Terms of Service

The following terms and conditions govern all use of the paultan.org used-car classifieds at paultan.org/used-cars/ and all content, services and products available at or through it (the “Service”). The Service is owned and operated by Driven Communications Sdn Bhd (“Driven”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies (including, without limitation, Driven’s Privacy Notice and, for sellers, the Membership Agreement) that may be published from time to time (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. Seller accounts are available only to individuals who are at least 18 years old.

1. Your account and listings

If you create a seller account or publish a listing on the Service, you are fully responsible for all activities that occur under the account and any actions taken in connection with your listings. You must not describe your listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Driven may change or remove any details it considers inappropriate or unlawful, or otherwise likely to cause Driven liability. You must immediately notify Driven of any unauthorised use of your account or any other breach of security. Driven will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of sellers

If you post material to the Service (any such material, “Content”), you are entirely responsible for that Content and any harm resulting from it. By making Content available, you represent and warrant that:

• the Content and its use will not infringe the proprietary rights, including copyright, patent, trademark or trade secret rights, of any third party;
• the Content is accurate and not misleading — including the vehicle’s details, condition, ownership and photographs, which must be of the actual vehicle offered;
• you own the vehicle advertised or are authorised by its owner to sell it;
• the Content does not contain or install any viruses or other harmful or destructive content;
• the Content is not spam and is not machine-generated, and does not contain commercial content designed to drive traffic to third-party sites;
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; and
• your listing is not named or presented in a manner that misleads readers into thinking you are another person or company.

By submitting Content, you grant Driven a world-wide, royalty-free, non-exclusive licence to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting your listing, including on other websites, social platforms and advertising catalogues, and including enhanced (“studio”) versions of your photographs generated by Driven. Driven has the right (though not the obligation) to refuse or remove any Content that, in Driven’s reasonable opinion, violates any Driven policy or is in any way harmful or objectionable, or to terminate or deny access to the Service to any individual or entity for any reason. Refunds, where applicable, are handled per the Membership Agreement.

3. Responsibility of visitors

Driven reviews listings editorially before publication but has not reviewed, and cannot review, all material available through the Service, and cannot be responsible for that material’s content, use or effects. By operating the Service, Driven does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The sale and purchase of a vehicle is a transaction between buyer and seller only; Driven is not a party to it, does not handle payment between buyer and seller, and does not warrant any vehicle’s condition, history or title. You are responsible for inspecting a vehicle, verifying its documents and taking usual precautions before paying anything to a seller.

4. Content on other websites

Driven has not reviewed and cannot review the material made available through websites that the Service links to, or that link to the Service. Driven does not have any control over those websites and is not responsible for their contents or use. Linking does not imply endorsement. You are responsible for taking precautions to protect yourself from harmful content on third-party sites.

5. Copyright infringement

As Driven asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe material located on the Service violates your copyright, notify Driven at the contact details in the Privacy Notice. Driven will respond to all such notices, including as required or appropriate by removing the infringing material. Driven may terminate a repeat infringer’s access to the Service; in that case Driven has no obligation to refund amounts previously paid.

6. Intellectual property

This Agreement does not transfer from Driven to you any Driven or third-party intellectual property, and all right, title and interest in such property remains solely with Driven. Your use of the Service grants you no right or licence to reproduce or otherwise use any Driven or third-party trademarks. Listing data, editorial content, market-price data and imagery presented on the Service may not be scraped, reproduced or republished without Driven’s written consent.

7. Changes

Driven reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes. New features or services added to the Service are subject to this Agreement.

8. Termination

Driven may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your seller account, you may simply discontinue using the Service, or request account deletion at the contact details in the Privacy Notice. All provisions of this Agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Payments and refunds

Parts of the Service require payment (prepaid listing credits, per the Membership Agreement). In the event of a dispute over a payment made to Driven, you must file a request with Driven within 7 days of the payment date. Refund requests are reviewed case-by-case at Driven’s sole discretion, except where the Membership Agreement provides an automatic refund (a listing rejected in review, or recalled before review).

10. Disclaimer of warranties

The Service is provided “as is”. Driven and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Driven nor its suppliers and licensors makes any warranty that the Service will be error-free or that access will be continuous or uninterrupted.

11. Limitation of liability

In no event will Driven, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Driven under this Agreement during the twelve (12) month period prior to the cause of action. Driven shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General representation and warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Privacy Notice, this Agreement and all applicable laws and regulations, and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification

You agree to indemnify and hold harmless Driven, its contractors and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including legal fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

14. Miscellaneous

This Agreement constitutes the entire agreement between Driven and you concerning its subject matter, and may only be modified by a written amendment signed by an authorised executive of Driven, or by the posting by Driven of a revised version. This Agreement and any access to or use of the Service is governed by the laws of Malaysia. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement, in any one instance, will not waive such term or any subsequent breach of it. Driven may assign its rights under this Agreement without condition. This Agreement is binding upon and will inure to the benefit of the parties, their successors and permitted assigns.