TOP TREND AUTOPARTS SOLUTIONS SDN BHD

Website Terms of Use

Welcome to our Qparts2U portal, the site linking quality parts seeking people with professional parts merchants. If you continue to browse and use this portal, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern your relationship with Top Trend Autoparts Solutions Sdn Bhd in relation to this portal. If you disagree with any part of these terms and conditions, please do not use our portal.

The term 'Top Trend Autoparts Solutions Sdn Bhd' or 'us' or 'we' refers to the owner of the Qparts2U portal whose registered office is located at A-3-9, Avenue 8, Jalan 8/1, Section 8, 46050 Petaling Jaya, Selangor Darul Eshan, Malaysia. Our company registration number is 1208716-T and registered in Malaysia.

The term 'you' refers to the user or viewer of our portal.

The use of this portal is subject to the following terms of use:

The information contained in this website is for general information purposes only. It is subject to change without notice.The information is provided by Top Trend Autoparts Solutions Sdn Bhd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the portal or the information, products, services, or related graphics contained on the portal for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this portal.

Every effort is made to keep the portal up and running smoothly. However, Top Trend Autoparts Solutions Sdn Bhd takes no responsibility for, and will not be liable for, the portal being temporarily unavailable due to technical issues beyond our control.

Materials Provided To/Posted at Qparts2U

An application to use any services through this portal provides Top Trend Autoparts Solutions Sdn Bhd with an automatic and irrevocable right to conduct status verification on you, the applicant and your Company from any reference agencies, authorities or other relevant sources and shall permit the Top Trend Autoparts Solutions Sdn Bhd to obtain, verify, exchange, disclose and release any information so obtained or possessed at any time and from time to time at the Top Trend Autoparts Solutions Sdn Bhd's sole discretion to any party without further reference to the applicant.

You acknowledge and agree that Top Trend Autoparts Solutions Sdn Bhd shall not be liable to you or any party at all times regarding any matters arising from the above consent and authorisation. The lodgement of an application for any services does not guarantee the approval of the application as it will have to be assessed by the relevant governmental and/or industry regulatory agencies and departments.

That the particulars provided by you in the application form and enclosures or attachments are true and accurate. Top Trend Autoparts Solutions Sdn Bhd shall immediately terminate an approval to use the services of this portal and may commence legal prosecution, if it discovers that the information provided by you is false or misleading or if you have suppressed material information relevant for the approval to use the portal services.

These current terms and conditions supersede any previous terms and conditions you may have received or accessed to date via the portal. Your continued use and/or access of the services will be deemed to be your acceptance of these current terms and conditions.

Scope of Services

  1. Qparts2U offers information of various parts merchants about their quality spare parts which are either new, used or remanufactured parts. In addition, users are offered to use the Qparts2U platform to make inquiries without commitment relating to quality parts of these parts dealers registered with Qparts2U and these inquiries may result in purchase orders.
  2. Qparts2U shall not be responsible in the course of rendering its services for (a) the completeness of the spare parts entered into its database (b) the completeness and accuracy of the data and information provided by the parts dealers (including their respective general terms and conditions) since the compilation of these data is beyond the control of Top Trend Autoparts Solutions Sdn Bhd. Whenever any deficiency regarding the data should become apparent, Top Trend Autoparts Solutions Sdn Bhd will immediately inform the part merchant concerned and make corrected data available. All spare part prices displayed are recommended retail prices specified by the parts merchants.
  3. The QParts2U.com concept is understood as an offer to facilitate the flow of information from the parts merchants to the actors in the aftermarket such as, for example, spare part dealers, workshop service providers and individual vehicle owners. The parties enter into a business relationship by the buyer sending an inquiry without commitment and the seller merchant accepting the inquiry. Any subsequent conclusion of contract, delivery and payment of the spare parts between the users (prospective buyers and seller merchants) is beyond the responsibility of Qparts2u.
  4. Qparts2U itself offers neither spare parts nor information beyond the contents of the database.
  5. Qparts2U.com offers users registering as part merchants to make their general terms and conditions, purchasing and shipping modes available for access via the menu option.

Links

From time to time, Top Trend Autoparts Solutions Sdn Bhd may provide links to other websites. These links are provided for your convenience to provide further information. Such linked websites are owned and operated by third parties and Top Trend Autoparts Solutions Sdn Bhd has no control over such sites and resources. You acknowledge and agree that Top Trend Autoparts Solutions Sdn Bhd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Top Trend Autoparts Solutions Sdn Bhd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such sites or resources.

User's Obligations

  1. The user confirms that the input and messages submitted by the user do not violate any legal provisions or rights of third parties and that they will not have any adverse effects on the data or the data processing system of Qparts2U. In particular, the user is prohibited to offer or request information or data that would violate any criminal law or other legal provisions or the commerce of which is prohibited or subject to permission.
  2. Users are not permitted to reproduce, to save in other media, to distribute or to change the information, data, drawings, specifications and documentations ("Qparts2U-material") integrated in Qparts2U. Access to the QParts2U-material via automated processes (e.g. robots, spider tools etc.) is prohibited. Individual pages may only be printed or saved for personal use.

Merchant’s Obligations

  1. Merchant shall list and sell any Products that (i) they are able to demonstrate that it has the legal right to transfer their ownership to the buyer; and (ii) are not illegal in Malaysia. Merchant is solely responsible for compliance with all applicable laws relating to the product standard compliance, advertisement, sale, export compliance and shipping of all Products.
  2. Merchants are obliged to process inquiries received via Qparts2U with due care and in due time, make inquiring persons aware of any obvious errors and handle the inquiry in the further course of the transaction in accordance with generally accepted business practices. However, there is no obligation to submit a purchase offer in response to an inquiry. If an inquiry should be rejected, the prospective buyer shall be informed accordingly without delay. The same shall apply in case of any changes, replacements or additions in the merchant's offer in relation to the prospective buyer's inquiry. A purchase order with binding effect shall only be created by the prospective buyer accepting an offer from the merchant.
  3. Merchants acknowledges that Qparts2U is not a party to any sale of any Products between Merchant and its buyer, and that Merchant is solely responsible for the accuracy and completeness of all Product Listings. Merchant warrants to Qparts2U and its buyer that all Submissions in any Product Listings will comply with these Terms.
  4. Merchant shall provide a standard 7-day return policy coverage begins on the date the part is received by the buyer and expires 10 days after that date. The receiving date can be found on the Seller’s Delivery Note as well as in the Despatch Confirmation email the Seller receive once the part has delivered. The standard 7-day return guarantee is strictly between the buyer and seller.

Notices and Declarations

  1. According to the nature of the platform, the sales contracts initiated via Qparts2U are concluded by means of electronic communications. This involves that the declarations of intent are usually made via e-mail.
  2. The users recognize the unrestricted validity of declarations of intent made in this manner subject to the following clauses:
    1. In the e-mail message, common information must neither be suppressed nor circumvented by anonymization, i.e. the message must include the name and the e-mail address of the sender, the time the message was sent (date and time) as well as a repetition of the sender’s name at the end of the message. Unless proven otherwise, an e-mail message received according to the criteria of this clause shall be deemed to originate from the other party.
    2. All messages shall be phrased in English language
  3. The user is obliged to take note of the messages addressed to the user at least once a week.
  4. Please direct any messages or declarations regarding these T&C to admin@toptrend.com.

Limitation of Liability

You expressly understand and agree that Top Trend Autoparts Solutions Sdn Bhd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill or other intangible losses resulting from:

  1. The use or inability to use the portal
  2. the cost of procurement of goods and services resulting from the use of this portal
  3. unauthorised access to or alteration of your transmission or data;
  4. statements or conduct of any third party on the portal; or
  5. Any other matter relating to the portal services.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this portal for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this portal is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this portal meet your specific requirements.

This portal contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than with our express written consent.

All trademarks reproduced in this portal, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this portal may give rise to a claim for damages and/or be a criminal offence.

Indemnification

  1. The user shall indemnify Top Trend Autoparts Solutions Sdn Bhd against any and all claims asserted by other users or other third parties against Top Trend Autoparts Solutions Sdn Bhd for any violation of their rights by contents published by the user on Qparts2U.com. The user shall bear all reasonable costs incurred by Top Trend Autoparts Solutions Sdn Bhd as a result of any violation of a third party's rights, including any reasonable expenses incurred for legal defence. All other rights as well as any claims for damages on the part of Top Trend Autoparts Solutions Sdn Bhd shall remain unaffected. The user shall be at liberty to prove that Top Trend Autoparts Solutions Sdn Bhd has actually incurred lower costs.
  2. If the user's contents should violate any rights of any third party, the user shall at the election of Top Trend Autoparts Solutions Sdn Bhd either procure the right to use the contents for Top Trend Autoparts Solutions Sdn Bhd at user's own expense or revise the contents in such a way that they are not subject to property rights.

Termination

Top Trend Autoparts Solutions Sdn Bhd may immediately terminate your access to any part or all of the service and any related service(s) at any time, with or without cause or with or without notice, . Top Trend Autoparts Solutions Sdn Bhd may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the service for an extended period of time. You agree that the Top Trend Autoparts Solutions Sdn Bhd shall not be liable to you or any third party for any termination of your access to the Service.

Modifications to Terms of Service

Top Trend Autoparts Solutions Sdn Bhd reserves the right at all times to vary, modify, delete or add to these Terms and Conditions without giving you prior notice thereof. Top Trend Autoparts Solution Sdn Bhd shall decide conclusively on which of the terms and conditions shall prevail should any inconsistencies arise in the terms and conditions in this portal. Such decision of ours shall be final, conclusive and binding on you, the applicant. It is accepted that in order to keep yourself up-to-date with any variation, modification, deletion or addition to these Terms and Conditions, you agree to access and peruse these Terms and Conditions periodically and on a regular basis. You further agree and accept that your continued access and use of these Terms and Condition (as varied or modified from time to time) will amount to your acceptance of any variation, deletion, modification or addition to these Terms and Conditions.

Modification to the Service

Top Trend Autoparts Solutions Sdn Bhd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Top Trend Autoparts Solutions Sdn Bhd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

General

The headings used in these Terms and Conditions are for reference and convenience only and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions.

If any provision of these Terms and Conditions is held to be illegal or invalid under present or future laws or regulations effective and applicable, such provision shall be fully severable and these Terms and Conditions shall be construed as if such illegal or invalid provision had never comprised part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full effect and force and shall not be affected by the illegal or invalid provision or its severance from these Terms and Conditions.

Data Protection and Security

Any and all personal data collected from the user are handled in compliance with the Malaysian data security legislation. Top Trend Autoparts Solutions Sdn Bhd is committed to the data privacy statement available at www.qparts2u.com/privacy.

Governing Law

These Terms of Use shall be governed and construed in accordance with laws of the Malaysia. Your access to this site subjects you to the exclusive jurisdiction of the Malaysian Courts. You further agree not to dispute the authenticity or accuracy of any information, statements, acknowledgements or records produced from your application or this portal, in any legal proceedings.