unused Bid Ticket will remain in your account (“Unused Bid Ticket”).

(b) In respect of such Unused Bid Ticket, you may exercise any one (1) of the following options:

(i) To utilize the Unused Bid Ticket for your next bidding of other Vehicle(s) in the muvbid platform; or

(ii) To request from muv, in writing, to hello@muv-x.com for a refund for the Unused Bid Ticket, whereupon receipt thereof, muv will process your request within fourteen (14) days.

1.5 In the event where you have been registered as a “Dealer” by muv, the Bid Ticket requirement in Clause 1.1 above will not be applicable to you. You will be entitled to bid for any number of Vehicle(s) in the muvbid platform, PROVIDED if you have activated the “membership deposit” feature (please refer to the General Terms of Use (TOU) on the activation of the “membership deposit” feature).

2. Condition of the Vehicles

2.1 The Vehicles listed on the muvbid platform are sold strictly on an “AS IS WHERE IS” basis, without any warranty whatsoever. muv hereby disclaim any and all liability in respect of any representations as may be made by the Seller with regard to the Vehicle(s).

2.2 All implied terms and warranties, warranties on merchantability, roadworthiness, registrability, free from encumbrances and fitness for a particular purpose of the Vehicles, are hereby excluded. All implied warranties under the Sale of Goods Act 1957 are also specifically and expressly excluded.

2.3 The Vehicles will remain in the physical possession of the Seller until a successful bidder is identified, and the Seller has agreed with the sale of the Vehicle by delivering the Vehicle to muv’s yard on the next day after Seller’s acceptance. In this regard, in the event where you become the successful bidder of the Vehicle, you are advised to:

(a) inspect the Vehicle at muv’s yard at your own cost and expense on the Vehicle Surrender Date or such other time as may be notified by muv pursuant to Clause 4.1 below;

(b) make verification as to whether any summons were issued by the authorities, in respect of the Vehicle; and

(c) make independent verification with the authorities as to the accuracy of the details, identification marks, make, type, model, version, year of manufacture and other particulars of the Vehicle;

so as to satisfy yourself completely of the condition and status of the Vehicle before

confirming your decision to proceed with the purchase of the Vehicle. muv will at all time

be indemnified of any and all responsibility and liability of the Seller’s non

disclosure of Vehicle’s information and/or non-declaration of Vehicle’s status as onus of

proof is on the Seller.

2.4 The Seller is encouraged to arrange for an inspection, free of charge, during listing of their Vehicle, at one of our many muv hubs to get their muv Verified badge (explained in clause 3.3 (d) iv)) or to request for muv to arrange for a mobile inspection at their premise at the cost of RM50 which is only available in Klang Valley, Penang and Johor (Johor Bahru, Johor Jaya, Skudai, Nusa Jaya, Permas Jaya, Pasir Gudang).

3. Bidding Process

3.1 Vehicles listed on muvbid platform will be available for bidding up to seven (7) days (“Bidding Time”). The vehicle listing will be live on the muvbid website at all times. Please check the website regularly to find out any new listing or status of bidding on the muvbid platform.

3.2 All Vehicle submission will firstly be reviewed and approved by muv prior to listing onto the muvbid website. muv reserves the rights to modify and amend the description and details submitted.

3.3 The muvbid website will display the following particulars of the Vehicles currently available for bidding:

a) Vehicle Information such as Brand, Model, Variants, Year Make, Colour, Transmission, Mileage

b) Photo(s) of the Vehicle

c) Vehicle Location

d) Vehicle Status: -

i. Any outstanding financing with the financier

ii. Any Interchange number

iii. Registration Card (RC) or Vehicle Ownership Certificate (VOC) has been verified by muv.

iv. muv Verified Badge - where the Vehicle has been visually inspected and verified by muv. For more details, please refer to clause 3.4.

v. Inspection Badge - where the Vehicle has undergone a full 180-point inspection at muv hubs. For more details, please refer to clause 3.4.

e) Bidding History: -

i. Date and Time of Bid Placed

ii. Number of Bids Placed

iii. Last Bidder ID

iv. Highest Bid

f) Buy It Now Price

g) Description

h) Inspection report. Only available if Seller has sent the car to muv for inspection.

3.4 Inspection report of the Vehicle:-

(a) The inspection report is solely a visual evaluation of the physical condition of the Vehicle by muv. There may be potential failures that are internal to the engine, transmission, electrical system or other components of the Vehicle which are not covered under the inspection by muv.

(b) There are no implied or expressed warranties or guarantees of any kind given by muv in connection with the Vehicle under the inspection report. The inspection report is to provide you with an overview of the general physical condition of the Vehicle only and shall not be taken as definitive statements or considered as a recommendation for or against the purchase of the Vehicle.

(c) Changes in the condition of the Vehicle may occur between the time when it was first inspected by muv, to the time when it is delivered by the Seller to muv to be purchased by the successful bidder. These changes may detrimentally impact the value and/or desirability of the Vehicle. The longer the elapsed time between a Vehicle's inspection and purchase, the greater the likelihood of such changes occurring.

(d) You hereby agree that muv shall not be held liable for any missed damages or failures or omissions from the inspection report as to the condition of the Vehicle.

3.5 You may submit your bid for a Vehicle by clicking the “Bid” icon and keying in your desired buying price for the Vehicle. You may bid as many times you may require to win the bid. Each bid is set at a minimum incremental of RM100. You can also increase the bid amount beyond RM100 during the Bidding Time.

3.6 At the conclusion of the Bidding Time:

(a) if there is no bid for the Vehicle, the Vehicle will be withdrawn; or

(b) if there are bids for the Vehicle, the bidder with the highest bidding price for the Vehicle (as recorded in the bidder list and muv’s database) will, subject to clause 3.7 below, become the successful buyer of the Vehicle (“Buyer”). The user ID of the Buyer will be displayed and the bidding price submitted by the Buyer shall be the final bid price of the Vehicle (“Purchase Price”).

If any dispute arises as to the highest bid, muv shall have the absolute right to determine the dispute. muv shall have the absolute right to refuse any bid which does not comply with the Terms.

3.7 Seller can choose to relist the same Vehicle after the expiration of Bidding Time but must reduce the Asking Price by at least 5%.

3.8 Seller can at any instance during the Bidding Time: -

a) Withdraw the Vehicle. A written application must be submitted to muv at hello@muv-x.com immediately detailing the reason(s) of the withdrawal. muv shall have the absolute right to determine the allowance of the withdrawal.

b) Accept any of the bids made thus far and ending the Bidding Time. This will then proceed to the formation of contract for the sale and purchase of the Vehicle

4. After the muvbid Bidding

4.1 After the conclusion of each muvbid bidding, subject to the following conditions being fulfilled:

(a) The Seller has to click accept, then surrender their Vehicle to the preselected location indicated during the listing process on the next day and sign the Seller Agreement form; and

(b) The Buyer will then on the next day (day after Vehicle Surrender Date), arrange to view the Vehicle and confirm the purchase by signing the Buyer’s Order or “Memorandum of Contract” (MOC).

the transaction shall become a “Confirmed Transaction”, provided that the Buyer has made payment of the full purchase price to muv, and the provisions under Clause 5 below shall be applicable.

4.2 Buyer’s Bid Ticket will be forfeited if they refuse to purchase the Vehicle without first viewing the Vehicle.

4.3 In the event where the vehicle is placed simultaneously on muvbid and muv Live Auction, muv Live Auction transaction will take precedence and will immediately end the Bidding Time in muvbid upon a successful auction winner announcement.

5. Confirmed Transactions

5.1 In every Confirmed Transaction, the Buyer shall be required to execute a “Memorandum of Contract” (MOC) with muv within one (1) day from the Vehicle Surrender Date (or such other extended date as may be agreed by the Buyer).

5.2 For each Confirmed Transaction, the Bid Ticket will then be automatically used as payment towards the processing fees such as Ownership Transfer, Puspakom Inspection and Hire Purchase Endorsement Fee.

5.3 The Purchase Price shall be settled by the Buyer within three (3) working days from the date of execution of the “Memorandum of Contract” (“Payment Timeline”).

5.4 The Buyer may make payment to muv (which is duly authorized by the Seller to collect the Purchase Price from the Buyer) via any of the following methods:-

(a) either by way of cash, cheque, bank draft (made payable to “muv MARKETPLACE SDN.BHD”), or credit card to muv; or

(b) by way of wire transfer or JomPAY, in which case you shall bear the relevant transaction charges and you shall also be responsible to inform muv upon successful payment, together with the supporting documents.

5.5 In the event Buyer has applied for a loan to purchase the Vehicle.

a) If the loan application is rejected, RM250 will be deducted from your Bid Ticket. To avoid such, you may apply for pre-qualified loan from muvHP before you start bidding. The remaining RM350 will be refunded by cheque.

b) If the application was approved and you choose to cancel it, the Bid Ticket will be forfeited for processing of your application

5.6 Where the Buyer has been registered as a “Dealer” under the Buyer App, Clause 5.2, 5.3 and 5.4 shall not be applicable. For each Confirmed Transaction, a “Dealer” Buyer shall be required to pay:-

(a) The Buyer’s Premium amounting to RM600.00; and

(b) The Purchase Price

within three (3) working days from the date of execution of the “Memorandum of Contract” (“Payment Timeline”).

5.7 Once Buyer has made Purchase Price to MUV, the seller has to resolve any and all outstanding settlement payment to the financier on the next day after being notified by MUV.

5.8 Failure by the Buyer to settle the Purchase Price within the Payment Timeline shall render the transaction a “Buyer Forfeited Transaction”, whereby:-

(a) In respect of a “Consumer” Buyer: The Bid Ticket with the sum of RM600.00 will be forfeited,

(b) In respect of a “Dealer” Buyer: the Buyer will be required to pay the Forfeiture Sum of RM600.00 for each forfeited transaction within five (5) working days upon demand from muv, failing which the Forfeiture Sum will be deducted from the “membership deposit” of RM1, 000.00 in the Buyer’s account. The Buyer will then be required to top-up and ensure that there is a minimum sum of RM1, 000.00 in his/her account in order to re-activate the “membership deposit” feature.

5.9 Collection of the Vehicle by the Buyer:-

(a) The Buyer shall not be entitled to take possession of the Vehicle unless and until the Purchase Price of the Vehicle has been settled by the Buyer.

(b) The Buyer shall arrange for the collection of the Vehicle from muv’s yard at its sole costs and risk. muv shall be entitled to charge the Buyer a storage fee amounting to RM10.00 per Vehicle per day if the Vehicle is not collected by the Buyer from the muv’s storage yard within three (3) working days after muv notifies of the cars’ collection availability.

(c) The Buyer shall produce a copy of the signed “Memorandum of Contract” at the time of collection of the Vehicle for verification purposes.

 

(d) If a Buyer wishes to authorize a representative to collect the Vehicle on its behalf, an authorization letter from the Buyer will be required.

(e) The Buyer shall indemnify muv and the Seller from all claims, damages, losses and proceedings for all summonses, fines and penalties incurred on the Vehicle from the time of the Buyer’s collection of the Vehicle from muv’s yard until the successful transfer of ownership of the Vehicle in the Buyer’s name.

6. Taxation

6.1 The Buyer hereby agrees to pay any and all taxes arising from the purchase of the Vehicle via the use of the muvbid platform in the manner as may be prescribed by the applicable laws of Malaysia now in effect or that may become effective in the future, and such taxes shall include but not limited to the sales and service taxes, other similar governmental impositions and interest and/or penalties related thereto as a result of the sole default of the Buyer.

7. Transfer of Ownership

7.1 muv will procure the Seller to execute and forward the following documents to muv on behalf of Buyer on Vehicle Surrender Date for the purpose of transfer of ownership of the Vehicle:

(i) Puspakom B5 report, where muv will assist with arranging and coordinating this inspection on behalf of the Seller. The cost of this inspection, RM140, will then be deducted from the Final Purchase Price. Seller can also choose to arrange to perform this inspection at their own cost and furnish muv with a copy of the report immediately.

(ii) Form JPJ K3;

(iii) Original Vehicle Registration Card (JPJ K2);

(iv) Where the Seller is an individual or a sole proprietor company, a copy of the identification document of the registered owner of the Vehicle, or where the Seller is a private limited or limited company, a copy of the identification document of any one of the directors of the Seller;

(v) A copy of Form 49 (Return Giving Particulars In Register Of Directors, Managers And Secretaries And Changes Of Particulars) of the Seller (only applicable where the Seller is a company)

(vi) A copy of Form 9 (Company Endorsement Certificate) or Form 13 (Name Transfer Certificate) (only applicable where the Seller is a company and the Vehicle is a trade vehicle);

(vii) A copy of Minute of Board Director’s Meeting or Resolution for the sale of the Vehicle (only applicable where the Seller is a company and the Vehicle is a trade vehicle);

(viii) A copy of “E-Batal Hakmilik” slip, or a letter/ stub of ownership claim cancellation by the registered owner (only applicable where the Seller is an individual);

(ix) Where the transfer of ownership will be carried out by an authorized representative of the Seller, a copy of authorization letter from the Seller to the said representative, together with a copy of the identification document of the director having signed on the authorization letter (only applicable where the Seller is a company).

(collectively, the “Transfer Documents”).

7.2 In the event the registration card (JPJ K2) of the Vehicle is not available for any reason whatsoever, the Buyer shall be responsible, at his own costs, to apply for the same from the Road Transport Department.

7.3 All costs relating to the transfer of ownership of the Vehicle shall be borne by the Buyer.

7.4 muv shall not be held responsible for the outcome of the PUSPAKOM inspection and any costs, damages, expenses, or losses incurred by the Buyer in the event that the ownership of the Vehicle cannot be transferred to the Buyer.

7.5 The Buyer shall not undertake any repairs or improvements to the Vehicle before the successful ownership transfer of the Vehicle, failing which, muv and/or the Seller shall not be liable for the costs incurred by the Buyer in respect of such repairs or improvements in the event the ownership transfer is unsuccessful.

8. No Refund

8.1 There shall be STRICTLY NO REFUND in respect of all Vehicles sold under the muvbid platform.