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Terms of Service
ACCEPTABLE USE POLICY This Acceptable Use Policy sets out the terms between you and us, Piston Technologies Distribution under which you may access the website @ www.autocari.com (our “Website”). This Acceptable Use Policy applies to all users of, and visitors to, our Website. Your use of our Website means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of Use. Prohibited Uses You may use our Website only for lawful purposes. You may not use our Website: · in any way that breaches any applicable local, national or international laws or regulations; · in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; · for the purpose of harming or attempting to harm minors in any way; · to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content · to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any · to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses,worms, You also agree: · not to reproduce,duplicate, copy or re-sell any part of our Website in contravention of the provisions of our · not to access without authority, interfere with, damage or disrupt; · any part of our Website; · any equipment or network on which our Website are stored; · any software used in the provision of our Website; and · any equipment or network or software owned or used by any third party. Content Standards These content standards apply to any and all materials which you contribute (“contributions”)to our Website, including via framing, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contributions as well as to its whole. Contributions must: · be accurate (where they state facts); · be genuinely held(where they state opinions); and · comply with the applicable laws in Malaysia and in any countries from which they are posted. Contributions must not: · contain any material which is defamatory of any person; · contain any material which is obscene, offensive, hateful or inflammatory; · promote sexually explicit material; · promote violence; · promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; · infringe any copyright, database right or trade mark of any other person; · be likely to deceive any person; · be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; · promote any illegal activity; · be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety; · be likely to harass,upset, embarrass, alarm or annoy any other person; · be used to impersonate any person, or to misrepresent your identity or affiliation with any person; · give the impression that they emanate from us, if this is not the case; and · advocate, promote or assist any unlawful act such as (by way of example only) copyright infringe mentor Suspension and Termination We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Website, and may result in our taking all or any of the following actions: · immediate, temporary or permanent withdrawal of your right to use our Website; · immediate, temporary or permanent removal of any posting or material uploaded by you to our Website; · issue of a warning to you; · legal proceedings against you for reimbursement of all costs on an indemnity basis (including,but not · further legal action against you; and · disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited and we may take any other action we deem appropriate. Changes to Acceptable Use Policy We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published else where on our Website. USER’S TERMS OF USE This page (together with the documents referred to on it) tells you the “Terms of Use” on which you may make use of the following website (“our Website”) whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use our Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website. Information about Us The website @ www.autocari.comis operated under Piston Technologies Distribution. Accessing our Website Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if our Website are unavailable at any time or for any period (for any reason). From time to time, we may restrict access to some parts of our Website or all of our Website, to those users who have registered with us. If you choose (or you are provided with) a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We have the right to disable any user identification code or password (whether chosen by you or allocated by us) at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. When using our Website,you must comply with the provisions of our Acceptable Use Policy (set out below). You are responsible for making all arrangements necessary for you to have access to our Website.You are also responsible for ensuring that all persons who access our Website through your Internet connection are aware of these terms and that they comply with them. Intellectual Property Rights We are the owner or the licensee of all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All rights in these works are reserved except as expressly set out in these Terms of Use. You may print off one copy and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website. You must not modify(in any way) the paper or digital copies of any materials you have printed off or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made. Reliance on Information Posted Fact sheets, FAQs and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website (or by anyone who may be informed of any of its contents). Changes to our Website We aim to update our Website regularly, and may change the content at any time. If the need arises,we may suspend access to our Website or close it indefinitely. Any of the material on our Websites may be out of date at any given time and we are underno obligation to update such material. Our Liability The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: · All conditions,warranties and other terms which might otherwise be implied by statute, common law or the law · Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our # loss of income or revenue; # loss of business; # loss of profits or contracts; # loss of anticipated savings; # loss of data; # loss of goodwill; # wasted management or office time; and # for any other loss or damage of any kind,however arising and whether caused by tort (including negligence), This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Information about You and Your Visits to Our Website We process information about you in accordance with our privacy policy [link to privacy policy here].By using our Website, you consent to such processing and you warrant that all data provided by you is accurate. Uploading Material to our Website Whenever you make use of a feature that allows you to upload material to our Website (including via frames), or to make contact with other users of our Website, you must comply with the content standards set out in our Merchant Terms & Conditions Policy below. You warrant that any such contribution does comply with those standards and you indemnify us for any breach of that warranty. Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy. Viruses, Hacking and Other Offences You must not misuse our Website in any malicious way which contravenes our acceptable use policy.By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack,viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. Links from our Website Where our Website contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should make sure you’re happy with the terms and conditions and privacy policy of any third party site. Jurisdiction and Applicable Law The Malaysia courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Websites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by Malaysia law. Variations We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website. MERCHANT’S TERMS & CONDITIONS These terms and conditions shall govern all the online activities carried out by Merchant while using the services and technology provided by Piston Technologies Distribution (“Piston”) under its owned URL named www.autocari.com (the “Website”), a listing platform operated by Piston. The parties agree as follows: I. Scope. To provide Merchant with the opportunity to list and sell its products through the Website. Piston has the II. Listing Platform. Listing means sales of products by Merchant to customers via the Website listing service, III. Term. The Term of this service begins on the date of an account registered online and continues until it is IV. Representations and Warranties. Merchant represents and warrants that: (1) it has the power to authorize the display and/or sale of its products on-line and as part of the Website listing business; (2) all product information, data, images,and/or intellectual property provided by Merchant to Piston for its listing business (a) comply with all applicable laws; (b) are accurate and that all claims contained therein have been substantiated; and (c) have been cleared for the uses contemplated hereunder; and (3) it has secured any and all clearances, permissions,approvals, authorizations, rights and licenses necessary for the use or display of all Merchant’s product information,data, images, and/or intellectual property provided to Piston as part of its listing business. V. Authorization. Merchant grants Piston the non-exclusive, worldwide, royalty-free right and license to use and display any product information, specifications,warranty information,data, images, and/or intellectual property in the Website for use in its listing business during the Term of this service(“Merchant Content”). Piston may use Merchant Content for any purpose related to its listing business or in furtherance of promoting Merchant’s products, including use in the Website, emails,and marketing or advertising campaigns. Merchant acknowledges that Piston is relying upon Merchant to ensure that all Merchant Content is accurate and complete, and Merchant agrees to notify Piston and revise and resubmit Merchant Content promptly upon discovery that it is inaccurate or incomplete. A. Piston agrees that it will not make modifications or alterations to Merchant Content without Merchant’s prior B. Except for the limited license granted to Piston herein, Merchant retains all right, title, and interest to Merchant VI. Intellectual Property. Merchant acknowledges and agrees that all patents, designs,trade names, trademarks, copyrights, VII. Indemnification. Merchant shall indemnify, defend,and hold harmless Piston, its parents, affiliates,subsidiaries, officers, managers, partners, employees, and agents from and against any and all claims, lawsuits, judgements, losses, civil penalties,liabilities, damages, costs, and expenses, including reasonable attorney’s fees and court costs, arising out of or related to any (a) alleged defects in or injury from use of Merchant’s products; (b) alleged failure of Merchant or Merchant’s products to comply with the Merchant’s Terms and Conditions or any laws,regulations, warranties, guarantees,or representations of Merchant;(c) allegations concerning Merchant Content; (d) negligent or grossly negligent action, inaction, omission or intentional misconduct of Merchant; and/or (e)breach of third party’s intellectual property right. VIII. Choice of Law. The laws of Malaysia shall govern this service and any disputes arising hereunder. Except injunctive or other equitable relief, Piston and Merchant agree that, as a condition precedent to the institution of any action regarding disputes arising under this service, such disputes shall first be submitted to mediation before a professional mediator selected by the parties, at a mutually agreed time and place, and with the mediator’s fees split equally between the parties. If mediation is unsuccessful, the parties agree to submit disputes to a state or federal court in Malaysia. IX. Assignment. Either party may assign this service to a present or future parent,subsidiary, or affiliated entity, including a future successor or party acquiring all or part of the party’s business. All other assignments, transfers, or delegations require written consent of both parties. Any attempted assignment or transfer in contravention of this section shall be void. X. Entire Service. This service constitutes the entire terms & conditions between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements, understandings,negotiations, representations or proposals or any kind, whether written, oral or otherwise. Neither party has relied upon any statements, representations or other communications that are not contained in the Merchant’s Terms & Conditions.
AVAILING THE SERVICES OFFERED BY PISTON THROUGH WWW.AUTOCARI.COM SHALL MEAN THAT THE MERCHANT FURTHER AGREES WITH THE FOLLOWING TERMS AND CONDITIONS MENTIONED AS HEREUNDER:
1. ROLES AND RESPONSIBILITIES OF PISTON: 1.1. Piston shall bring in its technology through website development,online promotions, listing service engine and 1.2. Piston will be responsible for managing the support service of the Website. 1.3. The software platform, listing engine will remain the sole property of Piston. 1.4. Piston shall have the sole right and discretion to decide about the selection and listing of products on the Website. 1.5. Piston shall not be liable for any manufacturing defects in the products in any 2. ROLES AND RESPONSIBILITIES OF MERCHANT: 2.1. Merchant agrees for the sale and distribution of its products through the Website during the Term of this Service. 2.2. Merchant shall be solely responsible to create and publish and to make live its product catalogues for display and sale of its products through the Website and Merchant will be responsible for updating/publishing or maintaining such information and will do so using the Website control panel provided by Piston to Merchant.Piston shall not be liable for any catalogue creation, updating and management of Merchant’s product catalogues. 2.3. Pricing of Merchant’s products will be the sole prerogative of Merchant in control panel provided by Piston. 2.4. Merchant shall be solely responsible for pricing update of its products(including discount and promotion information) on control panel provided by Piston. All the pricing updates shall be done through control panel provided by Piston to Merchant and Piston shall not be held liable in any circumstances for any pricing updates of Merchant’s products. Until a new price update by Merchant to its catalogue,Merchant will abide by the earlier price provided. 2.5. Merchant shall be solely responsible for product updates (including discounts and promotions and information about product discontinuation) from time to time for publishing on the Website. All product updates shall be done through control panel provided by Piston to Merchant and until a new product update is published on the Website, Merchant will abide by the earlier product update. Piston shall not be held liable in any circumstances for any product updates from Merchant on the Website. 2.6. During the Term of this service,Merchant will be solely responsible for fulfilment of its products to the customers for products sold through Merchant’s website from a link on the Website or Merchant’s products sold through Merchant’s catalogues on the Website. Merchant will arrange for the products to be ready for dispatch to the applicable addresses of the customers. 2.7. Merchant is bound by the general terms and conditions of use applicable to all users of the Website. 2.8. Merchant hereby agrees that the return of any defective or damaged products must conform to manufacturer’s 2.9. If any product is not delivered by Merchant to the customer then in that case Piston will not be liable for the same.However, in case if Piston receives any complaint from the customer regarding non receipt of product, then in that case Merchant agrees to provide all the necessary details including proof of delivery to the customer to prove authenticity of delivery of such product. 2.10. Merchant is obligated to sell the products at the listed price to the customers who meet the terms. By listing an item in a fixed price (inclusive of sales and service tax,if there is any), Merchant represents and warrants to prospective buyers that Merchant has the right and ability to sell, and that the listing is accurate, current, stock available and complete and is not misleading or otherwise deceptive. 2.11. Before Merchant lists an item, the Merchant needs to find out if the item is allowed to be sold on the Website. Merchant is ultimately responsible for making sure that selling an item is legal under applicable laws. By entering under the Merchant’s Terms & Conditions, Merchant represents that it shall not list those products which are prohibited under laws as follows: Adult goods and services -- pornography and other sexually suggestive materials (including literature, Cable descramblers and -- devices intended to obtain cable and satellite signals for free Child pornography -- pornographic materials involving minors Copyright unlocking -- mod chips or other devices designed to circumvent copyright protection Copyrighted media -- unauthorized copies of books, music, movies, and other licensed or protected Counterfeit and -- replicas or imitations of designer goods; items without a celebrity endorsement Drugs & drug -- illegal drugs and drug accessories, including herbal drugs like salvia and magic paraphernalia mushrooms Drug test circumvention -- drug cleansing shakes, urine test additives, and related items aids Endangered species -- plants, animals or other organisms (including product derivatives) in danger of extinction Gaming/gambling -- lottery tickets, sports bets, memberships/enrolment in online gambling sites, Illegal goods -- materials, products, or information promoting illegal goods or enabling illegal actsand related content Government IDs or -- fake IDs, passports, diplomas, and noble titles materials to software, servers, websites, or other protected property Miracle cures -- unsubstantiated cures, remedies or other items marketed as quick health fixes Offensive goods -- literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred Offensive goods, crime -- crime scene photos or items, such as personal belongings, associated with criminals Prescription drugs or -- drugs or other products requiring a prescription by a licensed medical practitioner Pyrotechnic devices and -- fireworks and related goods; toxic, flammable, and radioactive materials and and hazardous materials substances Regulated goods -- air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications Securities -- stocks, bonds, or related financial products Tobacco and cigarettes -- cigarettes, cigars, chewing tobacco, and related products Traffic devices -- radar detectors/jammers, license plate covers, traffic signal changers, and related products Weapons -- firearms, ammunition, knives, brass knuckles, gun parts, and other armaments Wholesale currency -- discounted currencies or currency exchanges Live animals -- All kinds of live animals Multi-Level marketing -- any kind of MLM involve members collection fees & recruiting down line Matrix sites or sites using a matrix scheme approach Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international Violations of the above will result in a range of actions, including but not limited to the following: a. listing cancellation or b. Account suspension *The above list is merely indicative and not exhaustive. Piston may at its sole discretion, amend or modify the said list. 2.12. Merchant is not permitted to include any brand names or company logos of its principals in their listings other than the specific brand names authorised by the original manufacturers to be used for products being sold by Merchant under a particular listing. Certain uses of brand names may also constitute trademark infringement and could expose Merchant to legal liability. 3. WARRANTY: 3.1 Merchant undertakes that the products delivered are without any encumbrances and there has been no violation of any third party by the Merchant. 3.2 For any defect in the products delivered by Merchant under manufacturer’s warranty, Merchant shall abide with the warranty policy as applicable to the products. 4. OTHER FEE: 4.1 Piston does various marketing campaigns relating to the Website through various channels. The marketing channels may include, but not limited to, promotion/coupon codes, bank promotions, cashback offers, e-mails, website showcase, social media promotions, category specific campaigns, print media campaigns etc. 4.2 Merchant, at the time of signing up, is enrolled by default to participate into these campaigns, so that Piston can promote Merchant’s products in the relevant campaigns. Piston may or may not include Merchant’s products on the marketing campaigns as it depends on the nature of the campaigns. 4.3 Merchant can opt out from the panel if it does not wish to participate in any of the promotions. 5. RIGHTS AND LICENSES: 5.1 As between the parties,Piston reserves all right, title and interest in and to the Website and, no title to or ownership of the Website is transferred or licensed to Merchant or any other person pursuant to the Merchant’s Terms & Conditions. 5.2 The customer database generated shall become the sole property of Piston. 5.3 Any Piston’s intellectual property provided or otherwise made available to Merchant or its affiliates may be used by Merchant and/or its affiliates solely for the express purposes described during the Term of this service.For the avoidance of doubt, Merchant will not: a. copy any of Piston’s intellectual property; b. distribute copies of any of Piston’s intellectual property; c. modify, adapt, translate, reverse engineer, make alterations, recompile, disassemble, or make derivative works or d. use, rent, loan, sub license, lease, distribute, or attempt to grant other rights to any of Piston’s intellectual property; e. use any of Piston’s intellectual property to act as a consultant, service bureau or application service provider, or to 6. TERMINATION: This service shall be terminated by either party by giving 30 days’ prior written notice to the other party without assigning any reason whatsoever for such termination.Piston may terminate this service immediately in case of breach of any of the provisions of this service by Merchant, if Merchant does not proceed to cure the breach within ten (10) days after receipt of a written notice of the breach. Either party may terminate this service with immediate effect upon written notice in the event that the other party becomes bankrupt or insolvent, or an order is made for its winding up or a receiver is appointed.On termination of this service,all outstanding obligations of the parties under the terms of this service shall continue to subsist until the same are fulfilled/realised in totality. 7. LIMITATION OF LIABILITY: Piston will not be liable for any damages of any kind,including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection to this service, the inability to use the services or the transaction processing service, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services. This limitation shall apply regardless of the form of action, whether in contract or tort,including negligence, or any other form of action. 8. DISCLAIMER: This disclaimer shall be applicable to any person, company, individual or entity who has entered into this service and other related services provided herein. The information contained in these terms and conditions have been provided specifically for the purpose of offering the services mentioned in this terms & conditions and the same is acknowledged and duly agreed by Merchant.Piston does not have any method to assessor verify the veracity of individual's or entity's or third party's products and services which are offered under this service.
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