Terms and Conditions

Welcome to the Mandai Motor Trading website. Please read these Terms & Conditions carefully. The following Terms & Conditions govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, do not access and/or use this Platform or the Services.

Before sending in your car valuation and quote request or email us with regards to any enquiries, please read through our Terms & Conditions. Your placement of an order shows your acceptance of these Terms & Conditions. By using this website and sending in a request, you agree to the terms of use of the Mandai Motor Trading website as set out below. The Terms of Use include the Terms & Conditions set out below and the Privacy Policy You are bound by these Terms of Use and should review them whenever you are using this website and making a request.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services is restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.

If you are below 21 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms & Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

 

1.  Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Definition 1 will apply to these Terms of Use.

2.  Our limitation of responsibility and liability

No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;

(b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.

Exclusion of liability: Mandai Motor Trading Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.

You may not assign your rights under these Terms & Conditions without Mandai Motor Trading’s prior written consent. Mandai Motor Trading may assign its rights under these Terms & Conditions to any third party.

Mandai Motor Trading shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Mandai Motor Trading’s reasonable control.

A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions.

3.  Accuracy

Care has been taken to ensure that the products and descriptions of them on this site are accurate. Mandai Motor Trading do not, however, promise or represent that it is accurate or free from errors or omissions and Mandai Motor Trading reserve the right to make any necessary corrections. You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon. In the event that incorrect information is included in the Website Mandai Motor Trading will correct the information in a timely manner.

4.  Unacceptable car consign request

Mandai Motor Trading reserves the right to reject a request if, in its sole opinion, it is unacceptable.

5.  Disclaimer of warranties

To the maximum extent permitted by law (most importantly the Singapore Law):

Mandai Motor Trading disclaims all warranties with regard to the information and applications contained on the website and your use of the website, including all implied warranties of merchantability and fitness

Mandai Motor Trading, its contractors, agents, or employees disclaim liability for any damages whatsoever (including special, indirect or consequential) arising out of or in connection with the use or performance of the website whether in contract, at common law or in equity, or on any other basis

If Mandai Motor Trading becomes liable for any breach of any such condition or warranty, our liability shall be limited at its option, to any one or more of the following:

In the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring goods; or payment of the cost of having the goods repaired; and

In the case of services: to either supplying the services again or payment of the cost of having the services supplied again.

6.  Security information

You should note that credit card numbers are not stored on the website and will never be made publicly available.

7.  Stock availability

Mandai Motor Trading will endeavour to supply all items publicised in the Mandai Motor Trading website. Similarly, products will be removed from the Store as soon as Mandai Motor Trading becomes aware that those items are unavailable. However, there may be unavoidable occasions when:

  • All or part of your order cannot be fulfilled immediately, or
  • All or part of your order cannot be fulfilled at all.
  • Where part of an order cannot be fulfilled immediately, the part that can be supplied will be dispatched as soon as possible. Where part of your order cannot be fulfilled at all you will be advised as soon as possible by email or telephone.

8.  Notices

Notices from us: All notices or other communications given to you if:

(a) communicated through any print or electronic media as Mandai Motor Trading may select will be deemed to be notified to you on the date of publication or broadcast; or

(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and Mandai Motor Trading shall be deemed to have received such notice only upon receipt. While Mandai Motor Tradingendeavour to respond promptly to notices from you, Mandai Motor Tradingcannot guarantee that Mandai Motor Trading will always respond with consistent speed.

Mandai Motor Trading may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

9.  Prices of Products

The price of the Products listed in the website serve as a reference and does not determine the final price of the product.

10.       Currency

Money references under these Terms & Conditions shall be in Singapore Dollars.

11.       Governance

These Terms & Conditions shall be governed b, and construed in accordance with the laws of Singapore and you hereby submit to the exclusive jurisdiction of the Singapore courts.

12.       Third party websites

The Mandai Motor Trading Website may contain links to other websites operated, controlled or produced by third parties. Mandai Motor Trading does not control, endorse, sponsor or approve any such third party websites or their content nor does Mandai Motor Trading provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

13.       Links to Mandai Motor Trading website

If you wish to establish a link to this website, you must first seek approval from Mandai Motor Trading. To seek approval, please contact us directly.

14.       Questions, complaints and feedbacks

If you have any questions or complaints, please contact Mandai Motor Trading using the “Contact” page on the Platform. Mandai Motor Trading will attend to them.

15.       Defintion 1
Definitions and Interpretation

Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Condtions:

“Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

“Mandai Motor Trading”, “we”, “our” and “us” refer to Mandai Motor Trading, a company incorporated pursuant to the laws of Singapore under registration number 52862320J and having its registered address at 31 West Coast Highway West Coast Carmart, Lot 8/9, Singapore 117864

“Mandai Motor Trading Indemnitees” means Mandai Motor Trading and all of its respective officers, employees, directors, agents, contractors and assigns.

“Listing Price” means the price of Products as stated on the Platform.

“Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.

“Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.

“Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions.

“Password” refers to the valid password that a Customer who has an account with Mandai Motor Trading may use in conjunction with the Username to access the relevant Platform and/or Services.

“Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, address, location, phone number, car plate number, NRIC, car photographs and any other information you have supplied to us. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.

“Platform” means (a) both the web and mobile versions of the website operated and/or owned by Mandai Motor Trading that is presently located at the following URL: www.mandaimotor.com.

“Privacy Policy” means the privacy policy set out at http://www. mandaimotor.com/privacy-policy/.

“Product” means a product (including any installment of the product or any parts thereof) listed on the Platform.

“Prohibited Material” means any information, graphics, photographs, data and/or any other material that:

(a) contains any computer virus or other invasive or damaging code, program or macro;

(a) infringes any third-party Intellectual Property or any other proprietary rights;

(b) is defamatory, libellous or threatening;

(c) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or

(d) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

“Services” means services, information and functions made available by us at the Platform.

Submission” is as defined in Clause 18 of these Terms & Conditions.

“Terms of Use” means the recitals, Clauses 1 to 20 and any Schedules to these Terms & Conditions.

“Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.

“Username” refers to the unique login identification name or code that identifies a Customer who has an account with Mandai Motor Trading.

“you” and “your” refer to the individuals over the age of 21 or otherwise under the supervision of a parent or legal guardian.

Interpretation: Any reference in these Terms & Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” is used, they will be treated as being followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of month means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Mandai Motor Trading and the provision that is more favourable to Mandai Motor Trading shall prevail.

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