TERMS OF USE FOR CERAMIC PRO AUTO BATH CLUB
Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and Ceramic Pro Auto Bath Club Sdn Bhd (the “Company”).
By using the Ceramic Pro Auto Bath Club mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company generally, the “Service”, you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time through the Application and your continued use of the Service will be deemed to confirm your acceptance of the revised Terms of Use.
Terms or Terms and Conditions shall be used interchangeably to refer to the Terms and Conditions of Sale herein;
General
- This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
- No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.
- If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
- The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
Acceptable Use Policy
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.
Indemnification
- By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
- your use of the Service, the Software and/or the Application in your dealings with the Company, the third-party merchants, third party providers, partners, advertisers and/or sponsors;
- your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party;
- your misuse of the Service, the Software and/or the Application.
Limitation of Liability
- The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.
- The Company does not represent or warrant that:
- The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- The Service and/or Rewards will meet your requirements or expectations;
- Any stored data will be accurate or reliable;
- The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
- Errors or defects in the Application and/or the Software will be corrected; or
- The Application or the Server that make the application available are free of viruses or other harmful components.
- The Service and Rewards are provided to you strictly on an “as is” basis.
- All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Malaysian law.
- The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
- To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.
Assignment
- This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.
- The Company also reserves all rights, without notice and for any reason, to remove any content on the Company site and to deny access to any user or users to all or any part of this site.
- Any purported assignment by you in violation of this section shall be void.
SERVICES Terms:
- All prices are listed in the Company’s application and website. The Company reserved the right to change pricing without prior notice.
- All packages purchased are final and non-refundable in any circumstances
- Our determination of the size category of your vehicle with regard to the price list shall be final and binding. The price according to the car size will be shown in the app as you select the packages and before payment made.
- The Company will perform the services selected by you from our service menu with all reasonable skill and care.
- Whilst the Company shall take all reasonable steps to ensure that its staffs shall take reasonable care of the vehicle whilst in its custody (including without limitation where the vehicle is washed and cleaned), the company shall not be liable for:
- Damage to, loss of the vehicle or any part of it, or any of its accessories or any of its content
- Damage to any other property, arising from, or in connection with the company’s custody of the vehicle
- Where such liability is proved to arise, and only to the extent it is proven to arise, as a result of negligence, a criminal act or breach of statutory duty on the part of the company or its staffs
- The staffs of the company have no authority to accept any valuables or other articles for safe custody and the Company will not be liable for any loss of or damage to any such articles which a customer purports to leave in the safe custody or keeping of the company, its staffs.
- Customers are requested to take along all valuable items prior to leaving the vehicle in the Company custody.
- You must disclose to us all defects, damage, or weakness in your vehicle, known or suspected by you, which may be affected by the services prior to our commencing with the services.
- The Company do not undertake to insure your vehicle against loss while it is in our possession.
- Insurance of your vehicle is at all times your responsibility.
- Any complaints about our work cannot be considered unless reported prior to departing the outlet.
- You will be liable to us for any death, injury or damage suffered by us or our staff attributable to any defect in your vehicle or any harmful contents.
- You should be noted that any products used during the service may cause slippery. Thus, extreme caution should be exercised when sending in and collecting your vehicle.
- The Company accept no liability whatsoever for loss or damage caused as a consequence of failing to heed all warning.
- Any vehicle’s interior and exterior conditions can be exposed to the risk of damages during the service process. Any defects of vehicle shall be indicated to our staff prior to commencement of the service.
Subscription Plans
General
- Membership, Credits, Rewards, Points and membership validity are NOT transferable, refundable, or exchangeable to any monetary form.
- Each membership registered email cannot be change, update, or edit.
- All type of balances such as Credit, Rewards and Points on each account can be carry forward only within the same account upon renewal.
- Membership expiry for the new additional car slot purchased will follow the initial primary subscribed plan’s expiry.
- Conditions for Change of Car Number Plate, Car Ownership and/or Car Model
- Change car number plate but remain same car model and car owner
- Allowed upon verification by the Company. Please inform our customer support to make the changes.
- Change car model but remain same car number plate and car owner
- Allowed upon verification by the Company. Please inform our customer support to make the changes.
- Note that service charges will be changed as well according to the new vehicle size
- Change both car number plate and car model but remain same owner
- Allowed upon verification by the Company. Please inform our customer support to make the changes.
- Note that service charges will be changed as well according to the new vehicle size
- Car sold to 3rd party
- Existing plan subscribed for this car will NOT be transferable to 3rd
- Change car number plate but remain same car model and car owner
- Each membership account is only entitled to request ONE time change for any one of the above conditions I, ii and iii above throughout the membership period.
- The eWallet credit will be automatically become invalid if there is no activity of reload within 1 year.
DUO & FAMILY PLAN
- Credits, Rewards and Points will be assigned to each car slot according to the plan subscribed. Any unutilised Credits, Rewards and Any Points, Credits and/or Rewards from the empty slot CANNOT be claimed or transfer to any other account.
E.g.
USER 1 : eWallet Credit RM100 / rewards = CAR REGISTERED
USER 2 : eWallet Credit RM100 / rewards = CAR REGISTERED
USER 3 : eWallet Credit RM100 / rewards = EMPTY
USER 4 : eWallet Credit RM100 / rewards = EMPTY
ANSWER: USER 1 and 2 cannot claim the unutilised Credits, Rewards and Points from either user 3 or 4.
Additional Car Slot
- Single, Duo & Family plan can add additional car slot anytime.
- Each additional car slot cost RM350
- No complimentary services, rewards, point or free e-wallet credit
- Expiry follow the primary/main user membership
VIP PLAN
- Each VIP member can purchase multiple VIP Plan at any time.
- VIP plan does not have e-wallet feature.
- “Credit” in VIP Plan refers to count of respective services available.
- Once the Credit is fully utilised despite membership period still valid, a VIP member has to subscribe a new VIP plan to continue to enjoy the services.
LOYALTY REWARD
- Loyalty Reward includes but not limited to rewards in the form of points, service, credit, voucher or membership.
- Loyalty Reward will remain valid and automatically carry forward upon renewal of the subscribed membership plan within the same user account.
- The Company may, at its sole and absolute discretion, increase or decrease the rate of Loyalty Reward Points to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from the Company any explanation pertaining to the calculation methods (for crediting the Points) or other matters relating to the Points or discounts for whatsoever purposes.
- The Company shall have the right to deal with the expired Loyalty Reward in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against the Company for any expired Loyalty Reward.
- The Company may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Loyalty Reward for any reason whatsoever, including without limitation, where
- There are insufficient Loyalty Reward to redeem for the particular Reward;
- The Reward is no longer made available or out-of-stock by the merchant or third party merchant
- The Points you wish to use for redemption of Rewards have been issued to you in error; or
- The Company reasonably believes that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour.
- The Company reserves the right to hold the issuance of Loyalty Reward earned until the transaction, including payment, are completed. Loyalty Reward earned from purchases from Partners will only be issued if the good(s) and service(s) purchased are not returned, cancelled or refunded.
- Fraud, abuse of redemptions or any dishonest activities related to the Ceramic Pro Auto Bath Club Loyalty Programme may result in the forfeiture of accumulated Loyalty Reward as well as, demotion of your membership tier, cancellation of your membership in the Ceramic Pro Auto Bath Club Loyalty Programme or termination of your account.
- To the extent as permitted by applicable laws, the Company reserves the right at any time to:
- vary, modify or amend the terms and conditions of the Ceramic Pro Auto Bath Club Loyalty Programme (including adding or deleting any terms);
- terminate or modify the Ceramic Pro Auto Bath Club Loyalty Programme;
- revoke, adjust and/or recalculate any Loyalty Reward awarded;
- change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
- change the Loyalty Reward that can be earned on spendings on qualifying services;
- modify the qualifications and eligibility for earning Loyalty Reward;
- modify the activities that earn Loyalty Reward;
- modify the methods used to determine the Loyalty Reward to be awarded;
- withhold or cease the awarding of Loyalty Reward to you;
- modify the qualifying Loyalty Reward or other criteria for membership tier upgrades and renewals; and
- change or withdraw any benefits related to a particular membership tier; and/or
- change the duration taken for Loyalty Reward to expire.
- without prior notice to you and at its sole discretion.
- The Company may suspend the calculation and accrual of Loyalty Reward to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
Pricing
- Unless otherwise indicated, the prices quoted for the Service herein shall exclude any other taxed or duties imposed on the Company, which shall be borne by you on or in relation to the Service herein.
- If there are any changes in the costs incurred by the Company to produce and supply the Service to you, including and not limited to economic, social, geo-political, regional and global supply and demand of raw materials, governmental policies and other relevant external factors influencing the said pricing and costs, the Company reserves its right to vary the pricing of the Service in order to take into account such changes without notice.
Payment
- All payment shall only be made via the Application and strictly non-refundable, non-exchangeable in any circumstances.
- All online transaction information will not be kept with the Company and it’s all processed by secured payment gateway.
- By completing the ordering or/and purchasing process, you accept that your account is debited for the total amount due at the time of the order. Bank cards accepted for online payment are those used by cardholders within the European Union zone, such as Carte bleue, Visa, Vpay, Electron, MasterCard, Maestro and American Express. Depending on the type of card, the client enters his/her card number, its expiry date and security code (composed of the three figures shown on the back of the bank card), then validates this data, or has the possibility of returning to the previous page. Payments made online by bank cards shall be carried out by way of the secured payment system of the bank. The request for payment is made in real time via the secured payment system of the bank – the bank ensures that it is a valid bank card (if no error is registered on entering the code and the card has not been stopped) and confirms registration of payment by delivering a transaction number or advises that the transaction has been refused (as the case may be). After payment has been validated by the banking organisation, the order and/or purchase is accepted by the vendor who confirms acceptance of the order to the client by email. The client undertakes to personally use the bank card of which he/she is the registered holder. In the event of fraudulent use, the vendor cannot be held liable. In the absence of payment by the bank, or a refusal by the banking centres to make payment, the order shall be automatically cancelled and the client informed by email. The products remain the property of the vendor until it receives full payment of the price.
- You are required to make full payment for the Products and/or Services offered in the Service at the time of checking out by selected method of payment. Refund is not applicable unless the occurrence of circumstances stated in Cancellation and Refund Policy.
- You will be responsible for the security of the Account and shall take all steps towards ensuring the safekeeping thereof. Customer shall not disclose his or her password to anyone verbally or in writing.
- You will be liable for all charges incurred in the Order and/or Purchase. You shall, immediately inform the Company support team of the occurrence of any fraud, hacking or unauthorized use of Account. After due investigation, the Company reserves the right to suspend or deactivate your Account. However, the Company shall not be liable for any such unauthorized usage or access of the Account and it shall be solely customer’s responsibility to ensure privacy and confidentiality of Account details.
- By using the Service provided you agree and acknowledge that you are solely responsible for any information that you submitted in Service or transmit to our team and/or other users of the Account.
- The Company reserves the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
- The Company may, at its sole discretion, make promotional offers with different features and different rates on the Website and/or the Application to any of the Users whereby these promotional offers shall accordingly be honoured by you. The Company may change the Charges or Pricing at any time at its sole discretion.
Cancellations & Refund Policy
- No refunds, exchange, cancellations or amendments is applicable once payment is processed and completed.
- The Company at all time strives to serve our Customers with the best quality service. In rare situation, which the service is not delivered, a full or partial refund may be issued subject to our investigation within 14 business days.
- Please bear in mind that the Company do not provide refunds for the cancellation of the service if we are in processing and preparing to provide the service.
- It is customers’ responsibility to check the service transaction status and confirmation upon completion of payment.
Cancellation of Appointment
- For VIP Plan: Booking will be automatically cancelled if you are late for more than fifteen (15) minutes from the successful booked time slot.
- For all other plans, no pre-booking available. User can only scan the outlet QR code upon arrival at the outlet.
Other Provisions
- You shall bear the responsibility to pick up your vehicle(s) within 10 minutes after completion of the Service.
- If you fail to pick up your vehicle within the stipulated time, you shall bear the penalty for the delay in picking up your vehicle(s) as follows:
| Time | Cost (RM) |
| Every 15 mins or part thereof | RM5 |
LINKS
The Company has not reviewed all of the sites which are linked to or from the Company site and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site the Company is not responsible for the contents of any site linked to or from the Company site and your connection to any such linked site shall be SOLELY at at your own risk.
Legal Information
- The terms will be governed by and construed under the laws of Malaysia, excluding only its conflict of law provisions. Each party to these terms hereby submits to the exclusive jurisdiction of the courts within Malaysia and waives any jurisdictional, venue, or inconvenient forum objections to such courts outside Malaysia.
- Any failure by the Company to enforce any of its rights under the terms or applicable laws shall not be constituted as a waiver of such right. If any provision of the terms is found by a court of competent jurisdiction to be invalid, you, the Company, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining terms provisions shall retain their full force and effect. You agree to follow any applicable laws in your use of the Company site. Among other things, Malaysia and foreign export control laws regulate the export and re-export of technology originating in Malaysia and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Company site to or from any countries or foreign nationals in violation of such laws or regulations of which the Company shall not be liable / responsible to you or for you.
Force Majeure
- The Company has the absolute discretion to postpone / cancel your appointment for any reasons beyond the Company’s control, including during lockdowns, flood, riots, war etc and/or if the Company’s schedule have been fully booked during the day of your appointment.
The Company will inform you within reasonable time if such postponement / cancellation of your appointment is necessary and the Company shall not be liable to you for any losses / costs incurred arising from such postponement / cancellation howsoever caused.
Data Privacy & Personal Data Protection
- You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
- For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company.
- The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
- The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
- to perform the Company’s obligations in respect of any contract entered with you;
- to provide you with any services pursuant to the Terms of Use herein;
- process, manage or verify your application for the Service pursuant to the Terms of Use herein;
- to validate and/or process payments pursuant to the Terms of Use herein;
- to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
- to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
- to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
- for internal administrative purposes, such as auditing, data analysis, database records;
- for purposes of detection, prevention and prosecution of crime including in relation to its obligations under AMLA;
- for the Company to comply with its obligations under law or regulations (whether in Malaysia or overseas including disclosing such Personal Data to Malaysian and overseas law enforcement agencies or courts);
- to respond to questions, comments and feedback from you.
- In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
- to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
- to notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
- to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
- If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the company by contacting our customer support.
- If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to our customer support.
- The Company will, to the best of its abilities, effect such changes as requested within thirty (30) working days of receipt of such notice of change.
- The Company reserves the right to transfer your Personal Data to its affiliates and outsourcees (whether in Malaysia or overseas) for the purpose of the use of such data in the operations of the Designated Payments Instrument or the IBS Services (as defined below) that are provided to the Company by such affiliates or outsourcees.
- The Company is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Should you wish to request access to your personal data, or if you have any inquiries or complaints in respect of our processing of your personal data, such officer may be communicated with in writing.
