RedBook Malaysia Terms and Conditions

RedBook is a website provided by The Red Book (Redbook Automotive Data Services (M) Sdn Bhd) and its related bodies corporate (RedBook) via the website redbookasiapacific.com/hk/ (RedBook Website). We are pleased to provide you with access to the RedBook Website, which forms part of a network of websites and related services owned or operated by CAR Group Limited (formerly carsales.com Limited) and its related bodies corporate (carsales Network) on these terms and conditions.

By accessing or using The Red Book Website, you agree to be bound by these terms and conditions of use (and any other terms and conditions and policies referred to in these terms and conditions) as amended from time to time.

1. About The RedBook Website

We publish or make available information on the RedBook Website, advertisements, product and service offers, Software and links, data and other content supplied by us and third parties (Material). We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any Material published on the RedBook Website or on any website that links from the RedBook Website including third party display advertisements.

2. Personal and Non Commercial Use Only

(a) Use of the RedBook Website is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use, you must not, without our prior written approval:

• modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
• use or attempt to use any Material published on the RedBook Website to create any website or publication or searchable database;
• mirror or frame any website or page within the RedBook Website;
• use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the RedBook Website or generate or compile any document, index or database based on the Material published on the RedBook Website;
• transfer or sell any information, functionality or products or services offered on the RedBook Website; or
• undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.

(b) If we consider, in our 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 our interests, then we may immediately terminate your right to access and use the RedBook Website at any time and we reserve our rights to take any action we deem necessary or desirable to prevent such repeated action and / or further access to the RedBook Website.

3. You are responsible for the use of the RedBook Website

(a) Whilst we take care to ensure that the Material on the RedBook Website is correct, current and free from errors, we do not warrant the accuracy or completeness of or the representations made in the Material on the RedBook Website or any website that links from the RedBook Website or any information received as a result of using the RedBook Website. 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 RedBook Website 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 us, our officers, representatives, employees and agents against any liability, loss, claim or demand if we (or any of its officers, representatives, employees or agents) suffer any loss or damage or incurs any cost in connection with a breach by you (or any of your officers, representatives, employees or agents) of these terms and conditions.

4. Goods and services provided by RedBook

If RedBook offers goods or services to you, including advertising any item for sale, the services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

5. Goods and services offered by third parties

If goods and services are offered on or through the RedBook Website or the carsales Network by third parties (sellers):

• vehicle prices may not include government and statutory charges;
• you are responsible for all relevant searches including, any written-off vehicle register or register of security interests;
• we do not act as any person's agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any person's goods or services; and
• we will not 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 any dispute between you and any person.

6. Our Liability 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 warranties in respect of any goods or services provided by us are HEREBY EXCLUDED.

(b) To the full extent permitted by the law, we will only be liable to you:

• pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of us is limited, at RedBook's option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; and
• subject always to subclause 6(d), if your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by RedBook.

(c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, we will not be liable to you for claims arising out of or in connection with your access and use of the RedBook Website and any related goods or services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;

(d) To the full extent permitted by law, we will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

(e) For the purposes of this clause and clause 3 above, the reference to "we", "us" or "our" will mean RedBook, its related bodies corporate and each of their officers, employees, contractors and agents, whether individually or collectively.

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

7. Copyright, Trademarks and Licence

(a) Material on the RedBook Website is © Redbook Automotive Data Services (M) Bhd Sdn and is protected by domestic and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by us. Unless otherwise indicated on the RedBook Website, the material on the RedBook Website is owned by or licensed to RedBook and is subject to copyright (the Copyright Material).

(b) You may:

• only copy or reproduce the Copyright Material for the purpose of browsing the RedBook Website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under local copyright laws; and
• not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) Nothing displayed on the RedBook Website should be construed as granting you any intellectual property rights including the right to use any trademark, without our (or the relevant owner's, if applicable) express written consent.

(d) We may provide you with the ability to communicate with RedBook and others through agreements, online forms, electronic requests and enquires, online forums, inbound phone number services and other forms of electronic messaging on the RedBook Website (Communications Services). In consideration for us allowing you to access and use the RedBook Website you grant to us a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-license the same for such purposes as RedBook determines from time to time (subject to the RedBook Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify us, our officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive and consent to any infringement by us of any moral rights you may have in relation to the material.

8. Software Services

(a) Any software, including HTML code, that is made available to download from the RedBook Website (Software) is owned by us and/or our 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, we grant you a personal, non-transferable license to use the Software for viewing and otherwise using the RedBook Website in accordance with these terms and conditions, and for no other purpose. You must not:

• copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
• 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;
• introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
• sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

9. RedBook Data

RedBook has prepared data and valuations from information gathered from a variety of sources that may be displayed on the carsales Network. Whilst all care is taken in producing the data and valuations, RedBook does not and cannot guarantee or make any representations regarding the use of, or reliance, on it. RedBook is not responsible for all the information provided to it and you should not rely on the data or valuations without making your own independent assessment of the vehicle and other sources of information. RedBook is not liable for any loss or damages (other than in respect of any liability which may not lawfully be excluded) relating to your use of, or reliance on, this valuation and data.

10. The Service and Your Privacy

By using the RedBook Website, you agree to the RedBook Privacy Policy (see further details below) which sets out how we collect, use and disclose your personal information.

11. What Law Governs these Terms and Conditions

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

12. We May Change These Terms and Conditions

(a) We may at any time and, in our absolute discretion modify, or amend these terms and conditions and any other terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and publishing them on the RedBook Website. Such modifications will be binding on you once displayed on this website. You should regularly check the terms and conditions displayed on this website.

(b) We may cease to provide you with access to the RedBook Website or any of our services without notice.

(c) All rights not expressly granted are reserved.

Contact us

If you have a question, problem or complaint or need to contact us:

Office: A10-5, Northpoint Offices, Mid Valley City, No.1, Medan Syed Putra, Utara, 59200 Kuala Lumpur
Telephone: +60 (3) 2282 4599
Email: infomy@redbookasiapacific.com

Personal Information Collection Statement

The primary purpose for which we collect your personal information is to provide you with the services you have requested. You agree we may use and disclose your personal information and other data for this purpose and also for secondary purposes, including to personalise your user experience and to promote RedBook and third party products and services to you. RedBook's Privacy Policy (which is available here) explains how we collect, use and disclose your personal information, the extent to which your personal information may be disclosed to overseas recipients and how to access, correct or complain about the handling of your personal information.

Privacy Policy

RedBook's Privacy Policy (Privacy Policy) can be accessed here. The Privacy Policy sets out how Auto Information Limited and its related group companies within the carsales Network collect, use, disclose and manage your personal information.

If through using the RedBook Website, another carsales Network website or our services you disclose personal information to a third party website, the Privacy Policy will not apply as between you and the third party and you will be subject to the privacy policy of that third party.

By accessing or using RedBook services, you agree to the collection, use and disclosure of your personal information in the manner described in the Privacy Policy.

If you have a problem, complaint, want to update your personal information or just wish to enquire about privacy, please contact us:

Office: A10-5, Northpoint Offices, Mid Valley City, No.1, Medan Syed Putra, Utara, 59200 Kuala Lumpur
Telephone: +60 (3) 2282 4599
Email: infomy@redbookasiapacific.com