Terms & 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:

1. transmissions over various networks; and
2. changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. Payment processing is provided by Stripe and is subject to Stripe's terms and those presented at checkout.

1.10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Products except where expressly permitted under these Terms or under a separate written API or reseller agreement with OTOFACTS.

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.

2.3. All calculated, estimated, or derived values shown in reports or user interfaces (including but not limited to mileage change, daily usage, annual averages, vehicle age estimates, usage classifications, or any future derived metrics) are system-generated estimates based on available historical records and time intervals between entries. These estimates are provided for informational purposes only and are not guaranteed to be accurate, complete, current, or reflective of actual vehicle usage or condition. You acknowledge and agree that OTOFACTS makes no representations or warranties regarding such derived metrics and accepts no liability for any decisions, losses, or damages arising from or related to reliance on them.

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:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, national, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information;
7. 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;
8. to collect or track the personal information of others;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. for any obscene or immoral purpose;
11. to republish, sell, rent, sublicense, 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
12. 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 at all times to keep the Company safe, harmless and indemnified against all actions, proceedings, claims, demand, losses, damages, penalties and expenses (including legal costs and expenses incurred on an attorney 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. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

7.2. 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 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 collect, use, store, and disclose personal information in connection with our website and Services. Our practices—including how we handle cookies, data security, your rights under applicable laws (including Malaysia's Personal Data Protection Act 2010), children's information, and data retention—are described in our Privacy Policy.

13.2. By using or accessing our website or Services, you acknowledge that you have read and agree to our Privacy Policy, which is incorporated into these Terms by reference. If there is any conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy governs.

14.1. Subject to these Terms and any separate API agreement entered into with OTOFACTS, approved API customers may display and distribute UK and Japan vehicle history reports under their own branding ("White Labeling").

14.2. White Labeling is permitted only for reports generated from the United Kingdom and Japan datasets. White Labeling is not permitted for reports relating to Malaysia, the United States, or any other datasets unless expressly authorized by OTOFACTS in writing.

14.3. White Labeling is granted as a limited, non-exclusive, non-transferable and revocable license. No ownership or intellectual property rights in the reports, underlying data, APIs, software, trademarks, or other materials are transferred to the API customer.

14.4. API customers may customize the report layout, colors, fonts, logo and branding provided that:

• the report content is not materially altered, manipulated or presented in a misleading manner;
• no factual information, warnings, disclaimers or legal notices required by OTOFACTS are removed or modified;
• the source data remains accurately represented.

14.5. API customers remain solely responsible for the branding, presentation, marketing and distribution of any white-labeled reports provided to their customers.

14.6. OTOFACTS reserves the right to require attribution, disclaimers or source acknowledgments where required by our data providers, licensors or applicable law.

14.7. OTOFACTS may suspend or revoke White Labeling rights at any time if the API customer breaches these Terms, the applicable API agreement, or uses the reports in a manner that may damage the reputation of OTOFACTS or its data partners.

14.8. Except for the limited White Labeling rights expressly granted under this clause, all other restrictions relating to copying, reproduction, redistribution, resale, sublicensing or commercial exploitation of the reports remain in full force and effect.

14.9. The API Customer is granted a limited, non-exclusive, non-transferable, revocable license to access and use the API solely for its internal business purposes and for generating reports in accordance with these Terms and any applicable API agreement.

14.10. The API Customer must not use the API, reports or underlying data to:

• build, compile or recreate a competing database;
• scrape, harvest, extract or systematically collect data beyond the intended use of the API;
• train, fine-tune or develop any artificial intelligence, machine learning model or similar technology;
• create or operate a competing vehicle history service, API or similar product;
• reverse engineer, decompile or attempt to derive the structure or contents of the OTOFACTS database.

14.11. All intellectual property rights, database rights, copyrights, trademarks, software, report formats, APIs and underlying data remain the exclusive property of OTOFACTS and/or its licensors. Except for the limited license expressly granted under these Terms, no ownership or other rights are transferred to the API Customer.

14.12. The API Customer is solely responsible for customer communications, marketing materials, representations made to end users, and compliance with all applicable laws and regulations in connection with white-labeled reports.

14.13. The API Customer agrees to indemnify, defend and hold harmless OTOFACTS, its directors, officers, employees and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of the API Customer's use of the API, white-labeled reports, breach of these Terms, or claims brought by the API Customer's customers or other third parties.

14.14. OTOFACTS provides vehicle history information obtained from third-party sources on an "as is" and "as available" basis. OTOFACTS does not warrant that any report or data is complete, accurate or current and shall not be liable for inaccuracies, omissions or delays in third-party data.

15.1. 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.

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

15.3. 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.

16.1. 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.

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

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

17.3. 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.

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

17.5. 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.

17.6. 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.

17.7. Reference to any specific product, process or service by trade name, trademark or manufacturer or otherwise by the Company or its affiliates does not constitute an endorsement, a recommendation or a favoring by otofacts. The user should seek professional advice 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, 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 defense of any such claim, action or proceeding. The Company reserves the right, at its own expense, to assume the exclusive defense 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.

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

21.2. 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.

21.3. 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.

21.4. 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.

21.5. These Terms, our Privacy Policy, and any policies or operating rules posted by us on this site or in respect to the Service constitute 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), subject to any further agreements signed between us.

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

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

22.2. 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.