Last Updated : 28 April 2017
Carfix Mobile Apps Terms and Conditions by OneWorks Sdn. Bhd. [Company No. 223528-T]
1. Introduction
Welcome to Carfix’s mobile application (hereinafter known as “Carfix“). This Carfix is published by or on behalf of OneWorks Sdn. Bhd. (“OneWorks” or “We” or “Us“) a company registered in Malaysia under Company Number 223528-T whose registered office is at 19-2, Jalan 1/116B, Kuchai Entrepreneurs' Park, 58200, Kuala Lumpur, Malaysia.
2. Accepting Carfix’s Terms and Conditions
2.1 By accessing, browsing, downloading and/or using Carfix (whether as a guest or a registered user), and to enjoy the related outsourced services which include fuel delivery services, tyre change services, towing services, jump start services, battery change services and foreman services (hereinafter referred to as “the Outsourced Services”), you irrevocably agree to be bound by the following terms and conditions (“Terms“) and our privacy policy.
2.2 If you have any queries about Carfix or these Terms, you can contact Us as set out in the paragraph below. If you do not agree with these Terms, you should discontinue your access and/or use of Carfix immediately.
3. Adapting Carfix’s Terms and Conditions
3.1 These Terms (as amended from time to time) constitute the entire legally binding agreement between you and OneWorks concerning your use of Carfix.
3.2 OneWorks reserves the right to revise or update these Terms from time to time. If we do so, the revised or updated version will be effective immediately, and the current Terms are available through a link in Carfixto this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the revised or updated Terms upon your continued use of Carfix.
3.3 Continuing to use Carfix after the Terms have been changed will imply that you have irrevocably accepted the updated version.
3.4 You have the option at any time not to start or continue to use Carfix if you do not accept the terms in the version in force when it is used.
4. Intellectual property
4.1 As long as you respect the Terms, OneWorks grants you a non-exclusive, non-transferable, non-assignable but personal and revocable limited licence to access and use Carfix.
4.2 All proprietary and intellectual property rights relating to Carfix and its content, as well as its functionalities-
(a) are the exclusive property of OneWorks (particularly intellectual rights connected to its design as well as its development, source code, copyright and trademarks, hereinafter referred to as the “Intellectual Rights”),
(b) are protected by the applicable international and national legal provisions, and
(c) are under no circumstances transferred in full or in part within the context of the licence to use Carfix.
4.3 By using Carfix, you undertake to respect OneWorks’s Intellectual Rights, as well as those generally owned by anybody else, including in particular, not to copy, forward, download or share content without obtaining the necessary rights to do so.
4.4 If one or more points in this paragraph are breached, OneWorks will be entitled to remove the content/s in question and suspend or cancel your licence to use Carfix without notice or liability to Us.
4.5 Any suggestion that you pass on to OneWorks to adapt or improve Carfix may be used by Us free of charge, irrevocably and without any conditions.
5. Suspension and cancellation
5.1 OneWorks can adapt and add to the functionalities of Carfix or remove some of them without the need to inform you of this in advance or liability to Us whatsoever.
5.2 You can stop using Carfix when you choose, without any right to receive a refund of any value whatsoever.
5.3 OneWorks can at any time, without the need to give a reason, notice or compensation, suspend your ability to use Carfix, or withdraw the option completely, including in particular if Carfix is no longer available on the market, if the terms are not respected, or if use of Carfix may be disrupted for you or one or more other users, or cause damage to OneWorks or to a third party.
5.4 The suspension or cancellation of the licence to use Carfix will mean that you will no longer have any access to your data, without you having any recourse against OneWorks.
6. Your responsibility
6.1 You are responsible for the information that you pass on to OneWorks with a view to them granting you a licence to use Carfix. You confirm that it is correct, true, current and complete as well as you undertake to pass on any modifications to Us.
6.2 You are fully and exclusively responsible, without any recourse against OneWorks, for using Carfix and any consequences of that use.
6.3 Specifically, you are responsible for the confidentiality of any codes and passwords allowing you to use Carfix, and access to your information as well as this use and this access by any third party, whether or not they are authorized by you. In particular, you undertake –
(a) not to abuse your use of Carfix,
(b) not to disrupt or interrupt use of Carfix by one or more users,
(c) not to make Carfix available to third parties via unauthorized distribution channels,
(d) not to use Carfix if you are below the permissible driving age as prescribed by law,
(e) not to publish or share content that is obscene, pornographic or that incites sectarianism or religious, racial or ethical hatred,
(f) not to break the law in any way, including in particular by storing, publishing or sharing content that is fraudulent, defamatory, deceptive or infringes other people’s privacy or rights.
6.4 If the licence to use Carfix has been granted by OneWorks to your employer, the latter may at any time have access to your information and suspend or withdraw your ability to use it.
7. OneWorks’s responsibilities
7.1 OneWorks is under no circumstances responsible for use of Carfix by the users, whether that is you or third parties to whom you have voluntarily or involuntarily given access to your information, or for the consequences of this for each of them and for third parties.
7.2 If the Carfix relates to a publication or an exchange of information or content between users, OneWorks will under no circumstances be responsible for the content published and shared, which it is not bound to control.
7.3 Carfix is made available to users at the current stage of its development.
7.4 OneWorks does not offer any guarantee relating to Carfix. Specifically, without this list being exhaustive, it does not guarantee that Carfix does not contain any programming or other errors, that it meets all the expectations of every user, that it will not be the subject of any malfunctions, that use will never be interrupted or not possible, that it can be used in any location, that there will be no loss of content or any other information, that it is suitable for a particular use or that there will never be any problem transferring or saving data.
7.5 As a result of this, neither OneWorks nor any of its employees, subcontractors, suppliers or distributors, will have to provide any compensation to anybody (whether or not they are users) if there is any direct or indirect damages (e.g. damages for loss of earnings or profit) resulting in particular from one of the circumstances described in the previous subparagraph.
8. Link To Third Parties
Carfix may contain links to websites operated by third parties (“Third Party Websites“). OneWorks may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, OneWorks does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
9. Communication
9.1 You agree that OneWorks can contact you by any means, whether electronic or not, with information about Carfix or other products developed or marketed by them and, to this end, you undertake to keep your contact details up-to-date.
9.2 If you would like to stop receiving these messages at a later date, all you need to do is inform OneWorks by sending a message to info@carfix.my.
10. Disclaimer/Liability
10.1 Use of Carfix is at your own risk.
10.2 The information, materials and/or Outsourced Services made available on Carfix are provided on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
10.3 To the maximum extent permitted by law: (A) OneWorks disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to Carfix; and (B) All implied warranties, terms and conditions relating to Carfix (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or conditions as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between OneWorks and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or Carfix; or any damage or injury to users or their equipment as a result of or relating to their use of Carfix. Your statutory rights are not affected.
10.4 OneWorks will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with Carfix, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
11. Applicable law and disputes
Any dispute between OneWorks and you will be referred to the exclusive jurisdiction of the Courts in Malaysia.
12. Miscellaneous
12.1 You cannot transfer to anybody else the rights and responsibilities resulting from the licence to use Carfix, which is granted to you by Us.
12.2 If we do not call for the application of one or more clauses of these Terms, this cannot be interpreted as our relinquishment of the right to demand that it is applied.
13. Contact
If you have any question about the agreement between us after OneWorks has granted you the licence to use the App and you have accepted these general terms and conditions, you can get in touch by email, by sending a message to info@carfix.my.