Terms of Usage
By accessing the Platform, registering an account (“Account”) and/or using the Services, you agree to be bound by these Terms which shall be applicable to all users of the Platform and any amendments to the foregoing issued by Raytech Tinting from time to time. If you do not agree to these Terms, please do not access and/or use the Platform and/or the Services.
If the User is under the age of 18 or the legal age for giving consent hereunder pursuant to the Applicable Laws in the User’s country, the User must obtain permission from his/her parent(s) or legal guardian(s) to open an account on the Platform. If the User is the parent or legal guardian of a minor who is creating an account, the User must accept and comply with these Terms on the minor’s behalf and the User will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If the User does not have consent from his/her parent(s) or legal guardian(s), the User must stop using/accessing this Platform and/or Services.
Under no circumstances shall Raytech Tinting be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Raytech Tinting or its authorized representative has been advised of the possibility of such damages. If your use of materials from this Platform results in the need for servicing, repair or correction of equipment or data, you shall assume any costs thereof.
We will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to: Change, amend, modify, add or remove these Terms at any time and the revised version will be effective immediately once it is displayed on the Platform with no other notices provided to the User. By continuing to use the Platform, the User shall be bound by any revisions to these Terms. Change, modify, suspend or discontinue all or any part of the Platform and Service at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire, in our sole discretion without notice or liability
The following terms shall have the following respective meanings:
– “Applicable Laws” means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject;
– “Business Day” means a day on which banks are open for business in Selangor (other than a Saturday or Sunday or gazetted public holidays);
– “Cookies” means small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information;
– “Dealers” means the sellers, dealers and/or vendors of the Vehicles and/or the party posting the advertisement and/or classified on the Platform and “Dealer” shall be construed accordingly;
– “Buyer”, “User”, “you” or “your”, means the person accessing or using the Platform or the Services or purchasing the Vehicle from any of the Dealers via the Platform and it shall be construed accordingly.
Account and Security
To use the Services, the User is required to create an account on the Platform in order to gain access to the use of any services and functionality at the Platform that Raytech Tinting may establish and maintain at all material times and in its sole discretion.
The User’s permission to use the Platform and/or the Services is conditional upon he User’s agreement that the User will provide accurate information when creating an account or registering with Raytech Tinting. Raytech Tinting has the absolute discretion to reject, approve, suspend or terminate the User’s creation of an account with Raytech Tinting and/or the User’s usage of the Platform and/or Services.
The User is solely responsible for the activity that occurs on the User’s account even if such activities or uses were not committed by the User, and the User must keep its account password secure. If a legal dispute or law enforcement action is commenced related to the User’s account for any reason, Raytech Tinting may suspend and/or terminate the User’s account immediately with or without notice. Raytech Tinting shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this section.
The User must notify Raytech Tinting immediately of any breach of security or unauthorized use of its account. Raytech Tinting shall not be liable for any losses caused by any unauthorized use of the User’s account.
Conditional Use of Our Platform and Services
Raytech Tinting grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-licensable right to access, view and use the Platform as well as the Services to in accordance with the Terms. Any breach of these Terms may result in the immediate revocation of the license granted herein without notice to the User.
The Vehicles, specifications, information and/or descriptions expressed on the Platform are those of the Dealers and are not made by the Platform. Raytech Tinting is not liable for any loss or damage the User may suffer as a result of the publishing of inaccurate, misleading or fake information by the Dealers or any omission of information.
The Dealer is solely responsible for the price and quality of its respective Vehicle, specifications, information and/or descriptions posted by the Dealer in relation to the Vehicle, and compliance with the Applicable Laws, including laws with respect to taxes and insurance.
Raytech Tinting is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Dealer on the Vehicle. In the event that the Dealer refuses to honour the Vehicle without cause or contrary to law or these Terms or for any reason whatsoever, the User may have a recourse against the Dealer and Raytech Tinting shall not be held liable for the Dealer’s default. Raytech Tinting also reserves the right at its sole discretion, to cancel, terminate or alter the information of any Vehicles to its accuracy at any time.
The User hereby acknowledges and agrees that the Platform is merely a platform which provides a place and opportunity for the sale and purchase of the Vehicle between a prospective Dealer and a prospective User. Raytech Tinting does not own, operate or control any of the Vehicle that is listed, offered and/or supplied by the Dealer.
In this connection, the User is responsible to conduct his/her own due diligence with respect to whether the Vehicle offered or provided by the Dealer is original, of merchantable quality, genuine and/or meets the specifications and conditions as prescribed by the Dealer.
In particular but without derogation to the other provisions of these Terms, Raytech Tinting is not responsible or liable for any of the following: – the quality, safety, morality or legality of any aspect of the Vehicle listed on the Platform;
– the truth or accuracy of the listing(s) on the Platform, the ability of the Dealer to sell the Vehicle or the ability of User to purchase for the Vehicle;
– any claim that a User may have in respect of the Vehicle and matters incidental thereto; and
– the accuracy and/or omission (whether material or otherwise) of any Listing posted, featured and/or published on the Platform
The User hereby agrees that the actual contract for sale of the Vehicle is directly between the Dealer and the User and Raytech Tinting is not a party to that or any other contract between the Dealer and the User and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sale and purchase contract between them, the listing of goods and warranty of purchase. Raytech Tinting is not a party in the transaction between the Dealer and the User.
Raytech Tinting cannot guarantee continuous or secure access to our Services, and operation of the Platform may be interfered with by numerous factors outside of Raytech Tinting’s control. Accordingly, to the extent legally permitted, Raytech Tinting makes no representations or warranties of any kind with respect to the systems operated by Raytech Tinting or any software and hardware provided, or any part thereof, express or implied, and shall not be liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages which may be suffered or incurred by the Dealer or the User or any third party in connection with the use of the Platform including (without prejudice to the generality of the foregoing) any loss of profit in consequence of a breakdown in providing the Services or part thereof.
You agree not to, and you will not permit others to:
– License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
– Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
– Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.
The User should carefully read the descriptions, details and review information such as specifications, price, option price, charges, and such other terms and conditions for the Vehicle before purchasing such Vehicle. Subject to the sale and purchase agreement entered between the Dealer and the User, the User agrees to make prompt payment to the Dealer. You agree that Raytech Tinting is not involved in transaction which is considered solely between the User and the Dealer, Raytech Tinting cannot ensure that the User or the Dealer would follow through and complete the transaction.
The Dealers are solely responsible for delivering the sold Vehicle to the Users subject to the sale and purchase agreement entered between the Dealer and the User. You acknowledge and agree that Raytech Tinting has no control over any delivery of the Vehicles sold through the Platform, including but not limited to the delivery fees, method specified by the Dealers, any delays, delivery failures, damages, or losses resulting from the delivery.
Return and Refund Policy
Should there be any dispute or conflict arising from or incidental to the return or refund of the Vehicle, the User shall communicate and negotiate with the Dealer directly to resolve such dispute or conflict. Raytech Tinting shall not be held liable on occurrence which may give rise to product liability or liability for breach of warranty (whether covered by insurance or not) on the part of us, with respect to the Vehicle designed, manufactured, assembled, repaired, maintained, delivered, distributed or installed or services rendered prior to or on the date of purchase. The liability shall stay solely with the Dealers or any party providing such warranties.
Premium Selection Vehicle
All vehicle under the premium selection will be supplied with a 5 days money back guarantee provided by the Dealer (“Guarantee”). The User reserves the right to request the Dealer to re-purchase the Vehicle from the User and return the purchase price paid by the User in full in the event that the Vehicle has been damaged by fire or water or is reported as a cut-and-joint car, within five (5) days from the date the User collects the Vehicle from the Dealer. Raytech Tinting shall be entitled to appoint an expert to determine the state and condition of the car and the decision of such expert shall be final and binding.
Raytech Tinting shall not be held liable to the Guarantee supplied by the Dealer and Raytech Tinting makes no condition, representation or warranty of any kind regarding the suitability of the Platform content, Vehicle and/or its specifications, information and descriptions. Raytech Tinting expressly disclaims any and all conditions, representations and warranties of merchantability or fitness for particular use, including all implied warranties in connection with the foregoing. Raytech Tinting also expressly disclaims any condition, warranty or representation as to the accuracy, results, timelines and/or completeness of all the postings by the Dealer, the report produced in relation to the Vehicle and all other content available on or through the Platform.
The User’s recourse for the Guarantee and for any matter related to the Vehicle shall lie with and against the Dealer.
Any feedback, comments, ideas, improvements, suggestions, reviews, ratings, photographs, videos, ideas (collectively, “Content”) provided by you to us with respect to the Service and/or the Vehicle shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
The User further agrees and warrants that the User shall not submit any Content:
– That is known by the User to be false, inaccurate or misleading.
– That infringes any third party’s copyright, patent, trademark, trade secret or any other intellectual or proprietary rights or rights of publicity or privacy.
– That breaches any Applicable Laws (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
– That discloses private information of any third party, including without limitation, addresses, phone numbers, email addresses, national insurance numbers and credit card numbers, or otherwise violates the rights of any third party, including without limitation, privacy rights.
– That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or harassing or discriminatory based on sex or gender to any of the Merchant and/or third party.
– That is offensive, profane, vulgar, obscene or inappropriate language.
– That impersonates, or misrepresents the User’s connection with, any entity or person.
– That contains any computer viruses, worms or other potentially damaging computer programs or files.
The User agrees that the User be solely responsible for the Content of its submission, and any comments the User makes. The User shall be solely liable for any damages resulting from any breach by the User from any harm resulting from the User’s submission of Content. Raytech Tinting does not represent or warrant that any Content submitted by the User is accurate, and or that it is free from mistakes, omissions, falsehoods, defamation, obscenity, pornography or profanity.
The User agrees to indemnify Raytech Tinting (and its officers, directors, employees, affiliates, agents, subsidiaries, joint ventures, dealers, and any third-party service provider) and keep Raytech Tinting indemnified from any and all losses, damages (actual and consequential), liabilities (whether criminal or civil), claims, disputes, demands, causes of actions, costs and expenses (including reasonable legal fees and expenses), fines, or penalties of every kind and nature, known and unknown, arising out of, in connection with, or related to: (i) the User’s Content; (ii) any breach of the User’s representations and warranties as set out above; and/or (iii) any breach of any Applicable Laws, or the User’s interference with the rights of a third party.
The User understands the Platform is public and that if the User posts any Content, Raytech Tinting may use, modify, edit, delete, translate or republish such Content and that the User agrees that any submission is non-confidential and non-proprietary and may be used in any manner or medium whatsoever by Raytech Tinting. For the avoidance of doubt, Raytech Tinting shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to the User’s submissions and the User’s interactions via the Platform:
– to monitor or review the User’s submission of Content;
– to remove or refuse to post any Content within the Platform that Raytech Tinting deems, in its sole discretion, which violates the submission guidelines as may be prescribed by Raytech Tinting; and
– to suspend or terminate the User’s access to the submission of Content on the Platform as Raytech Tinting deems appropriate in the circumstances.
Links to Other Websites
Our Platform may contain links to other websites that are not operated by us (“Third-Party Websites”). We do not control the Third-Party Websites to which our links and assumes no responsibility for their content, terms and conditions or privacy policies and/or statements. Third-Party Websites and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. This includes any company providing online payment via credit card or e-banking.
Updates to Our service
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to these terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of these Terms and/or any other terms and conditions or policies which may posted by us from time to time. You may also terminate this Agreement by deleting your account and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the Services and delete all copies of the Services from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You acknowledge and agree that if you deactivate your account or if we suspend or terminate your account, you will lose any information associated with your account, including Contents. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
Infringement of Copyright
If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to defend, indemnify and hold us and our parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, successors, assignees and licensors (if any) harmless from and against any claim, demand, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with: (a) use of the service; (b) violation of these Terms or any Applicable Laws; (c) violation of any right of a third party; or (d) Raytech Tinting’s enforcement or attempt to enforce the obligations of the User; other than where any such claim, liabilities, damages, costs, judgments losses or expenses arises solely as a result of Raytech Tinting’s negligence.
Notwithstanding any other provision herein, it is agreed that neither party shall be liable to the other party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any indirect, special or consequential loss or damage suffered or flowing from this Terms, even if reasonably contemplated or if such other party has been advised of the possibility of such loss or damage.
You acknowledge and agree that the Services are provided on an “AS IS” and “AS AVAILABLE” basis to you and with all faults and defects without warranty of any kind, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services and/or the Vehicles, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
You acknowledge and agree that your only right with respect to any problem or dissatisfaction with the Services is to request for termination of your account and/or discontinue any use of the Services. In no event shall Raytech Tinting or its subsidiaries, affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Services or any third party content and services, or arising out of or in connection with your conduct or the conduct of other users in connection with the use of the Services including without limitation death, bodily injury, emotional distress and/or other damages resulting from communications or meetings with other users or persons you meet through the Services, whether or not the damages were foreseeable and whether or not Raytech Tinting was advised of the possibility of such damages. Without limiting the generality of the foregoing, Raytech Tinting’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fees received by Raytech Tinting in respect of the Services giving rise to such claims or, where relevant, shall not exceed the amount of Malaysia Ringgit then standing to the Raytech Tinting’s credit in your account. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.
You acknowledge and agree that the Services, the Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ‘s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute in relation to the Services, the disputing Party must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested (“Notice of Dispute”). You must send any Notice of Dispute to us via email to:email@example.com We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. Parties will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. Should the Parties fail to reach an amicable arrangement after sixty (60) days, both Parties may commence arbitration.
If you and us don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the Asian International Arbitration Centre in Kuala Lumpur (AIAC) in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators shall be one. The seat of arbitration shall be Kuala Lumpur and the arbitration shall apply substantive law of Malaysia. The arbitral proceedings shall be conducted in English language.
We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location (“Promotions Rules”). You are responsible to read all Promotions Rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference. Under certain circumstances, Raytech Tinting may, at its sole discretion, at any time and without prior notice to the User, withdraw, modify, suspend, cancel or delete all, or a part of the Promotion or the Promotions Rules governing such Promotion.
In the event a Vehicle is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the Vehicle listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and the payment has been made. If the User has already made any payment for the purchase and such order is canceled, the Dealer shall immediately issue a credit to the User’s payment account in the amount of the charge.
These Terms shall be governed by and construed in all respects in accordance with the laws of Malaysia.
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
Don’t hesitate to contact us if you have any questions.
– Via Email: firstname.lastname@example.org.