TERMS & CONDITIONS
The following describe the terms and conditions applicable to your use and access to our services.
The services available on www.motortrader.com.my including its sub-domains www.mtsa.com.my are provided by PROTO Malaysia Sdn Bhd.
Accessing this website constitutes your acceptance of all of the terms and conditions that apply to its use and services provided by it. Please take the time to read through these before continuing to use the Website. It is your obligation to seek professional assistance should you not understand the contents herein. Please NOTE that you should be 18 years of age at the point of accepting and reading these terms and conditions.
We reserve the right to update, amend, add these terms and conditions at any time by posting the updated, amended and additional terms and conditions on this website. It is your obligation to check if changes have been made. Your use of the Website after changes are posted shall constitute acceptance of the new terms and conditions.
1. Definitions and Interpretation
The following terms shall have the following meanings where used in these terms and conditions:-
- 1.1 "PROTO/we/our/us" means PROTO Malaysia Sdn Bhd and its subsidiaries and associated companies.
- 1.2 "You/Your/User/Users" means user of the website and or website services.
- 1.3 "User of website" includes individual, corporate, advertiser, car dealers, new and existing customer of PROTO.
- 1.4 "Services" include chargeable and free of charge services.
- 1.5 “Motor Trader Websites” include www.motortrader.com.my and www.mtsa.com.my
2. Access to Website
You agree to notify PROTO, immediately should there be any unauthorized use of your account or other breach of security.
You may not use anyone else's account at any time, without the permission of the account holder.
Our services are not available to users who are temporarily or permanently prohibited from using our website. This applies to registered users who have breached the terms and conditions of using this website.
We reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be held liable if for any reason our site is unavailable at any time or for any period.
3. Online advertising
- 3.1 Place one item per advert - one advert per item. Do not list multiple items in a single advert, or place the same advert multiple times in different categories.
- 3.2 We reserve the right to revise or reject for any reason at our sole discretion any advertising copy submitted without awarding any explanation thereto.
- 3.3 All advertising materials, including photographs, submitted by the User become our property and may not be reproduced from the Motor Trader for use in other publications, websites, or any other medium without the written consent from us.
- 3.4 Our liability for damages resulting from any errors in any advertising that it publishes or from its failure to publish any advertisement that it has agreed to publish shall be limited to the amount paid by you in consideration for its agreement to publish the advertisement in question.
- 3.5 The User accepts all liability for the content of all advertising him or her or on behalf of the company you are representing places for publication in the website. User hereby warrants and guarantee that the contents of the advertised copy is true, that it is not libellous or defamatory, that it violates no rights of privacy, that it infringes no trademark, and that it complies with all applicable national and international laws and regulations. The User agrees to defend, indemnify and hold harmless PROTO Malaysia Sdn Bhd and all its subsidiaries from any and all claims, demands, liabilities, suits, costs, or expenses, arising by reason of the publication of the User's advertisement or breach of the foregoing warranty, whether such claims are well-grounded or not.
- 3.6 We may at any time remove any or all materials from the website which in our opinion are illegal or have been placed on the website server in breach of these terms and conditions or without awarding any reason for such action.
- 3.7 We reserve the right to make modifications to our/the service design, layouts and logic which in its sole discretion benefit the overall functionality and efficiency of the website services.
- 3.8 The User shall notify us of any faults in the system as soon as the faults come to the User's attention
- 3.9 We do not monitor or control and shall not be responsible for the content of any messages delivered to the User through the website service. The User is directly responsible for the publication of telephone, email and other personal contact details. We provide options for the hiding and withholding of this information from public display. The User agrees that the publication of this information is entirely at the User's discretion.
3a. Cancellation / Refund Policy
The Publisher reserves the right at its absolute discretion to reject, terminate, suspend, cancel, change or re-classify any advertisement without any prior notice. Under such circumstances, the advertiser shall be informed and the amount paid for the advert shall be refunded accordingly. The advertiser shall have no other claims against the Publisher whatsoever.
In the event that the advertisement fees is paid by credit cards which are suspected to be fake or stolen, the publisher shall without any hesitation, deny such transaction unless the advertiser use alternate payment mode other than using the suspect fake or stolen card.
4. Chargeable Services for corporate and car dealers
Users of the website may subscribe to PROTO for use of chargeable services which include but not limited to dealer self-service listing of cars or products in PROTO websites; placement of Logo or hyperlink to their home page or any other new web services which PROTO may introduce from time to time.
- 4.1 User of chargeable services needs to sign a service contract with PROTO.
- 4.2 User agrees that information supplied with the service contract is truthful, accurate, current and complete.
- 4.3 PROTO reserves the right at its absolute discretion to revise the fees for chargeable services from time to time without prior notice.
- 4.4 Upon approval of opening of an account, PROTO shall email to the customer a User ID and password to access to the chargeable service.
- 4.5 The service is provided solely for the benefit of the account holder. You are strictly prohibited from listing any cars for any other individual or parties other than your own.
- 4.6 User is solely responsible for maintaining the security of any User ID and password given to them for access to the chargeable service.
- 4.7 User shall pay fees for access to the chargeable service in accordance to terms and conditions stated in the service contract.
- 4.8 We reserve the right to revise or reject for any reason at our sole discretion any advertising material submitted without awarding any explanation thereto.
- 4.9 All advertising materials, including photographs, listed on our website by the users become our property and may not be reproduced from the Motor Trader websites for use in other publications, websites, or any other medium without the written consent from us.
- 4.10Our liability for damages resulting from any errors in any advertising that it publishes or from its failure to publish any advertisement that it has agreed to publish shall be limited to the amount paid by you in consideration for its agreement to publish the advertisement in question.
- 4.11The User accepts all liability for the content of all advertising him or her or on behalf of the company you are representing places for publication in the website. User hereby warrants and guarantee that the contents of the advertised material is true, that it is not libellous or defamatory, that it violates no rights of privacy, that it infringes no trademark, and that it complies with all applicable national and international laws and regulations. The User agrees to defend, indemnify and hold harmless PROTO Malaysia Sdn Bhd and all its subsidiaries from any and all claims, demands, liabilities, suits, costs, or expenses, arising by reason of the publication of the User's material or breach of the foregoing warranty, whether such claims are well-grounded or not.
- 4.12We may at any time remove any or all materials from the website which in our opinion are illegal or have been placed on the website server in breach of these terms and conditions or without awarding any reason for such action.
- 4.13We reserve the right to make modifications to our/the service design, layouts and logic which in its sole discretion benefit the overall functionality and efficiency of the website services.
- 4.14PROTO reserves the right at its absolute discretion to suspend temporary or terminate the service for User who breaches any of the terms and conditions.
- 4.15The User shall notify us of any faults in the system as soon as the faults come to the User's attention
- 4.16We do not monitor or control and shall not be responsible for the content of any messages delivered to the User through the website service. The User is directly responsible for the publication of telephone, email and other personal contact details. The User agrees that the publication of this information is entirely at the User's discretion.
4a. Motor Trader Sales Assistant (MTSA)
Motor Trader Sales Assistant (MTSA) is licensed by PROTO Malaysia Sdn Bhd. Use of MTSA service is subject to the following terms and conditions:-
- 4a.1 Prior to the subscription of MTSA service, User must subscribe to QE Lite service.
- 4a.2 User agrees to accept all responsibility pertaining to activities associated with the usage of User’s account or password.
- 4a.3 MTSA service is using Credit Point System method for payment and usage of the service. Each Credit Point represents certain value of money which Users must purchase in order to use MTSA service.
- 4a.4 The Credit Points purchased by Users are strictly non-refundable and non-transferable.
- 4a.5 When User log on to MTSA service, the system will explains the number of Credit Points required for each product listed in MTSA Service Package and the expiry period for such Credit Points.
- 4a.6 Credit Points will be deducted automatically and accordingly based on the number of cars listed in the MTSA Service package.
- 4a.7 Users have the option to top up their Credit Points at any time during the validity period of the service by paying the required amount of money for the number of Credit Points that they wish to top up.
- 4a.8 PROTO reserves its right to introduce short-term promotion package from time to time at its sole discretion, such promotional package may or may not involve the Credit Point System method of payment.
- 4a.9 MTSA Administrator reserves the right to adjust Credit Point balance in the event of any system fault.
- 4a.10New Trade Advertiser is prepaid until satisfactory trade references are obtained. Credit terms for trade advertiser are strictly 30 days. Late payment interest of 10% per annum will be charged on overdue amount.
- 4a.11Confirmation of receipt of payment is upon clearance of cheque or fund transfer. In the event of any return cheque, User will be charged for the cost incurred for such return cheque.
- 4a.12In the event Users wish to discontinue the service during the validity period of the service, no refund shall be entertained and any amount remain unpaid shall become payable immediately. Should there be any default in payment, PROTO reserve its right to remove all advertisements posted and to suspend User Account immediately at its sole discretion. Appropriate action will be taken to recover all sums due.
- 4a.13MTSA service is provided solely for the benefit of the account holder. Users are strictly prohibited from listing any cars for any other individual or parties other than those belong to the Users.
- 4a.14User accepts all liabilities for the content of all advertising him or her or on behalf of the company you are representing places for publication in the MTSA website.
- 4a.15User hereby warrants and guarantee that the contents of the advertised material is true, that it is not libelous or defamatory, that it violates no rights of privacy, that it infringes no trademark, and that it complies with all applicable national and international laws and regulations.
- 4a.16PROTO reserve its right to suspense User Account for any breach of the terms and conditions contained herein. First offence shall render their account being suspended temporary for a week, and second offence shall render their account being suspended temporary for two months and thereafter, the account shall be terminated if no remedial action is being taken.
In consideration of our agreeing to permit you to use the Website to search our database of items, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by advertisers of items to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the item in question.
The pages contained in the Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in the Website is only for information purposes. The material on the Website does not constitute advice or be deemed to be acceptance by us of the contents therein and you should not rely on any material on the Website to make any decision or action without first obtaining advice from a qualified professional person.
The Website contains material submitted and created by advertisers and other third parties. We accept no liability for any illegality, fraud, misrepresentations arising from error, omission or inaccuracy in such material. We give no warranties, conditions, guarantees or representations, express or implied, as to:-
- (a) the completeness or accuracy of the advice and information contained on the Website or any website to which it is linked;
- (b) the content of the advertisements for items included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such items;
- (c) the completeness of the results of any search of our database or that the items selected by the search are the only items on our database which might meet the searcher's requirements.
6. Copyright and Trademarks
All content displayed on this website including but not limited to the website's design, layout, text, graphics, image and sound or video materials are the exclusive property of the website provider. All rights, including but not limited to copyright, title and interest in the content of these web pages and in the photographs of any items displayed on the Website from time to time and all database rights in our database of items, are owned or controlled for these purposes by us and our subsidiary companies.
All trademarks, names, and logos are the proprietary marks of us or of our subsidiaries companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any license, assignment, and consent to use or right under any trademarks, names or logos.
Except as expressly permitted by these terms and conditions, you are strictly prohibited from copying, reproducing, redistributing, downloading, republishing, transmitting, displaying in any form or any means any contents of the website. You may not adapt, modify, create derivative works from or otherwise extract or re-utilise, or in any way exploit any of the contents in whole or in part without our express written permission from the relevant parties.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy and/or contents. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- (a) All conditions, warranties and other terms which might otherwise by implied by statute.
- (a) Any and all liability for an direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, for any loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We are required to carry out routine maintenance services of our servers and equipment from time to time. We do not guarantee that the Website will be continuously available on-line, while we endeavor to keep disruption to a minimum. We therefore provide the Website on an "as is" and "as and when available" basis.
We do not warranty that the Website (or websites which are linked to the Website) is free from computer viruses or any other malicious or impairing computer programs. It is your responsibility to ensure that you use appropriate virus checking software.
We shall not be held liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control, including but not limited to acts of God, strikes, and lockouts, material restrictions by any government authority, civil riot, floods and failure of services provided by third party.
8. Links to third party website
Our Website provides hypertext links to other websites that are not operated by us or by our subsidiary companies. We do not control such websites and shall not be held responsible for their content, information and/or data therein. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
In NO event shall we be held liable for any special, indirect or consequential damages and or damages whatsoever resulting from the use of this website, data documents, material or photograph, information contained herein whether in an action for contract, negligence or other tortuous actions, arising out of, direct or indirect from the use of this website, failure of the services provided and available herein.
10. Prohibited use
As a condition of your use of this service provided, you will not use for any purpose that is unlawful or prohibited by the terms and conditions herein stated. You may NOT use the services herein in the manner that could damage, disable, overburden or impair our server or the network(s) connected or interfere with any party's use and enjoyment of our services herein.
If any of these terms and conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
These terms and conditions shall be governed by and in accordance with Malaysia law and subject to the exclusive jurisdiction of the Malaysian Courts.
If you do not agree to obey these terms and conditions you must stop using the Website immediately.
Any correspondence relating to the Website should be sent to:
PROTO Malaysia Sdn Bhd (429449-W),
Suite 12.02, Level 12, Centrepoint South,
The Boulevard, Mid Valley City,
Lingkaran Syed Putra,
59200, Kuala Lumpur
Telephone: 603-2092 8888
Email us at: [email protected]