1.2 The Battery Shop/Carput is an online to offline service provider that provides customers with motor vehicle battery changing service, battery jumpstarts service, spare/flat tyre changing service, petrol re-fill service, vehicle diagnose service (“The Battery Shop/Carput’s Services”) as well as connects customers to emergency vehicle towing operators (“Outsourced Services”) (collectively referred to as “Services”).
1.3 For The Battery Shop/Carput’s Services, The Battery Shop/Carput provides those services via its own technicians whereas for Outsourced Services, The Battery Shop/Carput offers those services through 3rd party independent contractors (“Tow Truck Operators”) where The Battery Shop/Carput connects customers with such Tow Truck Operators but The Battery Shop/Carput does not provide the Outsourced Services directly to customers. On certain occasions where the demand for The Battery Shop/Carput’s Services is too high, The Battery Shop/Carput has the right to outsource The Battery Shop/Carput’s Services to independent third party contractors.
1.4 By accessing, browsing, downloading and/or using the Platform and/or Services, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access and/or use of the Platform and/or Services.
1.5 We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Services after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.
1.6 We may change or update the Platform and/or Services and any information on the Platform and/or Services at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Services temporarily or permanently at any time without notice to you or liability to us.
2. Your Obligations
2.1 You must comply at all times with any instructions for use of the Platform and/or Services which we make from time to time.
2.2 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
2.3 You agree that you are solely responsible for:
(a) all costs and expenses you may incur in relation to your use of the Platform and/or Services; and
(b) keeping your password and other account details secure and confidential.
2.5 We may prevent or suspend your access to the Platform and/or Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
(a) your breach of any of these Terms or any applicable law or regulation; or
(b) your dealing with the Tow Truck Operator, including your breach of any terms set by the Tow Truck Operator.
2.6 Any rights relating to the use of the Platform and/or Services not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
3. Price And Payments
3.1 Price: All prices listed on the Platform are in Malaysian Ringgit. The price of each Service as listed on the Platform is merely an indicative price and is subject to change due to other additional factors such as the distance and time it takes for The Battery Shop/Carput’s technician or tow truck to reach your exact geographical location or some other extraneous or unexpected situations that may increase the cost of delivery of the Services or the product itself. The Battery Shop/Carput’s technician or the Tow Truck Operator will inform you of the actual price and obtain your agreement before providing the Services to you.
3.2 Response time: While we can show an estimated time of arrival of The Battery Shop/Carput’s technician or tow truck to your exact geographical location, it is merely an estimated time and shall not be taken as a binding commitment from The Battery Shop/Carput or Tow-Truck Operator as the response time would depend on a myriad of factors such as traffic situation, road accident, distance from The Battery Shop/Carput’s or Tow Truck Operator’s office to your exact geographical location and other conditions on the road. In any event, The Battery Shop/Carput’s technician or tow truck will strive to reach your exact geographical location in the shortest possible time but will not be liable in the event The Battery Shop/Carput’s technician or tow truck reaches your location beyond the estimated time of arrival.
3.3 Payment methods: You may pay for the Services using cash, bank direct transfer or credit card upon completion of each Service. For the Outsourced Services, you are responsible to pay the Tow Truck Operator directly.
3.4 Taxes: If the Service is liable for taxes, you shall be responsible to pay for the taxes, in addition to the price for the Service.
3.5 No refunds: Purchases are not refundable and we will not refund or credit for any Service rendered unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
3.6 Minimum service charge: In the event The Battery Shop/Carput’s technician, having been called to your location but is unable to provide The Battery Shop/Carput’s Service, due to reasons beyond his control (for example, the vehicle battery is dead and there is no way to jump start it, or the spare tyre is flat and there is no way to pump it), you shall be responsible to pay a minimum service charge of RM50.
3.7 Vouchers: We may from time to time provide vouchers for our customers as part of our promotional campaigns. The vouchers are not exchangeable, convertible or redeemable for cash.
3.8 Promotional offers or discounts: We may make promotional offers or discounts with different features and different rates to our customers from time to time in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Services.
3.9 Additional terms: When using the Platform and/or Services, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to [email protected]
4. Intellectual Property
4.1 We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platform.
4.2 We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform for your own personal and non-commercial use. All rights not expressly granted to you are reserved by us.
5.1 The information and materials on the Platform are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
5.2 Whilst we endeavour to make the Platform (not the Services) available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
5.3 We warrant that the Services will be performed consistent with generally accepted industry standards. No specific result from provision of the Services is assured or guaranteed. Other than those expressly set forth herein, to the extent permitted by law, we hereby disclaim all warranties, express or implied, statutory or otherwise, including but not limited to implied warranties and the warranties of merchantability, fitness for a particular purpose, in respect of the Platform and/or Services.
5.4 Product warranty from the vendor or manufacturer: We will transfer to you any product warranties and indemnities authorized by the vendor or manufacturer. We make no warranties of any kind concerning the product or any related documentation or services provided by the vendor, manufacturer or otherwise.
5.5 Alternative product: In the event that the product advertised on the Platform is out of stock, we may recommend to you an alternative product as a replacement, the quality of which will be verified by our technician and informed to you before installation.
5.6 Not responsible for Tow Truck Operator: We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Tow Truck Operator who provides the Outsourced Services to you. We make no warranties of the quality, suitability, safety or ability of the Outsourced Services.
5.7 Not a contracting party between yourself Tow Truck Operator: and We are not a party to any agreement, dealing or transaction entered into between you and the Tow Truck Operator, whether as a result, directly or indirectly, from using the Outsourced Services and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and the Tow Truck Operator.
6. Exclusion Of Liability
6.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were:
(a) not foreseeable to you and The Battery Shop/Carput when this contract was formed;
(b) not caused by any breach on The Battery Shop/Carput’s part, and
(c) indirect, exemplary, incidental or consequential loss (including loss of profit and loss of data), arising out of or in connection with the Platform and/or Services.
6.2 To the extent our liability cannot be excluded but can be limited, our liability to you under or in connection with these Terms, or in connection with the Platform and/or Services, or your access and use of (or inability to access or use) the Platform and/or Services, shall not exceed RM 300.
6.3 We have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
7. Links To Other Websites
Links included within the Platform may let you leave the Platform and enter into other website(s) ("Linked Site(s)"). The Linked Sites are not under the control of The Battery Shop/Carput and The Battery Shop/Carput is not responsible nor shall it be liable for the contents of any Linked Sites or any links contained in a Linked Site or any changes or updates to such sites. You agree that your access to and/or use of such Linked Site is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
8. Third Party Advertising
We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Services, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should notify us in writing. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
9.1 If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 24 hours after email is sent to your designated email address or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
9.3 A waiver by The Battery Shop/Carput of any breach by you of any of the provisions of these Terms or the acquiescence of The Battery Shop/Carput to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such provision or of any subsequent act contrary thereto.
9.4 These Terms shall be governed by the laws of Malaysia and each party agrees to submit to the non-exclusive jurisdiction of the Courts of Malaysia.
9.5 For us to waive a right under these Terms, the waiver must be in writing.
9.6 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.