eAutoGen | Refund Policy

REFUND POLICY

1.0 General

eAutoGen Capital Sdn. Bhd (Company No. 202101001979 (1402277-K)) (hereinafter “eAutoGen”, “we”, “us”, or “our”) is the owner of the website known as www.eAutoGen.my (“Site”). Any application for refund of the AutoGen PLUS (as defined hereinafter) purchased by the Customer (as defined hereinafter) shall subject to these terms and conditions (“Refund Policy”) and such other procedures as may be determined by eAutoGen from time to time, in its sole and absolute discretion.

The Customer hereby agrees to be bound by this Refund Policy, Terms and Conditions, Privacy Policy and any other policies and terms and conditions as may be posted on eAutoGen’s Site from time to time (“Other Terms”).

2. Definitions

2.1

Unless otherwise defined or the context otherwise requires, any capitalised words in this Refund Policy shall have the same meaning as found in the Terms and Conditions. This Refund Policy shall form an integral part of the Terms and Conditions.

2.2

The following terms shall have the following respective meanings:

(a) “Affiliate” means in relation to a person or entity (“Person”), any person or entity which is directly or indirectly controlled by the Person, which controls the Person or which is controlled by a person or entity that controls the Person and shall include another member of the group of which such Person is a member, and the term "Affiliates" shall be construed accordingly;

(b) “Customer”, “you”, “your” or “yours” means the person purchasing the AutoGen PLUS from us and it shall be construed accordingly;

(d) “Vehicle” means the private use motorcar and it shall be construed accordingly.

3. Eligibility and Requirements

3.1

For the Vehicle to be eligible for AutoGen PLUS, the Customer shall ensure that the Vehicle meet all the following requirements prior to purchase: -

(a) the Vehicle must not be older than 10 years, calculated from the date of registration;

(b) has a mileage (actual and based on reading) of no more than 200,000 kilometers; and

(collectively, the “Eligibility Criteria”)

3.1.1

eAutoGen will issue an order code (“Order Code”) to the Customer upon your successful purchase of AutoGen PLUS. The Customer shall thereafter make an appointment with any one of eAutoGen’s designated car inspection centres ("eAutoGen Authorised Partner”) to conduct a diagnosis test for the Vehicle (“Inspection”) within ninety (90) days from the date of receipt of the Order Code (“Inspection Period”). For the avoidance of doubt, if the Customer fails, refuses and/or neglects to undergo the Inspection within the Inspection Period, the AutoGen PLUS shall automatically be void and terminated without refund and liability to eAutoGen.

3.2

3.3

While eAutoGen will have the right to evaluate the Eligibility Criteria based on the Report, it shall remain the sole responsibility and liability of the Customer to ensure that the Vehicle meets the Eligibility Criteria.

3.4

In the event where the Vehicle does not meet the Eligibility Criteria, eAutoGen reserves its right to cancel and/or terminate the Customer’s purchase of AutoGen PLUS. eAutoGen will refund the purchase price of the AutoGen PLUS, less any costs and expenses incurred by eAutoGen, including but not limited to administrative cost, handling fee, Inspection fee and such other charges as may be imposed by any third party in respect of the AutoGen Plus.

4. Refund and Cancellation

4.1

The Customer is responsible for ensuring that the Vehicle meets the Eligibility Criteria and such other terms as set out in this Refund Policy and the Other Terms before proceeding to make an order to purchase the AutoGen PLUS (“Order”). eAutoGen reserves the right to accept or reject the Order in whole or in part. Once an Order Code has been issued and sent by eAutoGen to the Customer, the Customer shall not be permitted to cancel the Order unless you receive written communication from eAutoGen permitting the cancellation of the Order. eAutoGen reserves the right to cancel the Order for any reason whatsoever, with or without providing a reason.

4.2

Each Customer’s application for refund of AutoGen PLUS will be assessed based on this Refund Policy or a case-by-case basis, at eAutoGen’s sole discretion. eAutoGen’s decision shall be final and the Customer agrees to be bound by the same.

4.3

Notwithstanding the provisions herein, if AutoGen PLUS was purchased by the Customer through a third party online platform (“Third Party Platform”), all refund and cancellation related matters shall be governed by the relevant refund policy of the Third Party Platform. We do not control the Third Party Platform and assume no responsibility for their content or policies and/or statements. You agree to waive any claim against eAutoGen with respect to the Third Party Platform.

4.4

The Customer hereby acknowledges and agrees that any monies to be refunded pursuant to a successful application shall be subject to a deduction of administrative charges as may be imposed by eAutoGen, from time to time, in its sole and absolute discretion or such other charges as may be imposed by any third party.

4.5

Refunds will be processed within fifteen (15) business days and it will be credited back to your bank account.

4.6

Notwithstanding any other provision of this Refund Policy and Other Terms, eAutoGen reserve the right to terminate the contract should it be discovered that: -

(a) the Report shows that the Vehicle does not meet the Eligibility Criteria;

(b) failure of the Customer to undertake the Inspection within the Inspection Period;

(d) breach of warranties and covenant stipulated under Clause 5.1 below; and/or

(e) such other reasons that eAutoGen believes may affect the in-scope coverage of AutoGen PLUS.

4.7

Once eAutoGen has received the full and cleared fund of the purchase price of AutoGen PLUS, the Report and Vehicle are acceptable by eAutoGen, then AutoGen PLUS will be activated. eAutoGen will send an email to the Customer upon such activation and will be accompanied by a product summary of AutoGen PLUS with respect to your Vehicle. AutoGen PLUS shall be subjected to a condition where it will not be cancellable nor refundable once it is activated.

4.8

For refund and cancellation matters, all such application or queries shall be addressed to eAutoGen’s Customer Service at (a) our Helpdesk: 03-7931 3663; or (b) our email: cs@eautogen.my

5. Warranties and Covenants

5.1

The Customer hereby warrants and undertakes to eAutoGen that: -

(a) the Customer is the registered owner of the Vehicle and has good and marketable title to the Vehicle;

(b) the Customer is able to provide evidence of a service history for the Vehicle upon request by eAutoGen;

(d) the Vehicle is not an insurance total loss and has not sustained major accident damage, fire damage or flood damage;

(e) the Vehicle is not a cut-and-join car; and/or

(f) the Vehicle has no missing parts, mechanical and/or electrical defects, including exterior and/or interior.

The foregoing warranties are in addition to any other warranty, expressed or implied, furnished by the Customer to eAutoGen, or implied by law. All warranties shall insure to the benefit of eAutoGen and its Affiliates and their respective officers, directors, employees, agents, contractors, successors and assigns. Any attempt by the Customer to limit, disclaim or restrict the foregoing warranties or any remedies of eAutoGen in the Customer’s acknowledgement, confirmation, invoice or other documentation is hereby objected to and shall be null and void. All warranties shall survive payment to and acceptance by eAutoGen.

6. Governing Law and Dispute Resolution

This Refund Policy shall be governed by and construed in accordance by the laws in force in Malaysia. Unless and otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these terms against or relating to eAutoGen under these terms shall be resolved by arbitration in accordance with the rules of Asian International Arbitration Centre in Kuala Lumpur (AIAC). The number of arbitrators shall be one. The seat of arbitration shall be Kuala Lumpur and the arbitration shall apply substantive law of Malaysia. The arbitral proceedings shall be conducted in English language. You hereby give up the right to litigate (or participate in as a party or class member) all disputes against eAutoGen in court and/or tribunal before a judge or jury.

7. Liability and Indemnity

In no event shall eAutoGen be responsible for any loss, damage, or injury (including damage to property) arising out of or related to this Refund Policy and Other Terms or caused or contributed to in any way by the use and operation of the AutoGen PLUS. Notwithstanding any other provision of this Refund Policy and Other Terms, in the event where eAutoGen is responsible for the loss or damage, the total liability of eAutoGen to the Customer or to any other party shall be only limited to the purchase price of such AutoGen PLUS.

8. Assignment

The AutoGen PLUS cannot be transferred, assigned and/or novated by the Customer to any subsequent owner of the Vehicle without prior written consent of eAutoGen.

9. Waiver

No conduct by eAutoGen with respect to any default of the Customer and the performance of any obligation or condition of this Refund Policy shall be deemed to be a waiver of that or any other obligations or condition.

10. Variation

eAutoGen reserves the rights at any time, at its sole discretion, to change, amend or otherwise modify any part of this Refund Policy by posting the relevant amended and restated this Refund Policy on the Site. Such amendments are effective as of the date of posting, and the continued usage of eAutoGen’s Site signifies the acceptance of the updated or modified this Refund Policy.