THIS USER TERMS OF SERVICE IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BATTERY4U SDN BHD.
Acceptance of the Terms of UseThese terms of use are entered into by and between you and BATTERY4U SDN. BHD. (the “Company,” “BateriHub”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of our website and/or App, including any subdomains and any content, functionality and services offered on, by or through it or them (the “App”).
Please read the Terms of Use carefully before you use the App and/or Site. By using the App and/or Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (the “Privacy Policy”), which can be found at our website and/or App and is incorporated herein by reference. If you do not want to agree to these Terms of Use (including, without limitation, the Privacy Policy incorporated by reference), you must not access or use the Site and/or App.
By using or accessing BateriHub, you acknowledge that you have fully read and understood, agree and accept to be bound by all the terms of service of this agreement. If you do NOT agree to or fall within the Terms of Use and wish to discontinue using the Service, please do not proceed with the use of BateriHub.
BATTERY4U Sdn. Bhd. reserves the right to amend the stipulations of the terms of service at any time. BateriHub will be given Twenty-One (21) days to communicate the revision via platforms that BateriHub deems appropriate. Changes to the Terms of UseWe reserve the right to modify these Terms of Use from time to time in our sole discretion. The date the Terms of Use were last revised is identified at the top of the page. All modifications are effective immediately when we post them and apply to all access to and use of the App and/or Site thereafter. Your continued use of the App and/or Site following the posting of revised Terms of Use means that you accept and agree to the modifications. You are expected to check this page frequently so you are aware of any modifications, as they are binding on you.
1.0 Definition
“Agreement” refers to this general User Terms of Service that may be included by the owning party from time to time, along with any schedule or appendices applied by subsequent parties or whichever may be applicable.
“BateriHub” refers Battery4u Sdn. Bhd. (company number: 1307864-K), a company incorporated in Malaysia having its registered address at No.94, Jalan 4, Pandan Indah, 55100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur.
“User” refers to any user who use or access with BateriHub app or site.
“BateriHub” refers to the Automotive Service Platform for automotive-related services.
2.0 The Service
BateriHub uses numerous integrations and platforms that provide convenience and peace of mind to both businesses and direct consumers alike to manage automotive and appointments. It allows users to schedule an appointment to service the vehicle that is provided in the platform.
BateriHub uses commercially reasonable efforts to respond to fix any errors as reported by our customers.
3.0 Changes
BateriHub reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to the User. The amended Terms and Conditions of this agreement shall be effective immediately after they are initially posted on the Site or App. User’s continued use of the Service after the posting of the amended Terms on the Site or App constitutes User’s affirmative:
(a) acknowledgment of the Terms and their modifications; and
(b) agreement to abide and be bound by the Terms, as amended.
User acknowledges and agrees that BateriHub shall not be liable to User or any third party in the event that BateriHub exercises its right to modify or discontinue all or part of the Service. You can view the most recent version of these Terms at any time here.
4.0 Registration
In order to access the Services, users will need to select a service plan by contacting BateriHub’s team. By electing to use these services, users commit to providing true, accurate, current, and complete information about themselves as prompted by any registration form for the Service, (such information being the “Registration Data”), and users agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
If users provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate the user’s account and refuse to offer them any and all current or future use of the Services or the Site.
Users agree to notify BateriHub immediately if they suspect any unauthorized use of their account. Users are solely responsible for any and all use of their accounts by any third party.
5.0 Privacy Policy
We respect the user’s privacy and the use and protection of their Personal Information. BateriHub collects certain personal information at the time of service registration. Such information and data collected by us about the User will be treated as confidential and protected and used by us in accordance with our privacy policy. Users can review the most current version of our Privacy Policy at any time here.
6.0 User Obligation
6.1 Accurate information
Users warrants and affirms that all information provided for service registration and/or in relations to the creation of user’s account is true, complete and accurate and that user will promptly inform BateriHub of any changes to such information by updating the user’s details.
6.2 Contents on the Application, Website and Services
It is the user’s responsibility to ensure that any products, services or information available through the App and/or Site or the Service meet user’s specific requirements.
6.3 Restrictions
Without limitation, user affirms to not use or permit anyone to use the Services, App and/or Site:
6.3.1 to send or receive any material which is not civil or tasteful;
6.3.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.3.3 to send or receive any material for which user have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.3.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.3.5 to cause annoyance, inconvenience or needless anxiety;
6.3.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.3.7 for a purpose other than which we have designed them or intended them to be used;
6.3.8 for any fraudulent purpose;
6.3.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
6.3.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
6.4 Forbidden Uses
The following use of the Services, the Application and/or Website are expressly prohibited, and user affirms not to do (or to permit anyone else) any of the following:
6.4.1 resale of any product;
6.4.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
6.4.3 attempting to circumvent BATERIHUB’s security or network including accessing data not intended for user, logging into a server or account user are not expressly authorized to access, or probing the security of other networks (such as running a port scan);
6.4.4 accessing the Services, App and/or Site in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
6.4.5 executing any form of network monitoring which will intercept data not intended for User;
6.4.6 sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. User are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, User may not send that person any further email;
6.4.7 creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
6.4.8 sending malicious email, including flooding a user or site with very large or numerous emails;
6.4.9 entering into fraudulent interactions or transactions with BateriHub or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where User have no authority to bind that third party or User are pretending to be a third party);
6.4.10 using the Services, App and/or Site (or any relevant functionality of either of them) in breach of this Terms and Conditions;
6.4.11 unauthorized use, or forging, of mail header information;
6.4.12 engage in any unlawful activity in connection with the use of the App, Site and/or the Services or any Deals; or
6.4.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the App, Site and/or Service.
7.0 License
The BateriHub Products/website content are copyrighted and any unauthorized use of any such copyrighted content may violate copyright, trademark, and other laws. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:
Modify, decompile, reverse engineer, or disassemble content or associated software;
Remove any copyright or other proprietary notices from the content;
Copy any part of the content, or the content in a whole, without prior authorization from BateriHub.
8.0 Service Rules
8.1 BateriHub will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, BATERIHUB does not guarantee that the Services, App or the Site will be free of faults (or Deals will be free of error) and BateriHub do not accept liability for any errors or omissions. In the event of an error or fault, Users should direct it via hotline through: 1700-81-6081 or email through: [email protected]
8.2 BateriHub does not warrant that User’s use of the Services, App and/or the Site will be uninterrupted and BateriHub does not warrant that any information (or messages) transmitted via the Services App and/or the Site will be transmitted accurately, reliably, in a timely manner or at all.
8.3 BateriHub restricts giving any warranty that the Services App and/or the Site is free from viruses or anything else which may have a harmful effect on any technology.
8.4 BateriHub will use reasonable efforts to allow uninterrupted access to the Services and the Web App and/or the Site, however we shall not be held liable in the event access to the Services App and/or the Site may be suspended, restricted or terminated at any time.
8.5 BateriHub reserve the right to change, modify, substitute, suspend or remove without notice any information or Deals or Services or forming part of the Services from time to time. User’s access to the Services, App and/or the Site may also be occasionally restricted to allow for repairs, maintenance or the introduction of new features or services. BateriHub will attempt to restore such access in a timely manner. BateriHub will assume no responsibility for functionality which is dependent on a User’s browser or other third-party software to operate (including, without limitation, RSS feeds). Further, BateriHub may also withdraw any information or Deals from the Service, App and/or the Site at any time.
8.6 BateriHub reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms and Conditions.
9.0 Indemnity
User agrees to indemnify and hold BateriHub, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content User submit, post to, transmit or make available through the Service, User’s usage of the BateriHub, Service and Website, User’s violation of the Terms of Service, User’s violation of any rights of any other person, or User breach of any applicable law or regulation. User shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against BateriHub arising from the above claims, and shall provide BateriHub with a notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at a User’s sole expense.
10.0 Disclaimer
10.1 All content which is available on this Application and/or website and the services herein are provided on an “as is” and “as available” basis and are strictly meant for a User’s reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes unless expressly provided. BateriHub hereby disclaims all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and/or arising from a course of dealing, usage, or trade practice. Any form of reference to a non-BateriHub product or service is for information purposes only and shall constitute neither an endorsement nor a recommendation.
10.2 BateriHub also will not warrant that this Application and/or website, the services herein and the content will meet user’s requirements.
10.3 Users are solely responsible for making their own assessment when accessing and using this Application and/or website, the services herein, and/or the content and you agree that their access and use thereof shall always be at their sole risk.
10.4 Notwithstanding, the generality of this Terms of Service, BateriHub shall not, at any time whatsoever, be liable to a User or any other individual for any damage or loss suffered (including all direct, indirect, special, incidental or consequential damages, economic loss, loss of profits or loss of opportunity) arising from any
(a) Usage or inability to use this App and/or Website;
(b) Usage of any BateriHub’s products and/or services; and/or
(c) Use or reliance on any information present; even if BateriHub has been advised of the possibility of such damage or loss.
10.5 This Application and/or website may contain links to third-party sites, products and/or services. Access to any other internet site linked to this Application and/or website is at the user’s own risk and BateriHub is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. BateriHub provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
11.0 Limitation on Liability
You acknowledge that BateriHub will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if BateriHub has been advised of the possibility of such damages), resulting from or related to the use or inability to use the BateriHub Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law.
The BateriHub Site contains links to, and is linked from, other non-BateriHub Web sites. BateriHub makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.
12.0 Miscellaneous
This Agreement constitutes the entire agreement between BateriHub and you with respect to your use of the BateriHub App and/or Site. Any cause of action you may have with respect to your use of the BateriHub App and/or Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to BateriHub. The failure of BateriHub to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
13.0 Waiver and Severability
No waiver of or by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
14.0 Retention
We’ll retain the information you provide for so long as we need it to provide you with the Services. If you delete your account, we’ll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
15.0 Intellectual Property Rights
15.1 All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs) whether registered or unregistered) in the Service, App and/or Site, information content on the Site and/or App or accessed as part of the Service, any database operated by us and all the Application and/or website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the sole and exclusive of our property (or that of our franchisors). User shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
15.2 None of the materials may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. User may, however, retrieve and display the content of the Site and/or App on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for user’s own personal, non-commercial use, provided Users keep intact all and any copyright and proprietary notices. User may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Application and/or Website without our permission.
15.3 All rights (including goodwill and, where relevant, trademarks) in the trade name of BateriHub is owned by us (or our franchisors). Other product and company names mentioned on the App and/or Site are the trademarks or registered trademarks of their respective owners.
15.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives User no rights to such content.
15.5 The authors of the literary and artistic works in the pages on the App and/or Site have asserted their moral rights to be identified as the author of those works.
15.6 Subject to Clause 10.7, any material User transmit or post or submit to the Application and/or Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to BateriHub obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which a User supplies to BateriHub from whatever source (i.e. via email, the Application and/or Website or otherwise), a User automatically grants us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
15.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to BateriHub by a User; or (ii) in response to solicitations by us regarding the Service App and/or Site; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and Users hereby, assign by way of present and future assignment all intellectual property rights in Ideas, to BateriHub. Users understand and acknowledge that BateriHub will encompass both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas that BateriHub is only willing to consider Ideas on these terms. In any event, an idea not submitted in confidence and BateriHub assume no obligation, express or implied by considering it. Without limitation, BateriHub shall exclusively own all now known or hereafter, existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
16.0 Termination
16.1 If BateriHub has a reasonable suspicion that a User may have engaged in any form of restricted activities as set out in Section 3 above or may be in breach of any of the representations, warranties, Terms of Service, BateriHub may, without any liability to Users, take the following action(s) as BateriHub deem necessary:
– Report any suspicious or illegal activity to the relevant authorities;
– Cancel or refuse any Transactions;
– Suspend or close a user’s account or terminate this Terms of Service and/or the Services or part thereof provided to users;
– Apply, at BateriHub’s sole discretion, prevention and detection procedures and refuse
– Take further steps as, in BateriHub’s reasonable discretion, may deem necessary, including taking legal action against users.
16.2 BateriHub shall not be prejudiced in any way to exercise the right to terminate this Terms of Service despite the suspension of the Services with respect to a particular breach made by a User.
16.3 Notwithstanding anything to the contrary, BateriHub may at any time, for any reason whatsoever and without any liability to adhere the following to Users:
– Suspend the Services or part thereof provided to Users; and/or
– Terminate this Agreement and/or the Services or part thereof provided to Users, by giving written notice to Users
16.4 In the event of the suspension of user’s Account and/or Services and user thereafter has made a request for reactivation of the same, BateriHub may at its absolute discretion re-activate the Account and/or Services subject to any requirements as may be determined by BateriHub. In such circumstances, a User agrees that BateriHub shall not be liable to Users in relation to any inability to access an Account or the Services or any part thereof.
16.5 User can request for their account to be suspended or make an in-app request to the BateriHub’s customer service team via our Application and/or website. To execute this, further validation will be required to authenticate the user.
16.6 Notwithstanding the termination of this Terms and Conditions for any reason, this shall not release User from any liability which, at the time of such termination, has already accrued to BateriHub or which is attributable to a period prior to such termination nor shall it preclude BateriHub from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.
16.7 Your use of the App and/or Site after the time Changes are posted indicates your assent to the Changes. BateriHub may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the App and/or Site. Upon termination, you must immediately destroy any downloaded and/or printed BateriHub Content, and any installations thereof, which you have obtained from the App and/or Site.
17.0 Warranty Policy
17.1 Warranty offered starts at the date of purchase.
17.2 Warranty coverage is based on the duration since the date of purchase.
17.3 Walk-in warranties are available during operating hours at BateriHub HQ and branches. Products are required to be checked by BateriHub’s technician for diagnostic testing with our tools before claiming warranty. Hence, warranty replacements are only offered when the purchased product has been checked by a BateriHub technician and deemed defective, unable to start the vehicle.
17.4 Warranty Is void if the product is due user negligence (forgot to switch off lights, infrequent driving, etc) and any other external factors that causes the car battery to be discharged (modification, current leak, weak alternator etc).
17.5 Contact BateriHub team via hotline through: 1700-81-6081, for a detailed warranty procedure guides.
18.0 Additional Information
17.1 We accept on-site payments in cash. Credit card, Debit card, Online transfers and QRpay payments are accepted, subject to availability.
17.2 Price quoted is inclusive of the old battery trade-in discount.
17.3 We will inspect your battery before replacing it. If a jumpstart or diagnostics is all that’s required, there will be an RM50 charge for the service.
17.4 Minimum service charge: If BateriHub’s technician, has been called to your location but is unable to provide battery assist service, due to reasons beyond his control (for example, the battery is in good condition but the alternator problem), you shall be responsible to pay a minimum service charge of RM30.
17.5 Car batteries for Diesel Vehicles (Truck, Lorry, Four-Wheel Drive, etc), Commercial Vehicles (Taxi, Grab, Lalamove, etc), and Forklift will be warranted for six (06) months only.
17.6 Free delivery and free installation are only eligible for the purchase of car batteries that are delivered by BateriHub’s technician within BateriHub’s coverage area.
19.0 Entire Agreement
The Terms of Use (including, without limitation, the Privacy Policy incorporated by reference) constitutes the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
20.0 Governing Law
These Terms shall be governed by and construed in accordance with laws of Malaysia without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. User hereby consents to the personal jurisdiction of the courts located in The District Court of Malaysia.
21.0 Contact Us
For any questions or concerns relating to this Notice, or our data protection practices, or to make an Individual Rights Request, please contact us at:
BATERIHUB HQ
No. 93, Jalan Pandan Indah Industrial Park, Pandan Indah, 55100 Kuala Lumpur, Selangor.