Own the New
terms & conditions
1.3 By accessing the Platform and/or using the Services, you agree to be bound by Proton X70 Online Booking Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Proton X70 Online Booking Terms and Conditions and contents of the Privacy Notice, do not access and/or use this Platform and/or the Services.
1.6 Buyer agrees to be bound by the official rules and regulations and decisions of PROTON.
2.0 OWNERSHIP, COPYRIGHTS AND TRADEMARKS
2.1 Perusahaan Otomobil Nasional Sdn Bhd (Company No. 100995-U) is the exclusive owner of PROTON service marks, including the name and logo of PROTON. The text, images, graphics, sound files, animation files, video files and their arrangement on the Platform and other internet sites are all subject to copyright and other intellectual property protection. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted. Some PROTON internet sites may also contain materials that are subject to the copyright rights of their providers.
2.2 Unless otherwise indicated, all marks displayed on PROTON internet sites, including the X70 Online Booking platform, are subject to the trademark rights of PROTON including, but not limited to, model name plates, corporate logos, product and corporate taglines as well as emblems.
3.0 TERMS OF SALE
3.1 Definition of terms used in subsequent clauses are as such:
“Booking Fee” means the monies paid in ‘Ringgit’ and the sign ‘RM’ which is the lawful currency of Malaysia using the Platform to book a Proton X70. The full amount of Booking Fee is RM1,000 inclusive of applicable sales and services tax unless stated otherwise in succeeding clauses;
“Buyer” or “Buyers” means the person(s) who place his/her/their booking of Proton X70 using the Platform;
“Conditions” means these Terms of Sale;
“Contract” means the contract formed when Seller accepts the booking of Proton X70 placed by Buyer on the Platform;
“Flash Booking” means the three-day period of booking starting from 10.00 a.m. on 17 October 2018 and ending at 11.59 p.m. on 19 October 2018 where Buyer needs to payRM99 as the initial Booking Fee via Platform;
“Gift X” means an exclusive ice cooler box valued at RM200 each for Flash Booking Buyers;
“Gift Y” means a branded dashboard camera valued at RM300 each for Flash Booking Buyers;
“Gift Z” means an exclusive 1:18 scale Proton X70 die-cast model valued at RM500 each for Privilege Booking Buyers;
“Next-of-kin” means father, mother, spouse, children or siblings of the Buyer. Relevant supporting document is required to prove the relationship stated;
“Official Cancellation” means cancellation request made in writing (electronic mails are accepted) to the respective PROTON Sales Advisor assigned to the Buyer;
“Platform” means the online booking platform which resides on URL www.proton.com/ProtonX70 and powered by Malayan Banking Berhad (MBB) online payment gateway.
“Privilege Booking” means the period of booking starting from 10.00 a.m. on 17 October 2018 and ending at 11.59 p.m. on a day before the official launch date of Proton X70 as will be announced by PROTON;
“Receipt” means a system-generated document to confirm that Booking Fee has been accepted by PROTON. It has all the necessary information such as full name, new NRIC number, telephone number, amount paid, preferred state, preferred city, date and time of payment made as well as gift(s) entitlement;
“Refund Period” means the number of days needed to have the Booking Fee refunded to Buyers. Under normal circumstances, Refunds can be completed within four (4) to six (6) weeks from the date of Official Cancellation is made;
“Refunds” means the amount to be refunded to Buyer in full when there is an Official Cancellation;
“Sales Outlet” means the designated outlets of PROTON which will be referred to by Sales Advisor to Buyer;
“Seller” means PROTON;
“Services” means the use of any services, information and functions made available by PROTON at the Platform.
7.5 Registration is non-transferable except to next-of-kin for hire purchase but the registered name has to be the same name as stated in hire purchase document or borrower.8.0 TERMS OF PAYMENT 8.1 Buyers shall be entitled to make payment of Booking Fee using the various payment methods made available on the Platform. When a Buyer places an order on the Platform, actual payment shall only be charged upon Seller’s acceptance of Buyer’s order when the system-generated official Receipt is issued. Buyer acknowledges that PROTON is entitled to collect the Booking Fee from the Buyer. 8.2 The payment methods may also be subject to the following terms: 8.2.1 Credit Card
Credit card payment option is available on the Platform for all Buyers. PROTON accepts all Visa and MasterCard credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards. Credit cards issued by foreign banks are not accepted. 8.2.2 Debit Card
PROTON accepts all Malaysian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards. 8.2.3 Charge Card
PROTON accepts Charge Cards such as American Express. 8.2.4 Online Transfer This payment option is not available. 8.2.5 Instalment Payments via Credit Card This payment method is not available on the Platform for the time being. However, Buyer may contact their respective banks for instalment payment or easy payment options using their Visa or MasterCard. 9.0 CANCELLATION AND REFUND OF BOOKING FEE 9.1 In the event Buyer wishes to cancel its Booking Fee whether it is made during Flash Booking or Privilege Booking, Buyer is advised to refer it to the Sales Advisor assigned to him/her. 9.2 In the event Buyer cancels its Booking Fee whether it is made during Flash Booking or Privilege Booking, before or after the official launch date, the Booking Fee will be refunded to Buyer in full based on the amount already paid by Buyer. 9.3 Refunds will be made to Customer within four (4) to six (6) weeks. 9.4 No gifts shall be given to any cancelled bookings. 9.5 If Buyer pays Booking Fee using Credit Card, Debit Card or Charge Card (collectively referred to as “Cards”), PROTON shall bear the impending fee chargeable by MBB to PROTON for the Cards’ transaction value. 9.6 In the event the Buyer cannot contact the assigned Sales Advisor for any reason whatsoever, Buyer is advised to contact PROTON via email firstname.lastname@example.org. 10.0 INQUIRIES 10.1 You can contact PROTON at email@example.com to provide your comments or to report your concerns with regards to Proton X70 Online Booking. 10.2 You can also submit your concern anonymously or confidentially by postal mail to us at the address below:
Sales Planning Division Level 1, PROTON Centre of Excellence KM33.8 Westbound Shah Alam Expressway 47600 Subang Jaya Selangor Darul Ehsan Malaysia
You may also indicate whether you are a shareholder, customer, supplier or other interested party. 11.0 USAGE POLICY 11.1 The Courts of Malaysia shall have exclusive jurisdiction in relation to the Proton X70 Online Booking Terms and Conditions of the agreement contained herein which shall be governed by and construed in accordance with the laws of Malaysia. 11.2 PROTON, and/or its group of companies, and/or their respective employees, officers, directors involved in this Platform and/or Services shall not be liable in anyway whatsoever for : (a) any expenses incurred by Buyers; (b) any sort of technical failure; (c) intervention by unauthorised parties during the Platform; (d) electronic or human errors in the administration of the Platform and/or Services and/or processing of Booking Fee; and (e) any Booking Fee that is lost, stolen wrongly paid or not received by PROTON. 11.3 By accessing the Platform and/or using Services, Buyer undertakes that he/she will not bring any claims, action or proceedings against PROTON and/or its group of companies involved in this Platform and/or Services, including its employees, officers, directors relating to this Platform and/or Services whether in contract or otherwise and PROTON and/or its group of companies shall not be liable for any loss, expense and/or damage in connection with the Platform and/or Services. 11.4 PROTON will not be liable for any direct, indirect, punitive, incidental, consequential or any other damages resulting from the use or inability to use the Platform or unauthorized access to the same. All use of this Platform shall be at the Buyer’s own risk. 11.5 PROTON shall not be in default of any of its obligation hereunder if the failure to perform the obligation is due to any event beyond PROTON’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. 11.6 PROTON DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE THOUGH WE WILL ENSURE REASONABLE MEASURES TO MAINTAIN ACCURACY OF ALL DATA PRESENTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROTON DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. 11.7 UNLESS EXPRESSLY STATED TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW, PROTON HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE AND ANY MATERIALS POSTED HEREIN, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.