SITE

1. MUV Marketplace Sdn Bhd (Company No. 253263-U) (“MUV”) aims to provide Users (as defined below) with access to its network of websites and related services for the purpose of the sale and purchase of used vehicles through https://www.muv.com.my, (“Site”) subject to the following terms and conditions (“Terms”) which govern the use of the Site.

For the purposes of these Terms, the term “User” shall mean the person(s) accessing this Site. The Users shall be individuals who are 18 years of age or above and are capable of entering into a legally binding agreement under the laws of Malaysia.

2. The User’s access and use of this Site shall be subject to:

(a)  These “Terms of Use”; and
(b)  The “Personal Data Protection Notice”. (collectively, the “Terms”)

USER’S ACCEPTANCE

3.  The User is advised to read and carefully understand the Terms. By accessing and/or using this Site, the User acknowledges and agrees to be bound by these Terms without limitation or qualification. If the User does not agree with these Terms, please immediately cease access to and/or discontinue the use of this Site or any page thereof.

4.  MUV reserves the right to amend, revise or modify these Terms at any time and from time to time at MUV’s absolute discretion without prior notice to the User. Such amended, revised or modified Terms (“Amended Terms”) shall be effective upon publication on this Site.

5.  The User is advised to review these Terms regularly to ensure awareness of all the current terms governing the use of this Site. If the User continues to use the Site and/or services provided by MUV on the Site after the date such Amended Terms come into effect, the User shall be deemed to have agreed to and accepted such Amended Terms.

GENERAL USER OBLIGATIONS

6.  The User is wholly and personally responsible for the use of the Site and uses the Site at his/her own risk.

7.  By entering this Site, the User acknowledges and agrees that this Site is intended for use within Malaysia only. MUV does not warrant and guarantee that the Site, or the information contained herein, complies with the local laws or regulations of, or is appropriate for use in any other jurisdiction or location from which the User accesses it. If the User accesses this Site from a jurisdiction or location other than Malaysia, the User shall be responsible for compliance with any and all applicable local laws and MUV shall not be liable in any way whatsoever for any breach of local law or regulation that the User may commit as a result of doing so.

8.  In accessing and/or using the Site, the User undertakes and agrees to comply with the following:

(a)  To use the Site in accordance with all applicable laws being in force in Malaysia;
(b)  Not to gain or attempt to gain any unauthorised access into MUV’s computer systems and/or servers;
(c)  Not to engage in any activities which may disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site;
(d)  Not in any way copy or reproduce the contents of the Site without MUV’s prior written consent;
(e)  Cease to contact the Seller (as defined in paragraph 9 below) who has requested not to be contacted;
(f)  Not to disclose the personal data of the Seller without that Seller’s consent;
(g)  Not to collect the personal data of the Seller other than for the purposes of facilitating transactions contemplated under the Site;
(h)  Not to use the Site in any way which may create any liability for MUV and/or other Users.

USE OF THE SITE

9. Through the use of the Site, the Users will be able to:-

(a)  access and view the details of various used vehicles which are advertised for sale on the Site (“Vehicles”) by their respective owner (“Seller”);
(b)  make an appointment with the Seller for the inspection and test drive of the Vehicles;
(c)  obtain loan estimates for the purpose of considering the purchase of a Vehicle;
(d)  obtain market valuation for a vehicle that the User intends to sell; and
(e)  make an appointment with an MUV’s representative for inspection of the vehicle and obtaining a quote for the vehicle that is intended to be sold by the User.

10. In the event that the User wishes to make an appointment with the Seller to inspect and/ or test drive the Vehicle, the User will be required to click the “Book a test drive” button or click the Whatsapp icon (for one-click appointments) and provide his/her personal data via the relevant web form or via Whatsapp/call.

Such provision of personal data by the User shall be governed by MUV’s “PDP Notice”, which may be accessed at https://www.muv.com.my/privacy-policy. Please refer to the “PDP Notice” for further information.

11. For the avoidance of doubt:-

(a)  MUV is merely a platform provider, and is not involved in the actual sale and purchase transaction of the of the Vehicles between the Users and the Sellers;
(b)  MUV is not the owner of the Vehicles listed for sale on the Site;
(c)  MUV does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of the data and/or information of the Vehicles as advertised by the Sellers on the Site;
(d)  MUV does not and cannot provide any warranty in relation to the Vehicles advertised for sale on the Site; and
(e)  MUV is neither an agent of the Users nor the Sellers of the Vehicles.

12.  The sale and purchase of the Vehicle shall be subject to the terms and conditions to be separately agreed between the Users and the Sellers.

ACCOUNT

13.  Creation of a user account under the Site is optional. However the User may opt to create a user account under the Site in order to access certain value added functions available on the Site such as side to side comparison of the prices and specifications of used vehicles, view saved searches and receive electronic newsletters .

14.  As part of the account registration process, the User will be required to provide certain personal data such as name and contact particulars to MUV and the User agrees to provide true, accurate and current information about itself and to promptly update such information in the event of any changes. Such provision of personal data by the User shall be governed by MUV’s “PDP Notice”, which may be accessed at https://www.muv.com.my/privacy-policy. Please refer to the “PDP Notice” for further information.

15.  The User is solely responsible for keeping their user account identifications and password safe and secure. Unless proven otherwise, actions taken under any user account identification shall be deemed to have been taken by the User. The User shall immediately notify MUV in the event that the user account identification or password is compromised or suspected to be compromised.

16.  The User is solely responsible for the completeness and accuracy of information provided on the Site.

COPYRIGHTS & TRADEMARKS

17.  The content, text, images, graphics, sound files, animation files, video files, and their arrangement on this Site are all subject to copyright and other intellectual property protection. The copyright in the materials contained in this Site either belongs to MUV or used with permission from content suppliers or its licensor(s) (as the case may be). These materials may not be copied for commercial use or distribution, nor be modified, transmitted, displayed, reproduced, published, or reposted to other sites or otherwise used for any public or commercial use without the prior express written permission of MUV or the respective copyright or trademark owner (as the case may be). The User may print, copy, download or temporarily store extracts from this Site for his/her personal use only.

LINKS TO THIRD PARTY WEBSITES

18.  This Site may contain links and/or references to other sites that are independently owned, maintained or operated by third parties that are not under the control and/or supervision of MUV (“Linked Sites”). The links are provided for the User’s convenience only and shall not be shall be interpreted as a recommendation and/or endorsement by MUV of the contents of the Linked Sites and/or any products and/or services appearing on and/or provided through such Linked Sites. The use of a Linked Site shall be subject to the terms of use and privacy policies stipulated by the operator of each Linked Site

The User is encouraged to review the privacy statements of all Linked Sites visited, including those whose links are provided so that the User can understand how these Linked Sites collect, use and share the User’s information. MUV shall not be responsible for the privacy statements or procedures, content or data handling practices on these Linked Sites.

19.  MUV hereby expressly disclaims any responsibilities and makes no warranties (express or implied) in respect of the contents, materials, products or services posted or offered at any of the Linked Sites. The User’s access and continued use of any such Linked Sites and their content, materials, products or services is solely at the User’s own risk. MUV shall not be responsible or liable, whether directly or indirectly or howsoever arising for any loss, expense or damage caused by or in connection with the User’s use or reliance on such content, materials, products or services of the Linked Sites.

DISCLAIMER & LIMITATION OF LIABILITY

20.  All contents or materials, information and functions contained in this Site are provided on an “AS IS”, “AS AVAILABLE” and “AS AT” basis. To the fullest extent permitted by law, MUV disclaims all warranties, endorsements or representations, whether express or implied, including but not limited to the following:-

(a) The correctness, accuracy, adequacy, reliability, completeness and usefulness of any contents or materials, information or functions contained on this Site;
(b) The non-infringement of third party rights of any contents or materials, information or functions contained on this Site;
(c) The merchantability, fitness for use, safety and fitness for the purpose intended of the Vehicles advertised for sale on the Site;
(d) That the access to this Site will be uninterrupted or that there will be no downtime, delays, failures, errors or omissions or loss of information as this Site is transmitted to the User;
(e) That no viruses or other contaminating or destructive materials or elements will be transmitted or that the User’s computer system will not be damaged from accessing and/or using this Site.

21.  To the fullest extent permitted by law, MUV, its parent company, subsidiaries, affiliates, directors and/or officers and/or employees and/or agents shall not in any manner be held responsible or liable under any circumstances whatsoever for any losses, damage or expenses incurred by the User arising out of or in connection with:-

(a) The User’s access or use of, or inability to access or use this Site;
(b) The User’s reliance on or inability to use the contents or materials, information or functions on this Site; and/or
(c) The quality, safety, suitability or legality of the Vehicles advertised on the Site, the truth and accuracy of information of the Vehicles as advertised on the Site by the Sellers, the ability of the Sellers to sell such Vehicles or that a User or Seller will actually complete a transaction.

22.  To the fullest extent allowed under applicable laws, MUV, its parent company, subsidiaries, affiliates, directors and/or officers and/or employees and/or agents shall not in any manner be held responsible or liable under any circumstances whatsoever for any direct, indirect, special, punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to these Terms including but not limited to loss of profits, economic losses, loss of opportunity or revenue, anticipated savings even if MUV has been advised of the possibility of such damages.

INDEMNITY

23.  The User hereby agrees and undertakes to fully indemnify, hold harmless and defend MUV its parent company, subsidiaries, affiliates, directors and/or officers and/or employees and/or agents from any actions, claims, demands, costs, proceedings, damages, liabilities and expenses which may be suffered or incurred by MUBV arising directly or indirectly out of or in connection with breach by the User of any of the Terms, the User’s failure to complete a transaction or any content or item submitted, posted, transmitted, or made available by the User through the Site, the laws or rights of any third party.

TERMINATION

24.  MUV may at its sole and absolute discretion immediately suspend or terminate the User’s access to the Site without prior notice.

GOVERNING LAW & JURISDICTION

25.  These Terms are governed exclusively by and are to be interpreted in accordance with the laws of Malaysia. Any and all actions, disputes or controversies arising out of or in relation to these Terms and/or the use of this Site shall be submitted to the exclusive jurisdiction of the court of Malaysia.

GENERAL PROVISIONS

26.  If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced.

27.  No agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms.

28.  The Terms herein and Personal Data Protection Notice are the entire agreement between MUV and the User regarding the Site, its contents and services and replaces and supersedes any prior agreements between MUV and the User regarding the subject matter.

CONTACT INFORMATION

If the user has any questions, please contact MUV by filling up and submitting the Contact Us form at https://www.muv.com.my/contact/.

PERSONAL DATA PROTECTION NOTICE

The Personal Data Protection Act 2010 (hereinafter referred to as the “PDPA”), which regulates the processing of personal data in commercial transactions, applies to MUV Marketplace Sdn Bhd (Company No. 253263-U) (hereinafter referred to as “MUV”, “our”, “us” or “we”) and forms part of the Terms of Use. This Personal Data Protection Notice (“PDP Notice”) is given pursuant to the requirements of the PDPA. For the purpose of this PDP Notice, the terms “personal data” and “processing” shall have the meanings as prescribed in the PDPA.

1.  This PDP Notice serves to inform you how your personal data will be processed, used and managed by MUV. If you disclose personal data to a third party other than MUV, this PDP Notice will not apply and you will be subject to personal data notice of that third party (if any).

2.  In the event of conflict between the English and other language versions of this PDP Notice, the English version shall prevail.

3.  The personal data about you are information which you have provided to MUV such as your name, national registration identity card no. (NRIC no.), contact particulars (including your address, email address, and your phone number), bank account details, photographs and such other information which may identify you that has been or may be collected, stored, used and processed by MUV from time to time.

4.  Your personal data is and/or will be collected from the following sources, which shall include but not limited to: –

(a)  your use of and/or registration with our website at https://www.muv.com.my (“Site”);
(b)  any emails or correspondences sent by you to us which includes your personal data;
(c)  any other documents that are submitted by you to us for any of the Purposes set out in Paragraph 5 below.

5.  We process your personal data, including any additional information that you may subsequently provide, for the following purposes, which may include but not limited to (“Purposes”):-

(a)  providing or facilitating the provision of goods or services available through the Site to you, which may include but not limited to the purchase and/or sale of used vehicle by you;
(b)  communicating with you and responding to your enquiries relating to the use of the Site;
(c)  channelling your enquiries regarding the vehicles which have been advertised for sale on the Site (“Vehicles”) to the relevant seller (“Seller”), so that you may be contacted by them to have your queries answered;
(d)  providing you information relating to our products and services and/or products and services of our related corporations and/or members of Tan Chong Motor Holdings Berhad, Warisan TC Holdings Berhad, APM Automotive Holdings Berhad and their respective subsidiaries (collectively, the “Group of Companies”), including promotional and direct marketing material;
(e)  conducting our internal activities, internal market surveys and trend analysis; and/or
(f)  such other purposes as may be related to the foregoing.

6.  If you choose not to provide us with your personal data, or do not consent to our processing of your personal data, we may not be able to provide you with the full range of our services as available on the Site.

7.  If you do not wish to have any information on you used in any of the aforesaid manner, please notify MUV using the contact details stated in Paragraph 8 below. If you do not want to receive email or other mail from MUV, you can click on and unsubscribe the link in the emails to remove your address from MUV’s emailing list.

8.  You may request for access to and/or correction of your personal data and to contact us with any enquiries or complaints in respect of the use of your personal data as follows:

Phone number: +603 8947 6888
Fax number: +603 8947 6880
E-mail address: enquiries@muvmarketplace.com

In respect of your right to access and/or correct your personal data and in accordance with the PDPA, we have the right to:

(a)  charge a prescribed fee for processing your request for access to and/or correction of your personal data; and
(b)  refuse your request for access to and/or correction of your personal data for the reasons permitted under the PDPA and/or applicable laws.

9.  Your hereby understand and agree that MUV may disclose your personal data to the following third parties, whether located within or outside of Malaysia, for any of the above Purposes, which shall include but not limited to:

(a)  the Seller from whom you intend to or have purchased the Vehicles;
(b)  governmental departments and/or agencies, regulatory and/or statutory bodies;
(c)  our Group of Companies;

(d)  our third party providers, including but not limited to information technology service providers, data entry service providers, insurance providers, professional advisors and auditors; and
(e)  any such third party as may be requested or authorised by you.

Except as provided hereinabove and as required by law, we will not make available your personal data to third parties without your consent.

10.  You further understand and agree that it is your sole responsibility to ensure that the personal data that you have provided to us is accurate, complete and not misleading and that such personal data is kept up to date.

11.  Cookies policy:-

(a)  Cookies are small text files or text identifiers that are downloaded to your computer or device when you visit our Site. Your browser sends these cookies back to the Site every time you re-visit the Site, so it can recognize you and can then tailor what you see on the screen. The cookies themselves cannot collect your personal data, or any information or files stored on your computer or device.

(b)  Cookies can help us in many ways, for example, by allowing us to tailor a website to better match your interests or to store your password to save you having to re-enter it each time. We use cookies to learn more about the way you interact with our Site and help us to improve your experience when visiting our Site.

(c)  As a rule, cookies are only used on our Site for the length of your session for the purpose of anonymous, statistical assessments and improving the user-friendliness of this Site. We will not use cookies to collect personally identifiable information about you.

(d)  You can disable the use of cookies at any time by changing the settings in your browser. Your browser allows you to choose whether to accept, reject or block the cookies, or to be warned before accepting any cookies. Please refer to the Help function within your browser for further details. If you reject the use of cookies, you will still be able to visit our Site, however this may prevent you from taking full advantage of our Site.

12.  Safeguarding information to our Site is important to us. We use systems, policies and procedures to maintain accuracy of information and to protect information from loss, misuse or alteration. Notwithstanding the foregoing, the Site cannot guarantee that such precautions would render the Site and its servers immune to security breaches.

GENERAL PROVISIONS

13.  Our Site is not directed at or intended for children under 18 years of age. We do not knowingly solicit personal data or information from children under 18 years of age or send them requests for personal data.

14.  This PDP Notice shall be governed exclusively by and are to be interpreted in accordance with the laws of Malaysia.

15.  MUV reserves the right to amend, revise or modify this PDP Notice at any time and from time to time at MUV’s absolute discretion without prior notice to you. Such amended, revised or modified PDP Notice shall be effective upon publication on this Site.