TERMS & CONDITIONS
Terms & Conditions
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”) which offers car extended warranty package to the customer (hereinafter “Customer”, “you” or “yours”) in accordance with these terms and conditions (“Terms”) and such other procedures as may be determined by eAutoGen from time to time, in its sole and absolute discretion.
By accessing the Site and/or using the Services, you agree to be bound by these Terms and any revisions to the foregoing issued by eAutoGen from time to time. If you do not agree to these Terms, please do not access and/or use the Site and/or the Services.
The AutoGen PLUS comprises of:
Section 1: Eligibility and Car Inspection
Section 2: Extended Warranty Program
Section 3: General Terms and Conditions
The following terms shall have the following respective meanings:
“Applicable Laws“ means with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject.
“AutoGen PLUS” means the extended warranty programme provided by eAutoGen.
“Breakdown” means the sudden and unforeseen failure of a In Scope component subject to the terms and conditions of these Terms.
“Car” means the private use motorcar and it shall be construed accordingly.
“Commercial Use Car” means cars used under the license of commercial cars including but not limited to farming, ranching, route work, job-site activities, service or repair work and delivery of goods.
“Claim” means a request for repair made by the Customer under the AutoGen PLUS.
“eAutoGen Panel Workshop” refers to authorized workshops to perform car repair works and/or maintenance during the Activation Date.
“pre-existing” means any defects or damage in existence prior to the Activation Date.
“Activation Date” refers to commencement date of AutoGen PLUS.
“Summary” means the document to be provided by eAutoGen to the Customer upon activation of the AutoGen PLUS which gives information about the Car, AutoGen PLUS and In-Scope Components for the Car.
“Wear and tear” means the gradual deterioration associated with the normal use, age and mileage of the Car and its components.
Section 1: Eligibility and Car Inspection
For the Car to be eligible for AutoGen PLUS, the Customer shall ensure that the Car meet all the following requirements prior to purchase of the AutoGen PLUS: -
(a) the Car must not be older than 16 years, calculated from the date of registration;
(b) has a mileage (actual and based on reading) of no more than 200,000 kilometers; and
(c) the engine and transmission, Engine Control Unit (ECU) / Engine Control Module (ECM), and Transmission Control Module (TCM) and braking system of the Car are in a good and workable condition, (Collectively, the “Eligibility Criteria”) eAutoGen will issue an order code (“Order Code”) upon your successful purchase of AutoGen PLUS. You 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 Car (“Inspection”) within 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.
1.1 Purpose and Scope of the Car Inspection.
The Inspection is intended to assist eAutoGen to evaluate the condition of the Car and to ensure that the Car meets the Eligibility Criteria. eAutoGen Authorised Partner will conduct an impartial, non-invasive evaluation of the readily accessible, permanently installed systems and components of the Car, for AutoGen PLUS activation. eAutoGen Authorised Partner will prepare all inspection reports including car inspection summary for the Car (“Report”). eAutoGen shall not be held liable and responsible for any representations made by eAutoGen Authorised Partner in relation to the Car and the contents of the Report.
eAutoGen Authorised Partners are generalists and may possess training / certifications / permissions necessary to conduct the Inspection however, they do not act as experts in any craft, discipline or trade, or as licensed engineers. You hereby acknowledge and agree that in no event shall eAutoGen be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the Inspection conducted by eAutoGen Authorised Partner.
The following is the scope of Inspection to be carried out by eAutoGen Authorised Partner ("Inspection Scope"): -
(i) Engine: Starting, idling, noise, acceleration, scan tool / faulty code, Engine Control Unit (ECU) / Engine Control Module (ECM).
(ii) Transmission: Clutch Operation, Drive Axle / transfer Case Noise, Shift Interlock Operation, Scan tool, faulty code, Transmission Control Module (TCM).
(iii) Braking System : Brake Servo Unit, Wheel Cylinder, Calipers, Brake Master Cylinder, ABS Pump
Items not stipulated above are deemed to be out of scope and not part of the Inspection Scope.
1.3 Limitations and Out-of-Scope.
The Report prepared by eAutoGen Authorised Partner is limited to the Inspection Scope and based upon the visible and apparent condition of systems and components of the Car as they exist at the time of the Inspection. The condition of the Car may change from the time the Inspection is conducted.
1.4 Physical Limitations.
The Inspection is physically limited to areas which are readily accessible, available for inspection, and are not safety risks. eAutoGen Authorised Partners have absolute discretion regarding whether or not to:
(i) enter any area or perform any procedure which is, in the opinion of the eAutoGen Authorised Partner, unsafe and likely to be dangerous to the eAutoGen Authorised Partner or other persons, or
(ii) enter any area or perform any procedure which will, in the opinion of the eAutoGen Authorised Partner, likely damage the Car or its systems or components.
1.5 Repairs or Further Evaluation.
The Authorised Partners may recommend the need or possible need to repair, replace or monitor a system or component or to obtain examination and analysis of a system or component by a tradesman or service technician in a designated field of expertise. You must engage and instruct any professional, tradesman or service technician who evaluates a system or component for the purpose of preparing a repair/replacement proposal to address the problem, concern and/or issue identified by the Inspector, and any adjacent, collateral or contiguous, intersecting and/or hidden/obstructed systems or components that may require repair, replacement or upgrading. Repairs, replacement, upgrading or maintenance of problems, concerns and/or issues identified by the Authorised Partner may be more difficult to correct and/or be more costly than anticipated.
1.6 Status and Usefulness.
The Report may contain estimates of status and usefulness of systems and components with respect to the Car. Annotations of systems and components are based on physical observation and available data; actual conditions may change the status and usefulness of any system or component. eAutoGen Authorised Partners cannot make a determination regarding unfavorable conditions such as prior misuse, overuse, service maintenance intervals, poor product quality, or faulty manufacture. It is impossible for eAutoGen Authorised Partners to report precisely as to when a system or component will require repair or replacement.
The Inspection does not constitute and/or tantamount to:
(i) an appraisal or opinion of the value of the Car;
(ii) an opinion as to the advisability of a purchase;
(iii) a rating of the Car with respect to desirability of purchase; and
(iv) an opinion as to the suitability of the Car or the Car for any particular or specialized use.
1.7 Representative Sampling.
There are many items to be checked during the Inspection; numerous and repetitive items are randomly selected and a representative number are checked for functionality. The Report do not imply that every system or component is inspected or every possible defect is identified.
1.8 Failure to Meet the Eligibility Criteria
In the event where the Car 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.
The cancellation and/or refund of the AutoGen PLUS shall subject to a separate refund policy and such other procedures as may be determined by eAutoGen from time to time, in its sole and absolute discretion (“Respective Refund Policy”).
Each application for cancellation and/or refund of the AutoGen PLUS will be assessed based on the Respective Refund Policy or a case-by-case basis, at eAutoGen's sole discretion and eAutoGen's decision shall be final and you hereby agree to be bound by the same.
1.8.1 Time Limitation.
Any dispute arising from the Report must be made to eAutoGen within 14 days from the date the Inspection. eAutoGen has the sole discretion in examining and determining the Report on a case-to-case basis. The finding and determination of eAutoGen shall be final and binding.
Section 2: Extended Warranty Program
2.1 Nature of Extended Warranty Program
2.1.1 You agree and understand that the AutoGen PLUS is not an insurance policy.
2.1.2 To be eligible for the AutoGen PLUS, you must ensure that your Car meet all the Eligibility Criteria as set out in Section 1 above.
2.2. Entire Extended Warranty Program
This Section, including these Terms, Other Terms, the Report and the Summary together with any endorsements, if any, constitutes the entire agreement between eAutoGen and the Customer ("Agreement”). eAutoGen is entitled to change, revise, alter and modify the terms of the Agreement from time to time.
This Section includes mechanical Breakdown applies only with respect to the Car described on the Summary. This Section shall be invalidated if there has been an inaccuracy, tampering or alteration to the odometer mileage of the Car so that the Car’s true and actual mileage is not shown on the odometer or cannot be determined. If the odometer becomes inoperable during the term of the Agreement, you must immediately notify eAutoGen and within fifteen (15) days of the odometer becoming inoperable provide eAutoGen documentation proving that the odometer has been repaired, failure to do so, eAutoGen is entitled to reject and/or cancel the Claim requested by the Customer. All costs and expenses for repairing the odometer shall be solely borne by the Customer.
This Section provides request to repair for Breakdown of In-Scope Component(s) installed by the original manufacturer of the Car, as those terms are defined above.
2.3. Extended Warranty Period
12 months or 30,000 km from Activation Date or repair limit as stipulated in the Summary is fully exhausted, whichever comes first ("Warranty Period”).
Notwithstanding anything to the contrary in these Terms, if a Breakdown occurs to the Car, we will only accept Claim after 30 days from the Activation Date and the Car has been driven at least 1,000 kilometers from the Activation Date based on the mileage of the Car recorded at the Report. This condition apply for Car activated from 15th August 2023 onwards. Those Car activated prior to 15th August 2023, we will only accept Claim after 7 days from the Activation Date and the Car has been driven at least 300 kilometers from the Activation Date based on the mileage of the Car recorded at the Report.
In the event of a Breakdown of any In Scope Component(s) as listed in Clause 2.8 below, Customer is only entitled to make a Claim from eAutoGen for repair and/or replacement services subject to the repair limit as stated in the Summary. Replacement of In Scope Component(s) that have experienced a Breakdown may be made with original equipment manufacturer parts / non-original equipment manufacturer parts /re-manufactured parts / used parts / reconditioned parts at eAutoGen’s sole and absolute discretion.
2.5. Repair Limit:
The aggregate repair limit is subject to the limit as stated in the Summary. eAutoGen’s liability for incidental and consequential damages including, but not limited to, personal injury, physical damage, property damage, loss of use of your Car, loss of time, loss of wages, inconvenience, and commercial loss resulting from and/or arising out of the AutoGen PLUS and all subject matter with regard to the AutoGen PLUS including the operation, maintenance, or use of your Car is hereby expressly excluded.
2.6. Servicing and Maintenance Requirements
Customer shall ensure that the Car to be serviced and maintained by any one of the eAutoGen’s designated panel workshops (“Panel Workshop”) every 3 months or 5,000 km, whichever comes first (for semi-synthetic oil), OR 6 months or 10,000 km, whichever comes first (for fully synthetic oil) during and throughout the Warranty Period ("Servicing Requirements”). You are required to retain all receipts and invoices for the purpose of our inspection in the event of a Claim.
In addition to Servicing Requirements, you must also reasonably service and maintain the Car as recommended by eAutoGen and/or Panel Workshop.
You shall promptly furnish eAutoGen the proof of servicing / service history for the Car upon request by eAutoGen. The only acceptable proof of servicing if eAutoGen requires this will be the fully detailed service invoices indicating servicing dates and mileages
Failure to comply with the above Servicing Requirements will result in rejection of any Claim, without liability to eAutoGen.
2.7. Filing a Breakdown Request to Repair
If a Breakdown occurs to the Car during the Warranty Period, you must take the following steps to file a request to repair:
2.7.1 Take Your Car to the Panel Workshop(s).
2.7.2 Provide the Panel Workshop(s) with a copy of Your AutoGen PLUS Summary.
2.7.3 Obtain authorization from eAutoGen before commencing any repairs – Prior to any request to repair being made, you shall instruct the Panel Workshop(s) to contact eAutoGen to obtain an authorization for the repair at +603-7931 3663 or cs@eAutoGen.my. Any request to repair without prior authorization will be denied.
2.7.4 Authorize dismantle and/or Inspection – In some cases, if necessary, you are responsible for authorising the Panel Workshop(s) to inspect and/or dismantle your Car in order to determine the cause and cost of the repair. We will only pay for reasonable diagnostic costs that are associated with a valid Claim for a faulty part under this Section. You shall be responsible for these charges if the faulty part is not covered under the AutoGen PLUS. eAutoGen reserve the right to require an inspection of your Car to be carried out by an expert to decide whether your Claim is covered and repair quantum prior to any repair being made. If you or anyone acting on your behalf prevents us and/or our authorized person from being able to find out what has caused the failure by inspecting the Car or faulty parts, eAutoGen is entitled to reject such Claim on its absolute and sole discretion.
2.7.5 Out-of-Scope cost to be borne by the Customer.
2.7.6 Prevent Further Damage – You shall take immediate action to prevent further damage to your Car. This Section will not cover the damage caused by continued operation or by not securing a timely repair of the failed component. You are responsible for observing any warning lights and gauges of the Car, and taking appropriate action immediately. Failure to do so may result in the denial of the Claim.
2.8 In-Scope Components
The following are the components and parts that will be covered under the AutoGen PLUS (collectively “In-Scope Components”, each a “In-Scope Component”):
Engine: Engine Block, Cylinder Head, Crankshaft, Eccentric Shaft, Connecting Rod, Piston, Piston Ring, Variable Valve Timing, Camshaft Adjuster Solenoid, Balancer Shaft, Intake Valve, Exhaust Valve, Intake Camshaft, Exhaust Camshaft, Valvetronic Motor, Oil Pump, Emission Control Air Pump, Air Mass Sensor (Air Flow Sensor), Engine Vacuum Pump, Crankshaft Position Sensor, Engine Control Unit (ECU) / Engine Control Module (ECM).
Transmission: (Automatic or Manual) Clutch Temperature Sensor, Transmission Control Module (TCM), Transmission Oil Pump, All Type of Solenoid Valve, Torque Converter, Transmission Speed Sensor, Gear Shaft, Gear Shifting / Selector Module, Valve Body.
Braking System: Brake Servo Unit, Calipers, Wheels Cylinder, Brake Master Pump (Master Cylinder), ABS Pump.
Subject to the provisions of this Terms and the Summary, AutoGen PLUS covers the In-Scope Components of your Car.
2.9. Out-Of-Scope – What Is Not Covered by AutoGen PLUS
AutoGen PLUS shall not extend and shall not cover the following:
2.9.1 For any part not specifically listed in Clause 2.8 above, or for any of the following parts: thermostat housing, shock absorbers, carburetor, battery and battery cable/harness, distributor cap and rotor, safety restraint systems (including air bags), glass, lenses, sealed beams, light bulbs, LED lighting, cellular phones, personal computers, and pre-heated car systems, game centers, speakers. Radio, compact disc player, and cassette player, electronic transmitting/receiving devices, voice recognition systems, remote control consoles, radar detection devices, brake rotors, all exhaust components, and the following emission components: EGR purge valve/, vacuum canister, vapor return canister, vapor return lines/valves, air pump (except engine air pimp) /lines/valves, catalytic converter/filtering, gas cap/filler neck, weather strips, trim, moldings, bright metal chrome, upholstery and carpet, paint, outside ornamentation, bumpers, body sheet metal and panels, frame and structural body parts, vinyl and convertible tops, any convertible top assemblies, door handles, lift gate handles, tailgate handles, door bushings/bearings, hardware or linkages, tires, tire pressure sensors, wheel/rims, programming, reprogramming, or updating a component that has not mechanically failed.
2.9.2 Cars used for racing, competitions, rallies, motor sporting events or of a purpose for which it is not licensed, whether for 1 or more occurrences.
2.9.3 Slight irregularities not recognized as affected quality or function of the Car or parts such as slight noise or vibration and defects appearing only under particular or irregular operations.
2.9.4 For any claim caused by or arising from (i) a lack of servicing to the Car in accordance with the manufacturer’s recommendations or otherwise (as applicable) in accordance with the Servicing Requirements or failure by you to remedy a known problem before your Car is driven.
2.9.5 Repair where the fault causing the mechanical breakdown was evident prior to the expiry of the original manufacturer’s warranty.
2.9.6 In any way connected with the use or operation of any computer, computer virus, computer system, computer software, programming, realignment, upgrade of software, programme or process of any electronic system as a consequence of (a) data change to the year 2000 or any other date change and/or (b) any change or modification of or to such computer, computer system, computer software, programme or process or any electronic system in relation to any date change.
2.9.7 Any equipment not installed by the original manufacturer of the Car and/or it is not the In-Scope Components, such as external nuts, bolts and fasteners.
2.9.8 Engine block and cylinder heads are not in-scope if damaged by overheating, freezing or warping.
2.9.9 For maintenance services and parts described in your Car owner’s manual as supplied by the manufacturer and other normal maintenance services and parts which include, but are not limited to: alignments, adjustments, wheel balancing, tune-ups, spark plugs, spark plug wires, glow plugs, hoses (unless listed as specific In-scope Parts), drive belts, brake pads, brake linings/shoes, and wiper blades. Filters, lubricants, coolants, fluids and refrigerants will be in-scope only if replacement is required in connection with an in-scope Breakdown.
2.9.10 For any damage and/or Breakdown resulting from collision, road hazard, fire, theft, vandalism, riot, explosion, lightning, earthquake, freezing, rust or corrosion, windstorm, air leaks, hail, water or flood, acts of God, salt, environmental damage, chemicals, contamination of fluids, fuels, coolants or lubricants, burglary, accident, aircraft and/or vehicle impact, battery leakage, water leaking, power outages or surges, inadequate and / or improper voltage, animal and / or insect infestations.
2.9.11 For any part of the Car that the Panel Workshop recommends or requires that it be replaced or repaired, updated, and is not an in-scope mechanical Breakdown. In such circumstances, all cost and expense shall be fully borne by you.
2.9.12 For any Breakdown caused by misuse, abuse, negligence, lack of normal maintenance required by the manufacturer’s maintenance schedule or our Panel Workshop for your Car or improper or lack of servicing or repairs subsequent to purchase. For any Breakdown caused by sludge build-up resulting from your failure to perform recommended maintenance services, or failure to maintain proper levels of lubricants and/or coolants, or failure to protect your Car from further damage when a Breakdown has occurred or failure to have your Car towed to the service facility when continued operation may result in further damage. Continued operation includes your failure to observe warning lights, gauges, or any other signs of overheating or component failure, such as fluid leakage, slipping, knocking, or smoking, and not protecting your Car by continuing to drive creating damage beyond the initial failure.
2.9.13 For any safety related maintenance events required by the authority, the Panel Workshop or the manufacturer of your Car or a Breakdown caused by continued operation of the Car in an overheated condition irrespective of thermostat failure or the lack of proper and necessary amounts of coolants or lubricants.
2.9.14 For any repair or replacement of any In-Scope Components if a Breakdown has not occurred.
2.9.15 claims for mechanical or electrical failure of In-Scope Components due to wear and tear.
2.9.16 If any alterations that have changed the design or performance of the In-Scope Components.
2.9.17 If your odometer has ceased to operate and odometer repairs have not been made immediately, or the odometer has been altered in any way subsequent to purchase, mileages tuning, where the odometer has been altered or misrepresented your Car’s actual mileage.
2.9.18 For any liability for property damage, or for injury to or death of any person arising out of the operation, maintenance or use of your Car described in these Terms, whether or not related to the parts in-scope. For loss of use, time, profit, inconvenience, or any other consequential loss, including any consequential damage to a non-in-scope part that results from a Breakdown.
2.9.19 When the responsibility for the repair is in-scope by an insurance policy, manufacturer and/or dealer customer assistance program, or any warranty from the manufacturer, or a repairer’s guarantee/warranty (regardless of the manufacturer’s or repairer’s ability to pay for such repairs). Further, In-scope under this T&C is similarly limited in the event of a Breakdown if the manufacturer has announced its responsibility through any means, including public recalls and factory service bulletins, or news alerts.
2.9.20 For any pre-existing condition, for any Breakdown or condition existing prior to the Activation Date.
2.9.21 Reimbursement for any repair or replacement made without prior authorization from eAutoGen.
2.9.22 Valve grinding, , burnt valves, stuck valves and/or broken of timing belt & chain are not in-scope.
2.9.23 Any mechanical Breakdown caused by failure to maintain proper levels of lubrication, lubricant blockage, coolant blockage lack of lubrication or carbon buildup in cylinders.
2.9.24 Breakdown caused by or due to the failure of nuts, bolts or fasteners (internal and/or external). Notwithstanding the foregoing, if the nuts, bolts or fasteners are in-scope in conjunction with an In-Scope Component, repair for such Breakdown will be deemed as an in-scope part.
2.9.25 Engine Chip Tuning.
2.9.26 Arose from an intentional act of the owner of the Car.
2.9.27 Any repair work resulted directly or indirectly from any dishonest, fraudulent, criminal, or illegal act committed by the owner of the Car.
2.9.28 Airborne industrial pollutants including acid rain, industrial fallout, salt, sand, stones, tree sap, bird and animal droppings, windstorm, hail, flood, lightning or other acts of nature.
2.9.29 Bodily injury or property damage liability, medical payments, physical damage, personal injury protection, or losses other than those stated in these Terms.
2.9.30 Breakdown caused by any foreign object getting into or onto a part.
2.9.31 Correct oil / fluid levels not maintained.
2.9.32 Any incidental and consequential losses such as telephone calls, towing, car rental charges, hotel charges, loss of time, commercial loss
2.9.33 Attributable to impact or road traffic accident.
2.9.34 Refilling or topping up with incorrect specification fuel or alternative fuel.
2.9.35 Consequential damage to a component not covered as a result of the failure of an In-Scope Component, and/or damage to an In-Scope Component caused by the failure of an excluded component or event.
2.9.36 The cost and expense to test or replace parts as required by government authority.
2.9.37 Normal routine service, maintenance, cleaning, lubrication, adjustments or alignment.
2.9.38 Damage arising from transportation of the Car.
2.9.39 Damage caused by war, sonic boom, or nuclear radiation.
2.9.40 Any Breakdown occurred outside Malaysia.
2.9.41 Glass of the power window.
2.9.42 Any parts or components for the purpose of raising the engine’s compression when a breakdown has not occurred
2.9.43 Breakdown arising directly or indirectly from infectious and/or communicable disease is excluded
2.9.44 Any cyber loss is excluded
2.9.45 Any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of Malaysia, the European Union, United Kingdom or United States of America, unless such trade or economic sanctions, laws or regulations of the United Kingdom or United States of America would contravene the laws or regulations of the European Union or Germany is excluded.
2.9.46 Roadside assistance is excluded.
2.10. Ineligible for AutoGen PLUS
The following Cars are ineligible under this Section 2:
2.10.1 Any Car where original manufacturer warranty still active or valid or in force.
2.10.2 Commercial Use Cars.
2.10.3 Any Car used for towing, or used as a commercial unit, or used for rental, taxi, limousine or shuttle, towing/wrecker service, dumping (dump beds), cherry pickers, lifting or hoisting, police or emergency service, principally off-road use, prearranged or organized racing or competitive driving.
2.10.4 Any Car that total loss, beyond economical repair, salvage/refundable, salvage theft, assembled, dismantled, scrap, fire, flood, physical damage, saltwater, frame change, motor change, body exchange, junk or parts only.
2.10.5 Any Car that has sustained major accident damage, fire damage or floor damage.
2.10.6 the Car is a cut-and-join car.
2.10.7 the Car has missing parts, mechanical and/or electrical defects, including exterior and/or interior.
Our obligations and the performance to You under this Section is insured by a policy issued by Allianz General Insurance Company (Malaysia) Berhad.
AutoGen PLUS may be transferred by the original Customer to the subsequent owner of the Car with prior written approval of eAutoGen. For any transfer of ownership, please contact +603-7931 3663 or cs@eAutoGen.my. eAutoGen reserves its rights to accept or reject such application for transfer of ownership of AutoGen PLUS at its sole discretion.
Section 3: General Terms and Conditions
eAutoGen reserves the right at any time, at its sole and absolute discretion, to change, amend or otherwise modify these Terms without prior notice by posting the relevant amended Terms 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 these
AutoGen PLUS is limited and only valid in Malaysia.
Any and all disputes, controversies and conflicts (“Disputes”) arising out of the AutoGen PLUS and all subject matter with regard to the AutoGen PLUS shall be governed by the laws of Malaysia. Unless and otherwise required by the Applicable Laws, any dispute, controversy, claim or difference of any kind whatsoever 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 before a judge or jury.
eAutoGen will not, under any circumstances or by whatsoever reason, be liable for any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limiting to losses incurred due to any delay in performing the obligations under these Terms and loss of use during the period that your Car is at the Panel Workshop(s) or eAutoGen Authorised Partner, and/or while awaiting repair.
eAutoGen shall assume no responsibility and shall not be liable for any unauthorized or unlawful interception or modification of any communication between you and eAutoGen (whether by electronic mail or otherwise), or for any loss or damage arising thereby (including but not limited to any loss or damage arising out of the unauthorized or fraudulent use of any information contained in or made accessible via such communication).
eAutoGen may without prior notice to the Customer, immediately terminate, suspend or revoke any all of the Customer rights granted under these Terms. Upon any termination of these Terms, the Customer shall immediately cease all access to and use of this Site and/or Services in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. eAutoGen shall not be liable to the Customer or to any other person as a result of any such suspension, revocation or termination.
The Customer agrees to defend, indemnify (and keep indemnified) and hold eAutoGen and its affiliates, and their agents, directors, officers, employees, successors and/or assignees, harmless from and against any claims, liabilities, damages, costs, judgments, losses or expenses (including reasonable legal fees on a full indemnity basis), arising out of or in connection with the Customer’s violation or breach of any terms, conditions, representations and warranties of these Terms, including warranty with respect to the AutoGen PLUS or any Applicable Laws, including any local laws or ordinances, whether or not referenced herein.
The Parties hereby acknowledge that such other policies and terms that may be prescribed and/or published by eAutoGen from time to time shall constitute an integral part of these Terms.
eAutoGen places great value on its Customers’ satisfaction and to take complaints seriously. eAutoGen aims to respond to the Customer at the soonest possible time. Should you have any inquiries or complaints relating to these Terms, the use of this Site, Services and/or AutoGen PLUS, please contact our customer service at +603-7931 3663 or cs@eAutoGen.my.