Terms & Conditions of Use

The terms and conditions set out herein below govern the use of SAG Online Sdn Bhd's services offered and available on the website sagbid.com and all related sub-sites ('the Site'). The User is advised to read them carefully as they affect the User's rights and liabilities under the law.

By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement ('the Agreement'), as well as those terms and conditions incorporated by reference and/or implication.

The Company may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site. If the User continues to use the Site and/or services provided by the Company on the Site ('the Services') after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.

The services herein are offered by the Company which has its registered office at 1130953 – M .

The User

The User may either be an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Sites, as well as any person posting any advertisement and listing of any vehicle/ goods/ services for sale on the Site, and the expression “Users” shall mean more than one User.

'Individual' - The Services are available only to individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under Malaysian law.

'Corporate Entity' - The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.

Responsibilities of the User

The User is personally responsible for his/her use of the Site and/or Services.

The User uses the Site and/or the Services at his/her own risk.

The User shall use the Services in accordance with all laws at the time being in force in Malaysia.

The User shall not list and/or advertise any item on the Site for sale and/or also shall not provide and/or cause to be provided information which:

  1. infringes any intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party, or contents that the User does not have a right to make available under any law or under contractual or fiduciary relationships;
  2. otherwise causes any damage or loss to any person including but not limited to a product that contains a defamatory statement;
  3. violates, or is illegal under any applicable law, statute, ordinance or regulation;
  4. is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another's privacy, or is harmful to any persons in any way;
  5. is pornographic or depicts a human being engaged in any sexual conduct;
  6. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of political affiliation, religion, gender, sexual orientation, race, ethnicity, age, or disability;
  7. impersonates any person or entity, including, but not limited to, SAG Online Sdn Bhd’s employee(s), or falsely states or otherwise misrepresents the User’s affiliation with a person or entity;
  8. includes personal or identifying information about another person without that person's explicit written consent;
  9. is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
  10. constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  11. constitutes or contains any forms of advertising or solicitation if:
  12. posted in areas of the Site which are not designated for such purposes; or
  13. emailed to Users who have requested not to be contacted about other services, products or commercial interests.
  14. includes links to commercial services or websites, except as allowed in Rules of Advertising;
  15. advertises any illegal services or the sale of any vehicle/ goods/ services the sale of which is prohibited or restricted by applicable law, including without limitation such vehicles/ goods/ services, the sale of which is prohibited or regulated by Malaysian law;
  16. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  17. disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Sites, or that otherwise negatively affects other users' ability to use the Site; or
  18. creates liability for SAG Online Sdn Bhd or causes SAG Online Sdn Bhd to lose, in whole or in part, the services of its Internet Service Providers or other suppliers; or
  19. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of contents transmitted through the Sites.

Additionally, the User agrees not to:

  1. contact anyone who has asked not to be contacted;
  2. stalk or harass anyone;
  3. collect personal information about other Users for commercial or unlawful purposes;
  4. use automated means, including spiders, robots, crawlers, data mining tools, or the like;
  5. copy or reproduce by any means any content on the Sites - unless expressly permitted by sagbid.com;
  6. post non-local or otherwise irrelevant contents, repeatedly post the same or similar contents or otherwise impose an unreasonable or disproportionately large load on the Sites’ infrastructure; or
  7. attempt to gain unauthorized access to sagbid.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Sites.

SAG Online Sdn Bhd reserves the right to remove any listing that it deems in violation of the above, at its sole discretion.

The User shall comply with sagbid.com’s Rules of Advertising.

The User is solely responsible for the accuracy of the information provided on the Sites.

INTELLECTUAL PROPERTY

Copyright


All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site ("Content") are works protected under the Malaysian Copyright Act 1987.

Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-

  • modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
  • transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.


No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User's personal use only. The User further agrees that he or she will not infringe the Company's copyright by any method or manner now known or as may exist in the future.

The User hereby agrees to assign absolutely to the Company all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs ('the Assigned Works').

The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Company from any claims by any third party arising from the ownership of the Assigned Works or marks.

All photographs used in any listings and advertisements and posted on the Site will be endorsed with the Company's watermark seal (the "Watermark"). The Watermark shall not at any time be removed, altered or tampered with.

The Company takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Company aggressively enforces its intellectual property rights to the fullest extent of the law.

Domain Name
The domain name on which the Site is hosted on is the sole property of the Company and you may not use or otherwise adopt a similar name for your own use.

Trademark
sagbid.com and its logos are trademarks or registered trademarks of the Company.

Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.

CONTENT USE CONDITIONS
All information, materials, functions and other content ("Content") on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Company.

The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the:-

  • Services; or
  • Site

Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Company.

You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Company in writing.

Cookies

This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for both Internet Explorer and Mozilla browsers. Please refer to your browser's Help for more information about enabling cookies.

A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.

Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.

Privacy

The Company collects information about its Users ('User Information') during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.

All User activities are logged. When the User requests pages from the Company's servers, it automatically collects information about the User's preferences, including the User's Internet Protocol address.

The Company uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

The Company uses cookies so that the User does not have to enter his or her login information each time they visit the Site.

Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User.

If the User is an individual, information regarding the handling of the User's personal information by the Company is set out in our Privacy Policy.

Termination and Suspension

The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement.

No Warranty

The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company's control and the Company shall not be liable for any loss, liability or damage which the User may incur as a result.

The Site and the Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

The User acknowledges and agrees that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.

The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User's own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.

Links To Third Party Websites

The Site may contain links and/or references to other websites ('Third Party Websites').

The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.

Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.

Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.

In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.

Exclusion of Liabilities

To the full extent allowed by applicable law, in no event shall the Company, its parent company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:-

  1. any punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to this Agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
  2. other Users' content, actions or inactions, or vehicles/ goods/ services that the other Users list; or
  3. the quality, safety, suitability or legality of vehicles/ goods/ services advertised, the truth or accuracy of Users' content or listings, the ability of sellers to sell such vehicles/ goods/ services, the ability of buyers to pay for such vehicles/ goods/ services, or that a buyer or seller will actually complete a transaction; or
  4. any loss of goodwill or reputation; or
  5. any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
  6. any liability at common law; or
  7. any bugs, viruses, trojan horses, attack, interference, hacking, or other security intrusion or the like which may be transmitted to or through the Site or by any third party; or
  8. in any other way.

The Company is not involved in the actual transaction between buyers and sellers. The Company does not transfer legal ownership of vehicles/ goods/ services from the seller to the buyer, and nothing in this Agreement shall modify the local jurisdiction, under which legal ownership of an item is transferred when the parties (i.e., seller and buyer) intend to transfer such legal ownership.

The Company cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of The Company’s control.

For avoidance of doubt, The Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

Indemnity

The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.

Release


In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

Governing Laws


This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.

General Provisions


Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.

Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.

Words importing one gender shall include any other gender unless stated otherwise.

Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

Variation of the User Agreement

We may revise the Terms from time to time; the most current version can always be found here / the Site. We recommend Users to review the Terms periodically to be aware of such modifications. By continuing to access or use the Services after those revisions / modifications become effective, Users agree to be bound by the revised Terms of this Agreement.

Disclaimer

We have the right to remove, edit, limit or block access to any of your content at any time and we have no obligation to display or review your content.

Terms When Bidding Online and Withdrawal Right of User

  1. Each interested User has to purchase a token or tokens to participate in the bidding of purchase of cars online on sagbid.com website.
  2. Each token is RM500 and shall be payable online and a single token can only be used to make a single bid.
  3. If the bidder has bidden the highest price and declared as the successful bidder, he/she will be informed within 2 working days of his successful bidding via sms and email with a notice to pay the bid price within a specific date.
  4. However, if the successful bidder fails to pay the bid price by the specified due date, SAG Online Sdn Bhd may terminate the sales contract for the bid without any notice and shall forfeit the deposit paid through the token, and thereafter the SAG Online Sdn Bhd reserves the right to deal with the car in which ever way they want including the right to sell again online.
  5. However, if the bidder is unsuccessful in the bidding, the token used in the bidding is returned into the User’s account for rebidding with and option given to the User to withdraw his bidding token by notification whereby SAG Online Sdn Bhd shall refund the token sum into the specified bank account of the user.
  6. We periodically check our members list. If we find that Customer has registered more than one account per household, the Customer’s account(s) will be removed and any items that were won will be forfeited and not shipped. Also, the Customer will be banned from our system.
  7. Due to the different speed of user’s network, the count down time on the websites is follow to sagbid.com server time.
  8. Bidder has the right to cancel the bid due to sagbid.com wrong information.