Terms and Conditions

1. INTRODUCTION

1.1  Please read these terms of use (“Terms”) carefully before accessing and/or using the Services. These Terms govern your rights and obligations (whether as a guest or a registered user) regarding the access and/or use of D S AUTO’s Website and D S AUTO’s Services (as defined below). These Terms constitute a legally binding agreement between D S Auto Enterprise Sdn Bhd (Company No. 962591-H) (operating under the brand names “D S Auto Enterprise Sdn Bhd” and “D S AUTO”), the proprietor of all rights in and to the Services, and you, the user of the Services.

1.2  D S Auto Enterprise Sdn Bhd/D S AUTO is an online and offline service provider that provides customers with motor vehicle parts repair, motor vehicle parts installations service, vehicle diagnose service (“D S Auto Enterprise Sdn Bhd/D S AUTO’s Services”).

1.3  For D S Auto Enterprise Sdn Bhd/D S AUTO’s Services, D S Auto Enterprise Sdn Bhd/D S AUTO provides those services via its own technicians. On certain occasions where the demand for D S Auto Enterprise Sdn Bhd/D S AUTO Services is too high, D S Auto Enterprise/D S AUTO reserves the right to outsource D S Auto Enterprise Sdn Bhd/D S AUTO’s Services to independent third party contractors.

1.4  By accessing, browsing, downloading and/or using the Website and/or Services, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access and/or use of the Website and/or Services.

1.5  We may revise or update these Terms at any given time by posting a revised/an updated version on the Website. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Website and/or Services after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.

1.6  We may change or update the Website and/or Services and any information on the Platform and/or Services at any time without notice to you or liability to us. We reserves the right to suspend, discontinue, or restrict access to, the Website and/or Services temporarily or permanently at any time without notice to you or liability to us.

2. YOUR OBLIGATIONS

2.1  You must comply at all times with any instructions for use of the Website and/or Services which we make from time to time.

2.2  You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

2.3  You agree that you are solely responsible for:

  • All costs and expenses you may incur in relation to your use of the Website and/or Services; and
  • Keeping your credentials and other account details secure and confidential.

2.4  We seek to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us at service@dsauto.com.my, 03-7805 2020 or 03-7805 2236.

2.5  We may prevent or suspend your access to the Website and/or Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

  • Your breach of any of these Terms or any applicable law or regulation; or
  • Your dealing with any third party contractors, including your breach of any terms set by the third party contractors.

2.6  Any rights relating to the use of the Website and/or Services not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.

3. PRICE AND PAYMENTS

3.1  Price: All prices listed on the Website are in Malaysian Ringgit. The price of each Service as listed on the Website is merely an indicative price and is subject to change due to other additional factors such as the distance and time it takes for D S Auto Enterprise Sdn Bhd/D S AUTO’s technician/delivery team or third party contractor to reach your exact geographical location or some other extraneous or unexpected situations that may increase the cost of delivery of the Services or the product itself. D S Auto Enterprise Sdn Bhd/D S AUTO technician or the third party contractor will inform you of the actual price and obtain your agreement before providing the Services to you.

3.2  Response time: While we can provide an estimated time of arrival of D S Auto Enterprise Sdn Bhd/D S AUTO’s technician/delivery team or third party contractor to your exact geographical location, it is merely an estimated time and shall not be taken as a binding commitment from D S Auto Enterprise Sdn Bhd/D S AUTO or third party contractor as the response time would depend on a myriad of factors such as traffic situation, road accident, distance from D S Auto Enterprise Sdn Bhd/D S AUTO’s or third party contractor’s operating location to your exact geographical location and other conditions on the road. In any event, D S Auto Enterprise Sdn Bhd/D S AUTO or third party contractor will strive to reach your exact geographical location in the shortest possible time but will not be liable in the event D S Auto Enterprise Sdn Bhd/D S AUTO’s technician/delivery team or third party contractor reaches your location beyond the estimated time of arrival.

3.3  Services time: While we can provide an estimated time for Services provided by D S Auto Enterprise Sdn Bhd/D S AUTO’s technician or third party contractor on your motor vehicle, it is merely an estimated time and shall not be taken as a binding commitment from D S Auto Enterprise Sdn Bhd/D S AUTO or third party contractor as the response time would depend on a myriad of factors such as complexity of repair, scarcity of materials, availability of technician, traffic situation, road accident and other conditions on the road. In any event, D S Auto Enterprise Sdn Bhd/D S AUTO or third party contractor will strive to provide the Services in the shortest possible time but will not be liable in the event D S Auto Enterprise Sdn Bhd/D S AUTO’s technician or third party contractor completing the Services beyond the estimated time.

3.4  Payment methods: You may pay for the Services using cash, cheque or online bank transfer upon completion of each Service.

3.5  Taxes: If the Service is liable for taxes, you shall be responsible to pay for the taxes, in addition to the price for the Service.

3.6  Vouchers: We may from time to time provide vouchers for our customers as part of our promotional campaigns. The vouchers are not exchangeable, convertible or redeemable for cash.

3.7  Promotional offers or discounts: We may take promotional offers or discounts with different features and different rates to our customers from time to time in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Services.

3.8  Additional terms: When using the Website and/or Services, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to service@dsauto.com.my.

4. INTELLECTUAL PROPERTY

4.1  We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Website (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Website.

4.2  We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Website for your own personal and non-commercial use. All rights not expressly granted to you are reserved by us.

5. DISCLAIMERS

5.1  The information and materials on the Website are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.

5.2  Whilst we endeavour to make the Website (not the Services) available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

5.3  We warrant that the Services will be performed consistent with generally accepted industry standards. No specific result from provision of the Services is assured or guaranteed. Other than those expressly set forth herein, to the extent permitted by law, we hereby disclaim all warranties, express or implied, statutory or otherwise, including but not limited to implied warranties and the warranties of merchantability, fitness for a particular purpose, in respect of the Website and/or Services.

5.4  Product warranty from the vendor or manufacturer: We will transfer to you any product warranties and indemnities authorized by the vendor or manufacturer. We make no warranties of any kind concerning the product or any related documentation or services provided by the vendor, manufacturer or otherwise.

5.5  Alternative product: In the event that the product advertised on the Website is out of stock, we may recommend to you an alternative product as a replacement, the quality of which will be verified by our technician and informed to you before installation.

5.6  Not responsible for third party contractor: We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any third party contractor who provides the Outsourced Services to you. We make no warranties of the quality, suitability, safety or ability of the Outsourced Services.

5.7  Not a contracting party between yourself third party contractor: and We are not a party to any agreement, dealing or transaction entered into between you and the third party contractor, whether as a result, directly or indirectly, from using the Outsourced Services and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and the third party contractor.

6. EXCLUSION OF LIABILITY

6.1  Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were:

  • Not foreseeable to you and D S Auto Enterprise Sdn Bhd/D S AUTO when this contract was formed;
  • Not caused by any breach on D S Auto Enterprise Sdn Bhd/D S AUTO’s part, and
  • Indirect, exemplary, incidental or consequential loss (including loss of profit and loss of data), arising out of or in connection with the Website and/or Services.

6.2  To the extent our liability cannot be excluded but can be limited, our liability to you under or in connection with these Terms, or in connection with the Website and/or Services, or your access and use of (or inability to access or use) the Website and/or Services, shall not exceed RM 300.

6.3  We have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

7. LINKS TO OTHER WEBSITES

7.1  Links included within the Website may let you leave the Website and enter into other website(s) (“Linked Site(s)”). The Linked Sites are not under the control of D S Auto Enterprise Sdn Bhd/D S AUTO and D S Auto Enterprise Sdn Bhd/D S AUTO is not responsible nor shall it be liable for the contents of any Linked Sites or any links contained in a Linked Site or any changes or updates to such sites. You agree that your access to and/or use of such Linked Site is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

8. THIRD PARTY ADVERTISING

8.1  We may allow third party advertisers to place advertisements on the Website or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Website and/or Services, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should notify us in writing. We do not endorse and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.

9. GENERAL

9.1  If we need to contact you, we may do so by email, phone calls, online messaging platform or by posting a notice on the Website. Notice will be deemed given 24 hours after email is sent to your designated email address or notice is posted on the Website. You agree that this satisfies all legal requirements in relation to written communications.

9.2  These Terms and our Privacy Policy constitute the entire agreement between you and D S Auto Enterprise Sdn Bhd/D S AUTO and supersedes any prior agreements, arrangements, statements and understandings between D S Auto Enterprise Sdn Bhd/D S AUTO and you.

9.3  A waiver by D S Auto Enterprise Sdn Bhd/D S AUTO of any breach by you of any of the provisions of these Terms or the acquiescence of D S Auto Enterprise/D S AUTO to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such provision or of any subsequent act contrary thereto.

9.4  These Terms shall be governed by the laws of Malaysia and each party agrees to submit to the non-exclusive jurisdiction of the Courts of Malaysia.

9.5  For us to waive a right under these Terms, the waiver must be in writing.

9.6  If any part or provision of these terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.

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