Merchant Terms & Conditions

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Platforms (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and SERV TECHNOLOGY SDN. BHD. (Company No. 1239648-V) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the website or systems (the “Application”) supplied to you by the Company (collectively the “Platforms”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose to enable your to render your service (collectively, the “Service”) you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at  https://www.serv.my or notice through other means deem appropriate by the Company. 

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.serv.my.

THE COMPANY IS A TECHNOLOGY COMPANY. THE SERVICE OF THE COMPANY IS TO PROVIDE AN ONLINE WORKSHOP MANAGEMENT SYSTEM (“Drive-In”). THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY AUTOMOTIVE SERVICE PROVIDERS AND/OR ANY AUTOMOTIVE SERVICES PROVIDED TO YOU.

By using the Platform, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you at least own a registered company in Malaysia, or represent a company that is endorsed by a registration body in Malaysia. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Platform and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.  When using the Platform, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Platform.

 

You may only access the Platform using authorised means. It is your responsibility to check and ensure that you use the correct link, and offer the right Platform. The Company  will make reasonable efforts to keep the  Platform operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. 

 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time without notice. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the  Platform, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the the Platform or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Platform, or to implement advancements in science and technology or ensure the operability or the security of the Platform, legal and regulatory reasons.

 

The Company has no responsibility or liability for the deletion or failure to store any data, records,  messages and other communications or other Content maintained or transmitted by the Website/Mobile Application. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third party service provider, the Company or any third party as a result of any breach of the Terms of Use.

 

The Platform will be available for free, provided you fulfill all the requirements and adhere to the Term of Use,  except for certain type transactions as defined below. You will get free access to the Platform, and use of all the functions and features available, except for online payment, whereby the Company will impose a maximum MDR of 2% of the total transaction (subjected to agreement between both parties). 

 

Whenever your customer opted for online payment, the payments will be credited directly to the Company.  The Company will have no right to hold the money for any other reason, and will reimburse the amount due to you within a maximum time frame of T+7, after deducting necessary costs and charges.

 

Other relevant charges will be updated from time to time, with the reasonable time of notice will be given to you.



The Company did not offer any warranty for any usage of the Platform, service rendered or warranty promised by you to your customer. The company will hold no responsibility nor having any relation for any service defect, parts and quality issue, misrepresentation of information, payment dispute or other issue arises between you and your customer. You will be liable and responsible to all services rendered, or provided by you to your customer, or to the User who uses the Platform meant to receive service from you. You shall attend, and make necessary ratification or amended as requested by your customer whenever deem required and justified.  

 

The Company reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to termination of access to the Platform or reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

We may terminate your access to the Platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.  the Company at its discretion reserves the right to log off, or terminate accounts that are inactive, or continuously having bad rating and review from the customers. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

You may request to cancel or terminate your access to the Platform by serving 1 month notice to the company. The company is not responsible for storing or continuing to house data, information or provide any service once your access has been terminated. All the data  belongs to your account will be kept at the discretion of the company. Data may be extracted, there may be fees for data extraction at reasonable commercial rates.

 

You will be responsible for any liability, or any due payment to you by the third party, your customers or any associate related to you, while the Company will only be responsible to make all payment due to you upon termination of the Platform.

Our Site may contain links to third-party sites that are not owned or controlled by the Company. the Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

You shall indemnify and hold harmless the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  • Save as precluded by law, we will not be liable to you or any third party for any indirect, incidental, special, punitive or consequential loss, damage or expenses (including without limitation any loss of materials or data, interruption of service or wasted expenditure) howsoever arising out of your use of this Website/Mobile Application, the online service, the Platform and/or the goods, even if advised of the possibility of such damages. We shall have no liability to pay any money to you by way of compensation. The foregoing limitations shall apply regardless of theory under which such cause of action is brought, whether in contract, tort, warranty or otherwise.
  • The App and/or the Platform may be used by you to link into other applications, websites, resources and/or networks worldwide. SERV accepts no responsibility for the services, and you agree to conform to the acceptable use policies of such website, resources and/or networks. You agree that your use of each website, webpage and service is also subject to the terms and conditions, if any, contained within each website or webpage or attached to any products or services of these third parties. You shall comply with the said terms and conditions and fully indemnify and to hold SERV harmless from and against any claim resulting from your breach of any of the said terms and conditions.
  • The information contained in the Website/Mobile Application has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Goods you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your Website/Mobile Application Order.
  • The Company shall be under no liability in respect of any defect in the Goods arising from your use of the Goods, incompatibility with your vehicle or any misuse or alteration of the Goods.
  • Notwithstanding the above, nothing in these Website/Mobile Application Conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  • The Company does not warrant that this Website/Mobile Application will be uninterrupted or secure, or that this Website/Mobile Application will be free of viruses or other harmful components. The company makes no representations or warranties as to the timeliness, accuracy, completeness or reliability of this Website/Mobile Application or the service.
  • SERV will hold no liability for any service rendered by you. Any dispute, discrepancies, etc will be between you and the customer.

SERV Merchant’s Terms & Conditions was updated on July 20, 2020. SERV has the authority to update these Term of Use Policy at any time and any amendments may be made without notice to you. By proceeding to access or utilize Our Services after those corrections or changes become effective, you agree to be bound by the revised terms. In the event that you don't consent to the new Terms and Conditions, you may stop using the Website and/or Our Services.

All of our rights are reserved.