Terms and Conditions

Last Updated: 01/10/2025

1. Acceptance of Terms

Welcome to Kereta CRM ("Platform," "Service," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our car dealership management platform and services in Malaysia.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Eligibility

To use our Platform, you must:

  • Be at least 18 years of age
  • Be legally authorized to conduct business in Malaysia
  • Have the authority to enter into these Terms
  • Comply with all applicable laws and regulations
  • Provide accurate and complete registration information

3. Account Registration and Security

3.1 Account Creation

To use our services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your password
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Ensuring your account information remains current and accurate

4. Services Provided

Our Platform provides sales advisors with tools to:

  • Create and manage vehicle listings
  • Upload and display vehicle images publicly
  • Manage customer relationships and leads
  • Process transactions and subscriptions
  • Access analytics and reporting tools
  • Communicate with potential buyers

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

5. Content Upload and Public Display

5.1 Public Content

Important: All images and media files you upload to the Platform will be publicly accessible to website visitors and potential buyers. By uploading content, you:

  • Acknowledge that uploaded content will be publicly displayed
  • Accept that content may be viewed, downloaded, and indexed by search engines
  • Understand that once public, content may be difficult to completely remove from the internet
  • Take full responsibility for the content you upload

5.2 Content Ownership and License

You retain ownership of all content you upload. By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your content for the purpose of providing our services.

5.3 Content Standards

You agree that all uploaded content must:

  • Be accurate and not misleading
  • Not infringe on any third-party rights (copyright, trademark, privacy)
  • Not contain illegal, harmful, or offensive material
  • Comply with all applicable Malaysian laws and regulations
  • Not contain malware, viruses, or malicious code

6. Prohibited Activities

You agree not to:

  • Use the Platform for any illegal purpose
  • Upload false, misleading, or fraudulent vehicle listings
  • Violate any laws regarding consumer protection or automotive sales
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Platform's operation
  • Use automated systems to scrape or collect data
  • Impersonate another person or entity
  • Transmit spam or unsolicited communications
  • Upload copyrighted material without permission
  • Engage in price fixing or anti-competitive practices

7. Subscriptions and Payments

7.1 Subscription Plans

We offer various subscription plans with different features and pricing. Subscription fees are billed in advance on a recurring basis.

7.2 Payment Terms

  • All fees are in Malaysian Ringgit (MYR) unless otherwise stated
  • Payments are processed through secure third-party payment processors
  • You authorize us to charge your payment method on recurring basis
  • Failed payments may result in service suspension
  • All fees are non-refundable unless required by law

7.3 Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation, you will continue to have access until the end of your current billing period. No refunds will be provided for partial subscription periods.

8. Intellectual Property Rights

The Platform, including its design, features, and functionality, is owned by us and protected by Malaysian and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our services without our express written permission.

9. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which complies with the Personal Data Protection Act 2010 (PDPA) of Malaysia. Please review our Privacy Policy to understand our data practices.

10. Disclaimers and Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties that the service will be uninterrupted or error-free
  • Warranties regarding the accuracy of vehicle listings or user content

We do not guarantee any specific results from using our Platform. You use the service at your own risk.

11. Limitation of Liability

To the fullest extent permitted by Malaysian law, we shall not be liable for:

  • Any indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from user content or vehicle listings
  • Damages resulting from unauthorized access to your account
  • Damages from service interruptions or data loss

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kereta CRM, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Content you upload or post
  • Your vehicle listings or sales activities
  • Infringement of third-party rights

13. Termination

We may suspend or terminate your account immediately, without prior notice, if you:

  • Breach these Terms
  • Engage in fraudulent or illegal activities
  • Fail to pay subscription fees
  • Pose a security risk to the Platform

Upon termination, your right to use the Platform will immediately cease. We may delete your account and content without liability.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Malaysia.

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Before initiating legal proceedings, parties agree to attempt resolution through good faith negotiations.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by email or through the Platform. Your continued use after such changes constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kereta CRM regarding the use of our Platform.

18. Contact Information

If you have questions about these Terms, please contact us:

Kereta CRM

Email: [email protected]

Address: 5-2, Jalan Dataran Jade 7, Jade Hills, 43000 Kajang, Selangor

Phone: +60 18 - 3990 314

Acknowledgment

By using Kereta CRM, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.