Last updated on November 27, 2019
This document is an electronic record in terms of Laws of Malaysia and rules there under as applicable and the amended provisions pertaining to electronic records in various. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Use of the Website is available only to persons who can form legally binding contracts. Persons who are legally disqualified or incompetent to contract (including but not limited to minors, un-discharged insolvents etc.) are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor, if You wish to use or transact the Website, such use or transaction may be made by Your legal guardian or parents on the Website. Droom reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Droom's notice or if it is discovered that You are under the age of 18 years or otherwise legally disqualified or incompetent to enter into contract as per the applicable laws in Malaysia. Furthermore, Droom has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When You use the Website or send emails or other data, information or communication to us and provide Your information required for availing the services, You agree and understand that You are communicating with us through electronic records, by telephonic calls, SMS and You consent to receive communications via electronic records, telephone calls and SMSs from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
PLATFORM FOR TRANSACTION, COMMUNICATION AND INTERACTION
The Website is a platform that Users utilize to inter alia get required information, news, transact and share their reviews about the automobiles. Droom shall in no manner be held responsible for any opinion expressed, review made by any of the User(s) on this Website and/ or is not and cannot be a party to or control in any manner any transactions and actions of the Website's Users.
1. Droom does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased by Users of the Website. Droom does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Droom accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. Droom is not responsible for any non-performance or breach of any contract entered between any Users and third parties in any manner. Droom cannot and does not guarantee the correctness of the information available on this Website and shall not and is not required to mediate or resolve any dispute or disagreement between the Users and any third parties.
3. Droom does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
4. The Website is only a platform that can be utilized by Users to get the information relating to the automobiles and to share their reviews and get latest news and updates about the new automobile launches and their details and other information and it is agreed that the contract for sale of any of the products shall be strictly a bipartite contract between the Users and third parties.
5. At no time shall Droom hold any right, title or interest over the products / automobiles, nor shall Droom have any obligations or liabilities in respect of such contract.
6. You release and indemnify Droom and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Droom cannot take responsibility or control the information provided by other Users, which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
7. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free. Droom does not charge any fee for browsing on the Website. However, Droom reserves the right to change its Fee Policy from time to time. In particular, Droom may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Droom reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Ringgit Malaysia. You shall be solely responsible for compliance of all applicable laws including those in Malaysia for making payments to Droom.
USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a.) Belongs to another person and to which You does not have any right to;
b.) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of applicable obscenity laws of Malaysia;
c.) Is misleading in any way;
d.) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e.) Harasses or advocates harassment of another person;
f.) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
g.) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h.) Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
i.) Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j.) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k.) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l.) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m.) Contains video, photographs, or images of another person (with a minor or an adult);
n.) Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
p.) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
q.) Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
s.) Harm minors in any way;
t.) Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
u.) Violates any law for the time being in force;
v.) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing immature;
w.) Impersonate another person;
x.) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programing routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
y.) Threatens the unity, integrity, defence, security or sovereignty of the country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
2. The User of this Website is required to ensure and undertakes that the information provided on this Website or any actions of the User(s) on this Website shall:
a.) not be false, inaccurate or misleading;
b.) not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
c.) not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
d.) not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity;
e.) not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means;
f.) not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website;
g.) not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms of Droom, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Droom or sellers on platform or otherwise tarnish or dilute any Droom's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Droom’s systems or networks, or any systems or networks connected to Droom;
h.) not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
i.) not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
k.) at all times ensure full compliance with the applicable laws (including but not limited to provisions of the Communications and Multimedia Act 1998, Communications and Multimedia Content Code) and rules made thereunder as applicable and as amended from time to time and also all applicable laws, legislations, statutes, enactments, rules and regulations applicable regarding Your use of Our service. You shall not engage in any transaction of an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
3. From time to time, You may provide reviews of automobiles on the Website which shall be visible to other Users. You shall not exaggerate or over emphasize the attributes of any such automobile reviewed so as to mislead other Users in any manner.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Droom views. In no event shall Droom assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
6. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
7. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
8. Droom shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CONTENTS POSTED ON WEBSITE:
A.) THIRD PARTY CONTENT:
B.) USER GENERATED CONTENT:
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Droom does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Droom will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Droom does not warrant that this Website, information, content, materials, product (including software) or Services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Services / products made available and sold on Website are governed by the applicable laws.
You will be required to enter correct and valid personal details such as Your name, address, phone number and other information as required for use of the Services on this Website. By registering Your details including but not limited to Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any new offers, information, news or other updates.
You / User hereby expressly agree and consent that by using this Website and by entering your personal details as required, You / User are providing Your unconditional consent in favour of Droom its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees in terms of Personal Data Protection Act, 2010, its applicable guidelines or any other law for the time being in force in Malaysia to transfer your personal data to a place outside Malaysia for the purposes of performance of the services provided through this Website.
TRADEMARK, COPYRIGHT AND RESTRICTION
This Website is controlled and operated by Droom Malaysia SDN BHD, Registration No: 201801033274 (1295301-V). All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
COMPLAINT ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY
Droom respects the intellectual property of others. In case You feel that Your intellectual property has been infringed, You can write to Droom at email@example.com or firstname.lastname@example.org
We request You to please provide the following information in Your complaint: -
a. Identification of the material on Our website that is claimed to be infringing or to be the subject of infringing activity.
b. Your address, telephone number and e-mail address.
c. A statement that You have a good-faith belief that use of the material in the manner complained of is not authorized.
LIMITATION OF LIABILITY
Please contact Us for any questions or comments (including all inquiries unrelated to intellectual property infringement) regarding this Website by electronic, telephonic or written communication on the addresses provided in the Contact Us section of this Website.
In case you have any grievances about the use of this Website / any of the policies for use / availing the services on the Website, you may contact the grievance officer appointed by us. The name and contact details of the Grievance Officer are provided below: