Terms of Use
Welcome to the WOS Dealer App ("App") of Bridgestone Tyre Sales (Malaysia) Sdn Bhd ("BSTM", "our", "we", "us"). Please read these Terms of Use ("Terms") carefully as they govern your use of the App.
By installing and using the App, you agree to comply with and be bound by the following terms and conditions of use, which shall govern BSTM's relationship with you in relation to the App. If you disagree with any part of these Terms, please discontinue your use of the App.
1. Your use of the App:
a. The contents accessible or found in the App is for your general information and use only. It is subject to change without notice.
b. Your use of any information or materials on the App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through the App meet your specific requirements.
c. You agree that you will not:
i. copy, translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part thereof to be combined with, or become incorporated in, any other programs;
ii. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things;
iii. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
iv. infringe our intellectual property rights or those of any third party in relation to your use of the App;
v. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
vi. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
vii. not collect or harvest any information or data from or through the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
d. You may not transfer the App or your access to the App to any other party. If you sell or otherwise dispose of any device on which the App is installed, you must remove the App from it before doing so.
e. If you download or install the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
2. Orders:
a. You are responsible for ensuring that the dimensions, measurements and requirements of the products are correct, prior to submitting your order through the App. To submit an order, you will need to select the correct tyre size and pattern and enter the quantity required, delivery address and any comments. All orders are subject to BSTM’s confirmation and there is no obligation on BSTM to fulfil any order which it has not confirmed.
b. Any request for changes to your order must be made by contacting your BSTM salesperson or BSTM customer service prior to your order being shipped. All requests for changes will be considered on a case-by-case basis and may be subject to additional terms and conditions and/or payment. If we are unable (as determined by us) to supply you with the products in your order for any reason, we will inform you of this and we will not process your order.
c. A breakdown of the price is displayed before you submit an order. When you submit an order, you agree to all amounts, additional charges and the final amount which is displayed to you. The price indicated on the App may be subject to change from time to time without prior notice to you.
d. Your order will be delivered based on the delivery schedule below. For any urgent deliveries, please contact BSTM customer service or your BSTM salesperson.
Klang Valley:
Orders received before 11am – Same day delivery and arrival (except outskirt area, will be a day after)
Orders received after 11am: Next day delivery and arrival
Orders received before 11am – Same day pick up from warehouse and next day arrival (except outskirt area, arrival will be 2 days after stock pick up)
Orders received after 11am: Next day pick up from warehouse and arrival will be the next day after stock pick up (except outskirt area, arrival will be 2 days after stock pick up)
For same day delivery (Klang Valley) and pick up (outstation), it is subject to truck availability and warehouse picking capacity.
Other factors such as the delivery location being located in a remote area, insufficient truck load or manpower, severe weather conditions (including flood prone area) may cause delivery time to be affected. In such circumstances, the parties shall mutually discuss in good faith and agree on alternative arrangements.
e. If you are a dealer of BSTM, your orders on the App are subject to the terms and conditions set out in the relevant dealership or purchase agreement or such other relevant agreement entered into between you and BSTM. In the event of any conflict or inconsistency between the terms of such agreement and these Terms insofar as it relates to orders, the terms of the agreement shall prevail to the extent of any conflict or inconsistency.
3. Intellectual property:
a. The App contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, data and other information found in the App. All intellectual property rights in the App belong to us (or our licensors). You have no intellectual property rights in, or to, the App or any of the contents contained therein other than the right to use it in accordance with these Terms.
b. You shall not use the trademarks, name or logo of BSTM or any other Bridgestone entity without BSTM's prior written approval. Any permitted use of BSTM's trademarks, name or logo must be in accordance with BSTM's usage guidelines.
4. Help / support with using the App: If you want to learn more about the App or the Service or have any problems using them please contact your BSTM salesperson. If we have to contact you in connection with your use of the App, we will do so by email, phone and/or text message, using the contact details you have provided to us.
5. Data Protection: We collect, use and process personal data in accordance with our privacy policy, a copy of which is available on our website (https://www.bridgestonetyre.com.my) (“Privacy Policy”). The Privacy Policy (as amended from time to time) applies to all of our services in connection with the App and its terms are deemed to be incorporated as part of these Terms by reference, except that references in the Privacy Policy to the “website" shall be construed to refer to the App. You agree and consent to us and any of our affiliate companies collecting, using, processing and disclosing personal data as described in our Privacy Policy.
6. Liability:
a. To the extent permitted by law, we shall in no circumstances be liable for any loss or damage which you or any third party may incur in connection with the App, including:
i. any loss of profits, loss of reputation, use, or revenue, or loss or interruption of business; or
ii. indirect or consequential losses suffered by you for any reason.
b. You agree to indemnify and hold us and our directors, officers, employees, representatives, agents, and affiliates, harmless from and against any and all claims, liability, damages, costs and expenses (including legal fees) arising out of or in connection with your use of the App or your breach of these Terms.
c. We make no representation, warranties or guarantees, whether express or implied, as to the reliability, timeliness, quality, completeness, suitability, availability or accuracy of information and materials provided through or found in the App, and do not warrant or represent that the App will be provided in a manner which is secure, timely, uninterrupted, error-free, or free of technical difficulties, defects or viruses. 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. The App is provided to you on an "as is" basis. You may experience temporary interruptions of the App due to scheduled or regular system maintenance work, downtime attributable to internet or electronic communications, or other events beyond our reasonable control.
7. General terms and conditions:
a. We are not responsible for events outside our control. If our provision of the products (including but not limited to the supply and delivery of the products) or support for the App is delayed by an event outside our control, we will not be liable for delays caused by the event.
b. We may terminate your access to the App at any time if you have breached any of these Terms.
c. These Terms may be amended by us from time to time. It is your responsibility to be aware of such amendments, which will take effect when updated on the App. Your continued use of the App shall constitute your acceptance of such amended terms.
d. We may transfer our rights and obligations under these Terms to a third party. We will notify you in writing if this happens and ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
e. From time to time we may provide updates to the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of such updates, you may not be able to continue using the App.
f. Unless expressly provided otherwise in these Terms, a person not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
g. If any provision or clause in these Terms is illegal, invalid or for some other reason unenforceable, all the other provisions or clauses shall nevertheless remain in effect.
h. A failure by us to exercise, a delay in exercising or a partial exercise of a right or remedy provided by these Terms or by law will not constitute a waiver of such right or remedy, a waiver of other rights or remedies, or a further exercise of the right or remedy.
8. Governing law and dispute resolution: These Terms shall be governed by and construed in accordance with the laws of Malaysia. In the event of any dispute, controversy, difference or claim arising out of or in connection with these Terms or the App, the parties agree to submit to the exclusive jurisdiction of the Malaysia courts to settle any such dispute, controversy, difference or claim.