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TERMS OF USE

Terms of Use

Trade My Superbike.com is pleased to provide you with access to the network of websites and relatedservices owned or operated by Cycle World Malaysia and its related bodies corporate (On The Road Publications) including, but not limited to www.trademysuperbike.com.my , and the TradeMy Superbike vehicle  search engine wherever distributed on the internet (the "Trade My Superbike Network")on these terms and conditions.
By accessing or using the Trade My SuperbikeNetwork you agree to be bound by these terms and conditions of use (and theother terms and conditions and policies referred to in these terms andconditions and any other notices on the Trade My Superbike Network) as amendedfrom time to time.


1.     About the Trade My Superbike Network

(a) Trade My Superbike publishes or makes available on the Trade My Superbike Network information,advertisements, product and service offers, vehicle data, valuations, Softwareand links and other content supplied by Trade My Superbike and third parties(Material). Trade My Superbike does not warrant, represent, authorise orendorse the reliability, accuracy or completeness of any such Material published on the Trade My Superbike Network or on any web site that links from the Trade My Superbike Network. (including third party display advertisements).



(b) TradeMy Superbike does not provide any warranty in relation to any goods or servicesadvertised for sale on the Trade My Superbike Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.


2.     Personal and Non Commercial Use Only

(a) Use of the Trade My Superbike Network is for your personal and non-commercial useonly. Except for the Material held in your computers cache or a singlepermanent copy of the Material for your personal use you must not without the prior written approval of Trade My Superbike :


i. modify, copy, distribute,transmit, display, perform, reproduce, publish or license any Material;

ii. use or attempt to use anyMaterial published on the Trade My Superbike Network to create any web site or publicity on or searchable database;

iii. mirror or frame any website or page within the Trade My Superbike Network;

iv. use any automated processof any sort to query, access, retrieve, scrape, data-mine or copy any Materialon the Trade My Superbike Network or generate or compile any document, index ordatabase based on the Material published on the Trade My Superbike Network;

v. transfer or sell anyinformation, functionality or products or services offered on the Trade MySuperbike Network; or

vi. undertake any other actionwhich is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or anyapplicable law.

(b) If TradeMy Superbike considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate)has acted contrary to these Terms and Conditions or in a manner contrary to TradeMy Superbike’ interests, then Trade My Superbike may immediately terminate your right to access and use the Trade My Superbike Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Trade My Superbike Network.

3.     You are Responsible forthe use of the Trade My Superbike Network

(a)   Whilst Trade My Superbike takes care to ensure that the Material on theTrade My Superbike Network is correct, current and free from errors, Trade MySuperbike does not warrant the accuracy or completeness of or the representations made in the Material on the Trade My Superbike Network or any web site that links from the Trade My Superbike Network or any information received as a result of using the Trade My Superbike Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.


(b) The services and Material made available on the Trade My Superbike Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice;may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.

(c) You agree to indemnify Trade My Superbike against any liability, loss, claim ordemand if Trade My Superbike (or any of its officers, representatives,employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives,employees or agents) of these terms and conditions.

(d) You must keep your username and password to access the Trade My Superbike Network secure and confidential and not provide those details to any third party underany circumstance. You represent and warrant to Trade My Superbike that you accept all liability for any unauthorised use of any username and passwordissued to you.

4.     Goods and ServicesProvided By Trade My Superbike

If Trade My Superbike offers goods or services to you, including advertising any itemfor sale on the Trade My Superbike Network, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, theadditional terms will prevail to the extent of the inconsistency.


5.     Goods and ServicesProvided By Third Parties

(a)   If goods and services are offered on or through the Trade My Superbike Network by third parties (sellers):


i.  vehicle prices excludegovernment and statutory charges (unless otherwise stated);

ii. You are responsible formaking all relevant searches, enquiries and investigations in relation to any listed vehicle including, any written off vehicle register or register of security interests (including the Personal Property Securities Register or otherwise);

iii. Trade My Superbike doesnot act as any persons agent or broker; arrange any contract between you andany person or; provide any warranty in relation to any persons goods orservices;

iv. Trade My Superbike willnot be responsible for the terms of any transaction between you and any person;any goods or services purchased by you from any person or; resolving anydispute between you and any person.

 

(b)   Trade My Superbike may augment information supplied by sellers. Thisinformation is supplied by third parties and in the case of motor vehicles isbased on model and year. Whilst Trade My Superbike requests sellers check thisinformation, it may be possible for information to be inaccurate. Trade MySuperbike strongly recommends that you check with the seller that allinformation in relation to their goods and service is accurate.

 

6.     Trade My SuperbikeLiability to You is Limited

(a) Other than as set out in this clause, and to the full extent permitted by law,all rights, remedies, conditions, guarantees and implied and express warrantiesin respect of any goods or services provided by Trade My Superbike are HEREBYEXCLUDED.



 

(b)  Tothe full extent permitted by the law, Trade My Superbike will only be liable toyou:


i. pursuant to any guarantee,right or contractual term that arises, is created or is implied by operation oflaw and that cannot be excluded PROVIDED THAT, to the full extent permitted bylaw, any such liability of Trade My Superbike is limited, at Trade My Superbike’option, to (A) replacing or repairing the relevant goods, (B) supplying goodsequivalent to the relevant goods, (C) supplying the relevant services again or(D) paying the cost of such replacement, repairs or supply;

ii. subject always tosubclause 6(d), if Your claim arises from or in connection with any deliberatebreach of these terms and conditions or fraud by Trade My Superbike.

 

(c) Subject to subclause 6(b), and except to the extent that liability cannot beexcluded,

Trade My Superbike, will not be liable to you:


forclaims arising out of or in connection with your access and use of the Trade MySuperbike Network and related services whether arising in contract, tort(including negligence), indemnity, strict liability, breach of warranty orstatute;

 

(d) Tothe full extent permitted by law, Trade My Superbike will not be liable to youfor loss of use, production, profit, revenue, business, data, contractoranticipated savings or for delay or for any financing costs or increase inoperating costs or any economic loss for any indirect or consequential loss ordamage.

(e) For the purposes of this section, the term Trade My Superbike willmean Trade My Superbike, its officers, employees, contractors and agents,whether individually or collectively.

(f) These terms and conditions willsurvive the expiration or termination of this agreement.


 

7.     Copyright, Trademarks andLicence

a) Material on the Trade My Superbike Network is © Cycle World Malaysia Limitedand is protected by Malaysian copyright and intellectual property laws. Allrights not expressly granted under these terms and conditions are reserved by TradeMy Superbike. Unless otherwise indicated on the Trade My Superbike Network, thematerial on the Trade My Superbike Network is owned by or licensed to Trade MySuperbike and is subject to copyright (the "Copyright Material").



 

(b) You may:


i. only copy or reproduce theCopyright Material for the purpose of browsing the Trade My Superbike Networkor making a copy for your own personal, private or research use, provided thatsuch use constitutes fair use under the Copyright Act;

ii.  not alter or modify theCopyright Material in any way or remove any legal notice associated with it.

(c) trademysuperbike.comand other names of Trade My Superbike product and/or services referenced hereinare trademarks or registered trademarks of Cycle World Malaysia. Other productand company names mentioned on the Trade My Superbike Network may be thetrademarks of their respective owners. Nothing displayed on the Trade MySuperbike Network should be construed as granting you any intellectual propertyrights including the right to use any trademark, without Trade My Superbike’(or the relevant owner’s, if applicable) express written consent.



 

(d) Inconsideration of Trade My Superbike allowing you to access and use the Trade MySuperbike Network you grant to Trade My Superbike a non exclusive, paymentfree, perpetual, irrevocable licence to reproduce, modify, delete, adapt andpublish any material you post, upload or otherwise transmit via CommunicationsServices and to sub-licence the same for such purposes as Trade My Superbikedetermines from time to time (subject to the Trade My Superbike PrivacyPolicy). You warrant that: you have all necessary rights in the content thatyou contribute, the content is not defamatory, that it does not infringe anylaw and you indemnify Trade My Superbike, its officers, agents and contractorsagainst any liability, loss, claim or demand arising out of or in respect of abreach of that warranty. You waive any moral rights you may have in relation tothe material.


 

8.     Membership to the Trade My Superbike Network

(a)  If you choose to become a member of the Trade My Superbike Network, additionalproducts and services may be made available to you.



(b)  By becoming a Trade My Superbike member, you agree to receive electroniccommunications from Trade My Superbike about its products and services. 



(c)   If you choose to utilise membership products and services, you agree toabide by any additional terms and conditions of those specific products and /or services. 


 

9.     Communications Services

(a) TradeMy Superbike may provide you with the ability to communicate with Trade MySuperbike, the Trade My Superbike Network, Sellers, advertisers and users of the Trade My Superbike Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging(Communications Services).



 

(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may becollected, stored and scanned by Trade My Superbike.  You should not however, consider Communication Services to have been reviewed, screened, or approved by Trade My Superbike.



 

(c) Use of the Communications Services is provided on condition that You do not do any of the following:


i.   transmit any information or material which is knowingly incorrect, misleading or deceptive;

ii. transmit any defamatory,infringing, obscene, indecent or unlawful information or material or information;

iii. transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;

iv. use the Communications Services for any unlawful purpose;

v. post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.

vi. upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of Trade My Superbike Network’s infrastructure;

vii. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

viii.  advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Trade My Superbike.

ix. download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.

x.  excessively use the Communications Services in a manner which may hinder or prevent Trade My Superbike from providing services to any other persons or which may threaten the integrity or use by any person of the Trade My Superbike Network;

xi. authorise, aid, abet encourage or incite any person to do any of the above acts.

 

(d)   Trade My Superbike may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit,refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.


 

10.     Software Services

(a) Any software, including HTML code and ActiveX controls, that is made available to download from the Trade My Superbike Network ("Software") is owned by Trade My Superbike and/or its suppliers.



 

(b)Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software("License Agreement"). You must agree to the terms of the License Agreement before using the Software.



 

(c) If there is no License Agreement, Trade My Superbike grants you a personal,non-transferable license to use the Software for viewing and otherwise using the Trade My Superbike Network in accordance with these terms and conditions,and for no other purpose. You must not:


i.   copy, reproduce,translate, adapt, vary or modify in whole or in part or the Software;

ii.  reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;

iii.  introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or

iv.  sub-license, rent, lease,lend or grant to any person any rights to use the Software other than as setout in this paragraph.

 

11.     Trade My Superbike and Your Privacy

By using the Trade My Superbike Network, you agree to the Trade My Superbike Privacy Policy which sets out how Trade My Superbike collects, uses and discloses your personal information.


 

12.     Specific Terms



(a) Private Sellers
To read Trade MySuperbike Private Seller Terms and Conditions click here.If you choose to sell an item using the Trade My Superbike Network you must agree to the Trade My Superbike Private Seller Terms and Conditions. 



(b)  Trade My Superbike Network Privacy Protect 
To view Trade My Superbike Network Privacy Protect Terms and Conditions click here.

(c) Competitions
To read Trade My Superbike Competition Terms and Conditions click here.

(d) Email a friend
Where Trade My Superbike allows you to email a friend:


you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Trade My Superbike, its officers,representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.

 

13.     What Law Governs theseTerms and Conditions

This Agreement is governed by and construed in accordance with the laws of the Malaysia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.


 

14.     Trade My Superbike May Change These Terms and Conditions

(a) TradeMy Superbike may at any time and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and and publishing them on the Trade My Superbike Network. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.



 

(b)   Trade My Superbike may cease to provide you with access to the Trade My Superbike Network or any of its services without notice.

(c) All rights not expressly granted are reserved.


 

15.     Contact Trade My Superbike 
If you have a question, problem or complaint or need to contact us:

 

Address:

A-2-01, Block A, Taipan Damansara 2,
Jalan PJU 1A/3, Ara Damansara, 47301 Petaling Jaya,
Selangor Darul Ehsan

Phone:

+60 (03) 7842 6743

Email - questions:

Contact form

 

 

Updated: 2nd December 2014