Terms & Conditions
POMEN Autodata Sdn Bhd (“POMEN”, incorporated under the Malaysia Companies Act, 2016, having its registered office at 4-2-03, D’Vida Business Park, Jalan Bazar U8/100, Bukit Jelutong, 40150 Shah Alam, Selangor MALAYSIA, operating under the trademarked name “POMEN”, provides automotive software, aggregation platform and car services including maintenance, breakdown, repair, towing and etc. The use and access of our website www.pomenapp.com or www.pomen.io (“Website”), and our mobile applications “POMEN App” (“Applications”), or any products or services in connection with the Application or Website (“Services”) shall be governed by these terms and conditions (“Terms”). The Website and Applications are together called the “Platform”.
These terms constitute a legally binding and enforceable agreement between POMEN (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the Platform to browse and/or avail the Services displayed by us on the Platform. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access or stop your use or access of our Services. These Terms expressly supersede prior written agreements with you. The Company requests the User to carefully go through these terms & conditions (“Terms and Conditions” or “Terms”) prior to access, sign up, subscribe the Platform or any Services (as defined below) using the Platform.
The Company reserves the right, in its sole discretion, to change, modify or amend the Terms for complying with the legal or regulatory framework and for other legitimate business purposes, at any time, and the Company will post the amended Terms. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The Company shall not be under an obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the Platform, Content (as defined below) and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the updated Terms and Conditions. Any reference to Terms and Conditions, made herein shall refer to the latest version of the Terms and Conditions.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your Content” or “User Content” means Content that you upload, share or transmit, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “POMEN Content” means Content that the Company creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content.
“Estimated Cost” will include the service provider’s approximation of what the Service is likely to cost. The purpose of cost estimation is to predict the quantity, cost, and price of the resources required to complete a job.
“Subscription Plan(s)” means subscription or other kinds of membership offers provided by the Company to Users from time to time through online or offline media. The terms, conditions and prices of such plans shall be communicated through the applicable media at the time of issuance of such offers.
“Service(s)” means services provided through the Platform, as described in further detail under Clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean any individual who owns a car (primarily out of the manufacture warranty period) in urban centers especially metros, who is desirous of availing Services on the Platform as and who are registered on the Platform for this purpose.
The Services constitute a technology platform that enables Users of the Company’s Platform, provided as part of the Services, to arrange and schedule repair or maintenance services for your car with independent third-party providers. Once you submit a request, we may provide you with a list of possible service providers along with their experience information.
The Company also provides towing service to get your vehicle out of the situation and back on road on a chargeable basis.
You acknowledge that the Company does not provide any repair and maintenance services for its customers and that all such above stated services are provided by other independent third-party contractors who are not employed by the Company.
You acknowledge that even after accepting and/or confirming an appointment for service/repair of your car, the Company cannot guarantee its availability. At the time of your appointment request to the Company, the Company will make reasonable efforts to connect you with the independent third-party service provider so that you can avail automobile repair service at or near your location.
You acknowledge that the cost and time period for the services/repairs are estimated in accordance with your request and are proximate in nature.
You hereby represent and warrant that you are eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with the Terms stated therein.
You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable laws, and in a manner that does not violate our legal rights or those of any third-parties.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to act on behalf of your organization.
USE OF SERVICES
Following sign-up, we will make certain Services available to you free of charge. The Services will include the ability to search for service providers for automotive repair or servicing work, the ability to view detailed profiles of service providers and their service prices and rating information, and the ability to post feedback and ratings in relation to any service provider you have used as a result of your use of the Platform. We reserve the right to add, change or remove Services from our Platform at any time, and may make certain Services chargeable at our discretion.
You must only book a Service if you have a genuine requirement for the work detailed to be performed. You must only post feedback in relation to a service provider if you have availed Service from them as a result of your use of the Platform.
The Company offers an email as well as phone call based support system along with an online knowledge pool of FAQs. In case you require any assistance or support, you may access support resources or contact our support by emailing at [email protected] .
The Company shall revert to every complaint at the earliest upon receipt of the complaint during the business days. Further, the Company shall take the best possible efforts to redress the complaint within 7 days of receipt of the complaint. Any suggestions by the Company regarding the use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by the Company regarding the use of the Service shall not be construed as a warranty.
The Company shall take reasonable care and measures required for the safety of your car in our possession. In the event, the User’s car is stolen while in the possession of the Company, the Company will take all reasonable measures and extend necessary support to the User for recovering their car, such as, promptly informing the User of the occurrence of the theft, immediately report the theft to the nearest police station, co-operate and aid the local authorities to recover the vehicle, etc.
PROHIBITED USAGE OF THE PLATFORM
Users shall be prohibited from carrying out any illegal activity in the Platform including but not limited to acts mentioned are violating or attempting to violate the integrity or security of the Platform; transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services; intentionally submitting on the Platform any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform; circumventing or disabling any digital rights management, usage rules, or other security features of the Platform. Any unlawful activities on the Platform are prohibited by the laws of Malaysia.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer by us. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the User or where the User has consented to data transfer.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Platform or otherwise disclosed, submitted or offered in connection with your use of the Platform (collectively, the “Comments“) shall be and remain Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any User Comments.
You agree that no Comments submitted by you to the Platform will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Platform will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our service on the Platform. We may terminate or restrict your use of our Platform and Services if you violate these Terms or engage in any illegal or fraudulent use of our Platform or Services.
You agree that neither you nor anyone acting on your behalf, will directly or indirectly, publish, post, or otherwise issue any defamatory comments or remarks, in writing, orally or electronic format, against the Company, and its respective employees, clients, operations or services. Any violation of these Terms or intimidation for such will make you liable to compensate the Company for losses caused due to such acts of yours. In order to recover the damages and losses and prosecute you for illegal defamation, the Company shall be entitled to initiate civil and/or criminal proceedings against you as per the appropriate law, by the Company.
You represent and warrant that any information provided by you in connection with your use of the Platform is and shall remain true, accurate and complete and that you will maintain and update such information regularly. You agree that if any information you provide to us is false, inaccurate, obsolete or incomplete, we may terminate your use of and access to the Platform.
Subject to applicable laws, the Company may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, the Company shall have the right to share such data with relevant agencies or bodies.
INTELLECTUAL PROPERTY RIGHTS
The Platform is designed, updated and maintained independently by the Company. When you access the Platform, you do so under a license granted from us. All rights, titled and interest in text, graphics, audio, design and other works on the Platform together with all the intellectual property related thereto including inter alia the domain name, copyrights, the look and feel of the Platform, the trade name and trademarks, patents and designs are the sole property of the Company or its licensors. All third-party trademarks and brand names that appear on the Platform are the property of their respective owners. Content on the Platform is for personal use only, unless permitted otherwise. Any alteration of the material or use of the material contained in the Platform for any commercial purpose is a violation of the intellectual property of the Company and/or its affiliates or associates or of its third-party information providers. We reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security or proper administration of the service.
You acknowledge and agree that through your use of the Platform or by availing any Services through or at the Platform, no right (empress or implied) is granted to you in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case, solely in connection with your use of the Services. The Company and its licensors reserve all rights not expressly granted herein.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The Platform and the intellectual property rights vested therein are owned by the Company.
LIMITATION OF LIABILITY
The Company does not warrant that the results that are obtained from the use of the Service will be accurate or reliable. You agree that except as expressly stated by the Company, the Services and all the products provided/delivered to you through the Service are provided ‘as is’ and ‘as available for your use, and are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties. While we endeavour to ensure your access and use of the Platform is safe, we cannot and do not represent and warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, and/or otherwise meet your requirements.
In no case are our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.
The Company shall not be liable for any damages, liability or losses arising out of your use of or reliance on the Services or your inability to access or use the Services; or any transaction or relationship between you and any third-party provider or any delay or failure in performance resulting from causes beyond Company’s reasonable control.
EXEMPTIONS TO LIABILITY OF COMPANY
User further agrees and confirms that the Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your unavailability and/or unresponsiveness; your failure to provide accurate and complete information; your failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond the Company’s reasonable control.
User further agrees that the Company shall be only liable to provide assistance and cooperation in the event of theft or accident of the vehicles while in the premises of the service partners. The Company shall provide all requisite assistance in a timely manner in respect of any insurance claims, reporting to police and/or any other formal steps as may be required but shall not be liable to compensate the User for its loss unless the same is caused due to an act solely attributable to the Company or due to gross negligence of Company (and not the service partner).
You acknowledge that by using the Services, you may be subject to charges from a third-party service provider for the services you receive (“Charges“). The Company, as a limited payment collection agent for a third-party service provider, will facilitate your payment of the applicable Charges after you have received services through your use of the Service. The Charges will be handled as if you had directly paid the third-party service provider. All Charges will include all applicable taxes unless otherwise specified by law. Unless otherwise stated by the Company, all Charges paid by you are final and non-refundable.
The Charges may be updated or changed at any time as per the analysis of the third-party services provider or your new requests. The updated Charges shall be communicated to you by the Company and only upon your approval of the Charges, the services will be provided by the third-party service provider.
You acknowledge that the Charges from a third-party service provider shall be duly paid and on account of default in payment, the same shall be considered as a breach of these terms. In the event you commit such a default/breach, you shall be liable to pay the liquidated damages of an amount equivalent to the value of the said services. You hereby authorize the Company to deduct or collect the amount payable as liquidated damages through such means as the Company may exercise.
You acknowledge that you will be liable for the payment of towing services provided by the Company as per the Company’s Charges.
Subscription Plans will be offered by the company from time to time through its website, app, social and print media. You can purchase the membership through the Platform by adding it into the cart, checking out and making the payment.
The Company reserves the right to alter/modify/suspend/discontinue any terms and conditions associated with the Fee including but not limited to the period, rate, services included in the membership. Further, the Company shall give you notice of any change made to the features of the membership prior to the expiry of the same. We will provide you with advance notice of any change in Fees.
In the event the User fails to collect their car at the agreed date of delivery, the Company shall arrange for the storage of the car at the User’s risk and expense.
Payment for the Services by the Users may be processed through the third-party internet payment service providers. By purchasing any Services through the Platform, the User hereby consents and agrees to abide by such third-party Internet payment service providers’ applicable terms and conditions and privacy policies. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Platform.
Additionally, we have no authority over, or liability for, the delivery, safety, legality or any other such aspect of transactions or services availed by the Users through the third-party internet payment service providers. The Company will not be responsible for ensuring that any third-party internet payment service provider the Users operate with, will carry out the complete transaction, or has the appropriate authority to do so. In the event, the Users experience any disruptions or problems while making the payment for the Services through the third-party internet payment service providers, or if the User has a dispute with such third-party internet payment service providers, the User should resolve the disruptions, problems or disputes directly with that third-party internet payment service provider.
CANCELLATION AND REFUND
You can easily cancel your request for the normal booking. There are no cancellation fees, though no refunds are provided for prorated periods.
For already paid booking, refunds and cancellations will only be allowed before seven days of the service date. If you cancel anytime under seven days leading up to your service date then no refund will be provided instead it will go to your credit and can be used anytime under the new booking. For cancellations and refunds please email [email protected] with the subject field as refund and cancellation along with your name and vehicle registration.
Example : REFUND & BOOKING CANCELLATION – VICTOR – WUH828
Refunds will be made onto the original mode of payment and will be processed within 14 to 30 days depends on the issuing bank of the credit card.
The Services are provided “as is”, “with all faults”, and “as available”. You agree that your use of the services shall be at your sole risk. We do not guarantee that users will be able to access the Services at all times or places, that we will have adequate capacity for all users, or that the services will be operable with your equipment.
To the fullest extent permitted by law, we, our officers, directors, employees, and agents disclaim all warranties, express or implied, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement.
We make no warranties or representations about the content of any web sites linked to the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or services provided, advertised or offered by a third party through the services or any linked web site or featured in any advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party.
The Services are offered by us from Malaysia. We make no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Users are aware that being a platform all the job will be done by a 3rd party service provider appointed or registered by the company. All warranty and guarantee responsibilities for the job done by the service provider will be hold by the service provider.
In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms, any claims or any disputes arising out of or pursuant to these terms, the same shall be referred to a sole arbitrator who shall be appointed by mutual consent.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Malaysia.
Severability: If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of these Terms will remain in effect. If a part of an unlawful or unenforceable provision could be made lawful or enforceable if that part were removed, the rest of the provision will remain in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
The Company provides these Terms so that you are aware of the Terms that apply to your use of the Platform and Services. You acknowledge that the Company has given you a reasonable opportunity to review these Terms and you have agreed to them.
The Terms and Conditions are personal to you and are not assignable or transferable by you except with Company’s prior written consent. The company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or 2 days after it is sent, if sent for next day delivery by recognized overnight delivery service.
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
The Company may terminate your usage of the Platform or any Service at any time for any reason, including breach of the Terms and Conditions. The Company has the right (but not the obligation) to refuse to grant access to the Platform. Except for the rights and licenses granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User.
You may terminate these terms at any time, for any reason. The obligations and liabilities incurrent by the parties prior to the termination date, for all intents and purposes, will survive the termination of these Terms. These Terms will remain in effect until either you or we terminate them. If you fail, or we suspect you have failed, to comply with any term or provision of these Terms, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services and Platform; or your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of obtaining feedback in relation to Platform or our Services; obtaining feedback in relation to any other Users listed on the Platform; or resolving any complaints, information, or queries by other Users regarding your critical Content.
You agree to provide your fullest co-operation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.