TERMS AND CONDITIONS

1.1. These terms and conditions outline the rules and regulations for the use of Otofacts (M) Sdn. Bhd. Website, located at otofacts.com.

1.2. Our services consist of providing comprehensive reports on the history of a used motor vehicle that has been registered in the U.S., U.K, Japan and Malaysia ("Service")...

1.3. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. “Otofacts”, "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, by and subject to, prevailing law of Malaysia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

1.4. Please read these Terms carefully before accessing our website. By visiting our site and/or engaging in our services, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. You shall continue to be bound by the Terms each and every time you visit our site, engage in our services and deal with us. These Terms shall apply to all users of the site, including without limitation users who are browsers, vendors, customers, agents, and/ or contributors of content.

1.5. These Terms form a binding and enforceable contract between You and the Company.

1.6. Any new features or tools which are added to the website shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.7. These Terms govern the relationship between Otofacts (M) Sdn. Bhd. ("the Company") and individuals visiting our website for any purpose including buying our products.

1.8. We reserve the right to refuse service to anyone for any reason at any time.

1.9. You understand that your content (not including credit or debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks [subject to the further terms of the payment gateway].

1.10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, inclusive of the Products available through the Service, without express written permission by us.

1.11. The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.

2.1. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

2.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

3.1. By considering dealing with the Company, you acknowledge that the accuracy or completeness of information is not guaranteed by using our service.

It is essential to understand that this disclosure does not cover all potential risks. Some of the risks associated with using our service include:-

• Review by Client: For a well-informed decision making, you should thoroughly review our terms and conditions before making any purchase.
• Payment Process: All payments must be made directly to the Company. Any payments made through third parties leading to financial loss shall not hold us liable for legal or financial responsibilities.
• Product (Vehicle Report) : The data used to compile the report has been sourced and compiled from various independent and government sources and does not represent the opinion of Otofacts. As a result, the Company can accept no responsibility for the accuracy or completeness of information. Kindly refer and comply with the third-party sources terms & conditions.

4.1. We impose certain restrictions on your use of the Service. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) not republish, sell, rent, sub-license, reproduce, duplicate, alter, edit, forge, copy, or redistribute any material from this website and any material or products obtained or purchased from this website; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

4.2. We reserve the right to terminate your use of the Service or access to the Product should you violate any of the prohibited uses. Any violation of this section may subject you to civil and/or criminal liability in which we reserve the right to initiate action against you for any infringement or breach to the terms.

4.3. You hereby agree and undertake all times keep the Company save, harmless and indemnified against all actions, proceedings, claims, demand, losses, damages, penalties and expenses (including legal costs and expenses incurred on a solicitor and client basis) and all other liabilities of whatsoever nature or description which may be made or taken or incurred or suffered by the Company in connection with or in any manner arising out of any violation committed by you.

5.1. Prices shown on the website are in Malaysian Ringgit (RM) and are inclusive of any applicable tax at the time of the purchase. Prices are subject to change effective immediately upon posting of such price changes to the Website or other form of notification.

5.2. The price of the Products shall be as stipulated at all times on the Site, except in the case of an obvious error. Every effort is made to ensure that the prices featured on the Site are correct, but errors may occur. Any discovery of an error in the price of any of the products that you have ordered, shall be notified to you as soon as possible and give you the option of confirming your order at the correct price.

5.3. Offers and promotions on the Site are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which shall be displayed.

5.4. We must receive payment for the service in full, cleared payment before the Product is released and you are given access to the Product.

5.5. Available currencies of payment are in RM, USD, Euro, KES and SGD. Payment in other currency other than mentioned before shall be subjected to availability of the payment platform.

5.6. We accept payment via Stripe, most major credit and debit cards including Visa and Mastercard and any other payment method updated from time to time. All credit and charge card holders are subject to validation, security checks and authorization by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorize payment, we shall not accept your Order and shall not be liable for any delay or non-delivery.

6.1. Once payment is made, the Product, the vehicle report shall be available on your Account. Kindly be informed that for certain orders you may not be able to receive the Product instantaneously and are subject to delays. We shall not be liable for any delays in delivering the Product that is out of our control.

6.2. If you have made payment for your order but the Product was not delivered or there are issues with the Product, kindly contact us as soon as possible and we shall look into and/or rectify the matter.

7.1. Prices for our products are subject to change without notice.

7.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

7.3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or any of the Products.

8.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

8.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

9.1. By placing an order and making payment is an offer and we have the right to accept or reject your offer.

9.2. It is hereby agreed that any order does not in any way guarantee availability of the product(s) as the information requested may not be available in which we will notify you.

10.1. No cancellation and refund can be made once you have made payment and the order has been completed. We shall not entertain any cancellation or refund request except for the following circumstances:-

• (a) A cancellation and/or refund request for Japan vehicle standard report order must be made at least twenty four (24) hours after order was placed provided that the report is still in queue or the order is still in progress and yet to be completed. However should you request for cancellation, we are unable to provide full refund due Stripe charges or charges from the payment platform. The total sum to be refunded shall be after the necessary deductions and shall be upon our discretion. We reserve the right to decline any cancellation requests.

10.2. We reserve the right to cancel any order deemed suspicious or fraudulent. Any fraudulent transactions shall be reported to the appropriate authorities.

11.1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

11.2. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

11.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

11.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

12.1. Certain content, products and services available via our Service may include materials from third-parties.

12.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

12.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13.1. We take the responsibilities in relation to protecting your Personal Data (“Information”) and compliance with Applicable Laws very seriously. We are committed to properly managing, protecting and processing your information in accordance with this Policy, which shall apply to all Information we collect from users of the website.

13.2. We may modify this Notice at any time, without prior notice, and changes may apply to any personal information we already hold about you, as well as any new personal information collected after the Notice is modified. If we make changes, we shall notify you by revising the date at the top of this Notice. We shall provide you with advanced notice if we make any material changes to how we collect, use or disclose your personal information that impact your rights under this Notice. Your continued access or use of our Services after receiving the notice of changes, constitutes your acknowledgement that you accept the updated Notice.

13.3. Please read and review this Policy carefully.

13.4. By using or accessing the Services, you signify that you have read, understand and agree to be bound by this Policy.

13.5. Our Services are operated in Malaysia but can be accessed worldwide.

14.1. When we use the term “Personal Data” we are referring to all data (including sensitive personal data, as defined under Malaysia’s Personal Data Protection Act 2010 (“PDPA”), whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access to, as well as any information for which the collection, disclosure, use or processing of is subject to data protection laws or regulations in any jurisdiction in which our stores and/or Sites are made available by us. Our Sites may include links to third-party websites and/or applications. Please note that we have no control over the processing of Personal Data by websites or applications not owned by the Company.

14.2. This Privacy Policy shall be governed in accordance with the laws of Malaysia.

14.3. We collect personal information when you use our Services, create an account with us or submit personal information when requested with the Site. Personal information generally is any information that relates to you, identifies you personally or could be used to identify you, such as your name, email address, phone number, address and payment account number. The definition of personal information varies by jurisdiction. Only the definition that applies to you based on your location applies to you under this Privacy Notice. Personal information does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.

14.4. The types of personal information that we may collect about you include:-

• Information You Directly and Voluntarily Provide to Us

  (i) We collect the personal information you give us when you use our Services. This includes when you visit our Site, contact us regarding service inquiries, or place an order. For example, when you place an order, we collect information that you provide to us during the ordering process. This information will include your first and last name and email address.

  (ii) You may also provide credit card information when you place an order. Your credit card information is stored in a third-party‘s data storage and databases. Kindly refer and comply with the third-party data terms & conditions.

  (iii) You have no obligation to provide any of the Personal Data requested by us. However, depending on circumstances, it may be the case that if you do not provide the requested Personal Data, we may not be able to transact with you or otherwise provide you with certain products and services.

• Information Automatically Collected

  (i) We may automatically collect personal information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, Internet Protocol (“IP”) address and standard web log information. Website Usage Information such information about how you use or navigate our websites, online advertisements including which links you click, which pages you view and for how long, and other similar information and/or statistics such as date and time of visit, which site you came from, and site activities. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

• Information We Collect from Other Sources

  (i) We may receive information about you from other sources such as business partners, marketers, researchers, data analytics partners, social network services, and other parties to help us supplement our records.

  (ii) If you access our Services through a third-party website, application, or social media platform (such as Instagram or Facebook), we may receive information about you from those third-party services, depending on the third-party's data practices and your settings (for example, your name, email address, and comments or content you post). We are not responsible for their content or practices and we urge you to read their privacy and security policies.

15.1. We use the Order Information that has been provided to fulfill any orders placed through the website including processing your payment information, order confirmation, providing access to the product, providing you with payment receipt, providing account updates and updates on the website.

15.2. Additionally, we may use your personal information to communicate with you, screen our orders for potential risk or fraud, marketing, and provide you with information or advertising relating to our products if in line with the preferences you have shared with us.

15.3. We use third-party services to improve and optimize our Website also to assess the effectiveness of our marketing and advertising campaigns, and to help us screen for potential risk and fraud.

15.4. If you change your mind after you opt-in, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us through our contact form https://otofacts.com/contact/ or through our social media such as Facebook and Instagram.

We may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive or to otherwise protect the rights of the Company, our customers, our website or its users.

17.1. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

17.2. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

17.3. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

17.4. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms.

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

19.1. Cookies are an essential part of how our platform works. The main goal of our Cookies is to make your browsing experience as easy and efficient as possible. For example, they are used to remember your preferences (language, country, etc) when browsing and during future visits. We also use our Cookies to continuously improve our services and Platform, and to offer customized advertising according to your browsing habits.

19.2. In any case, the Cookies we use never store sensitive information such as passwords, credit or debit card details, etc.

20.1. In respect of the Personal Data which you have submitted to us, your right as accordance with Personal Data Protection Act 2010 (Act 709) at any time are as follow:-

• Request for access to your Personal Data in our records;
• Request to make correction of your Personal Data in our records in the event the information is inaccurate, misleading, out-of-date or incomplete upon validation and verification of the new information provided;
• Request to cease processing your Personal Data, request to restrict or limit processing of your Personal Data, or request portability of your Personal Data;
• Withdraw your consent for us to continue processing your Personal Data;
• Complaint to a data protection authority about our collection and use of your Personal Data.

20.2. In respect of requests for access to or to make correction of your Personal Data in our records, or to cease processing your Personal Data for the purposes of marketing, such requests must be made in writing and supported with submission of the relevant documents as required by us in person from time to time to the address set out in the Contact Us section below. We will only make appropriate corrections based on the updated information provided by you. When requested and if it is practical, we will delete identifying information from our current operation systems. Your request may also be subject to payment of a fee in accordance with applicable legal requirements.

20.3. You may request for deletion of your personal data by us and we will use commercially reasonable efforts to honor your request. However, kindly note that we may be required to keep such information and not delete it (or to keep this information for a certain period of time, in which case, we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database but may remain in our archives. We may also retain your information for fraud prevention and detection or similar purposes.

20.4. If you would like to exercise this right, please contact our email at [insert email] or through our contact form https://otofacts.com/contact/ or through our social media such as Facebook and Instagram.

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

22.1. Our site and services are intended for general audiences and are not directed at children. If we learn that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable measures to delete such information from our databases and to not use such information (except where necessary to protect the safety of the child or other as required or allowed by law). If you become aware of any such information, please contact us by email at [insert email] or through our contact form https://otofacts.com/contact/ or through our social media such as Facebook and Instagram.

When you place an order through the Website, we shall maintain your Order Information for our records unless and until you ask us to delete this information.

We respect your privacy. We shall only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD-PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.

To make such a request, please contact us by email at [insert email] or through our contact form https://otofacts.com/contact/ or through our social media such as Facebook and Instagram.

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and us in other contexts.

24.1. Unless stated otherwise, we own the intellectual property rights for all content (including photos, copyrighting, designs etc) on this website. All intellectual property rights are reserved.

24.2. You may access and use this website for personal purposes, subject to the restrictions outlined in these Terms.

24.3. All content on our website are provided to you on “as is” basis without any warranties for your general information (not intended to amount to advice on which you should rely) and solely for your activity subject to applicable intellectual property laws and may not (in whole or in part) be used, copied, altered, reproduced, republished, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent.

25.1. You must comply with these Terms, and such other terms and subsequent amendments effective from the date of registration. We reserve the right to modify its policies, rules of conduct, and terms and conditions without prior notice.

26.1. We do not guarantee, represent or warrant that your use of our service may be uninterrupted, timely, secure or error-free.

26.2. We do not warrant that the results that may be obtained from the use of the service may be accurate or reliable.

26.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

26.4. You expressly agree that your use of, or inability to use, the service is at your sole risk.

26.5. In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. You specifically acknowledge that we shall not be liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you. We shall also not be held liable for any loss or injury to any third-parties due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your illegal conducts or your violation of any law or the rights of a third-party. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

26.6. In no event will the Company, or any person or entity involved in creating producing or distributing the Company Website or the Company Website Software, be liable for any damages, including, without limitation direct, indirect, incidental, special, consequential, or punitive damages arising out of the user of or inability to use the Company Website. The user hereby acknowledges that the provisions of this section shall apply to all content on or made available via the Company Website.

26.7. Reference to any specific product, process or service by trade name, trade mark or manufacture or otherwise by the Company or its affiliates does not constitute an endorsement, a recommendation or a favoring by Otofacts. The user should at all times seek professional advice at all times and obtain independent verification of the materials and information provided herein prior to making a decision based on any such materials or information.

You agree to indemnify, defend and hold harmless the Company, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You shall cooperate as fully as reasonably required in the defence of any such claim, action or proceeding. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any claim or matter subject to indemnification by you. This clause shall survive the termination of this Terms of Service.

These Terms are governed by Malaysian laws, rules, and regulations. By using this site, you agree to submit to the jurisdiction of Malaysian courts.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

30.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

30.2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

30.3. If in our sole judgment or discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms or in the event of any breach of these Terms, we also may immediately terminate this agreement at any time without notice and you shall remain liable for all amounts due up to and including the date of termination (if any); and/or accordingly may deny you access to our Services (or any part thereof) and terminate your Account and you will no longer be able to establish or access the Account.

ENTIRE AGREEMENT

30.4. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

30.5. Subject to any further agreements sign between us, these Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

30.6. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

31.1. You can review the most current version of the Terms at any time at this page.

31.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.