The contract between us
- WHIP Mobility Malaysia Sdn Bhd (the ‘Company’ or ‘we’ or ‘us’) own, maintain and operate this Website/Mobile Application. The Company is registered in Malaysia under company number 1191738 T with its registered address at S-13-06, Level 13, First Subang Mall, Jalan SS 15/4G, 47500. Subang Jaya. Selangor. Malaysia.
- Please read the terms and conditions (‘The Conditions’) with care as they set out the rules for how the Company run the Website/Mobile Application and supply Goods ordered through this Mobile Application.
- We reserve the right to alter any content of this Website/Mobile Application or The Conditions without prior notification.
- Please read The Conditions carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access or use the Website/Mobile Application / Mobile Application. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms and Conditions. You should print a copy of these Conditions for future reference.
- Familiarity with the Website/Mobile Application/Mobile Application and its conditions is your responsibility, as is ensuring that you are aware of any changes.
- These Conditions relate to your use of the Service and all orders placed by you for Goods via this Website/Mobile Application.
- The Website/Mobile Application Conditions do not affect your statutory rights.
- You must be at least 18 years old and legally allowed to form contracts before placing an order via the Website/Mobile Application. You may not use this Website/Mobile Application if you do not meet these requirements.
- Orders made and placed through this Website/Mobile Application will be subject to these Conditions.
- Orders placed will be deemed to be an offer by you to purchase the Goods. We reserve the right to not accept any orders through the Website/Mobile Application (whether or not acknowledgment of the order has been received).
- You are responsible for the accuracy of the terms of the order submitted and any information relating to the products and services provided to the Company. The Company accepts no liability resulting from inaccurate information being supplied by you.
- By placing an order, we deem this as an offer by you to purchase goods selected in your order. Until we have received and accepted your order, no contract exists between you and us.
- Once an order has been placed you will be informed that we will contact you. This is an acknowledgement of receipt of the order and not an acceptance.
- You will be notified of our acceptance of your order via telephone or mobile text messages before goods are dispatched. We will also notify you if we cannot accept your order (for example, but without limitation, the goods are found to be unavailable).
- If, after we accept your order, we discover that the goods ordered cannot be supplied or you have been given an incorrect price, description or image, we reserve the right not to supply the goods ordered and to offer you an alternative product.
- Despite the Company making every reasonable effort to display information on the Website/Mobile Application accurately, some slight errors or variations may occur infrequently. As such, any clerical or other errors or omission in any information issued by the Company (including on the Website/Mobile Application) shall be subject to correction at any time without any liability to the Company.
- The price quoted on the Website/Mobile Application is not final until the date the order is received and accepted by the company. Prices are subject to change at any time or at the company’s discretion. Prices exclude GST, disposal of old tyres if applicable, new valves and the balance of fitted wheels at an agreed address.
- WHIP reserves the right to charge for same day and next day fittings, fittings on certain days of the week and timeslots, subject to availability and advance booking conditions.
- With the exception of Finance orders, payment must be made by credit or debit card. Payment can be made either at the point of sale at WHIP Mobile Application.
Payment made after fitting
- We do not accept payment in cash or by cheque.
- Payments made after the goods and services have been delivered are deemed as agreement that the supplied products and services have been delivered satisfactorily.
- Payment for goods and services can also be made online, prior to delivery and fitting. The company accepts most major credit and debit cards for online orders. You will be asked to enter your card details and the name and address of the card holder when you place your order. Card details are not seen in full or stored by the company, but are passed to the card processor, which will then check your details.
- Please ensure that the expiry date on your payment card is after the scheduled fitting date of your order. Payment is taken at the point at which your fitting is scheduled, and in the event that the payment card has expired, the company will be unable to take payment and fulfil your order.
- WHIP reserves the right to cancel the order if the company cannot obtain payment.
- The company is 100% committed to protecting your security and privacy, and has made every effort to ensure that the transaction process is safe and that your personal information is secure.
- The company does not have access to your full card details at any time. When you input your card details at the point of sale, the card processor retains your card information and issues WHIP with a unique token identifier with which to process the cost of your order against your card, or issue refunds.
- We will take all reasonable care to keep your order details secure but, in the absence of its own negligence, the company cannot be held accountable for any loss incurred if a third party gains unauthorised access to any data you provide when accessing or ordering from the Website/Mobile Application.
- If you need to cancel your order, we will only offer a full refund on paid-for orders if you inform/cancel through mobile application before 5pm on the day prior to your fitting date.
- If you need to cancel your order after 5pm the day before your fit, or if you fail to be present for your fit, you will be subject to a Rm 50.00 cancellation charge. Customers who have paid online will receive a full refund, minus the Rm 50.00 charge, while customers who have not paid online will be required to pay the charge over the phone.
- Similarly, if we cannot fit your tyres because of a problem with your vehicle, including buckled wheels, damaged wheels, bolts seized on, wheels seized on, damaged locking wheel nut keys, damaged bolts and unable to find suitable space surrounding office or residential building, a Rm 50.00 cancellation fee will be charged.
- Orders paid for online will be given a full refund minus the RM 50.00 cancellation fee. Customers who have opted to pay for their order at the time of fitting will be required to pay the RM 50.00 cancellation fee by debit or credit card, using the chip and PIN machine found in each of the company’s vans.
- Refunds for goods ordered will be made at the price stated on the Website/Mobile Application on the date of purchase. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected. Please allow 14 working days for refunds to be processed into your account.
- Delivery of Goods ordered shall be made by the Company when they are fitted to your vehicle by a Company Technician at the address specified by you and approved in advance by the Company. You will be required to meet the technician in person at the pre-approved time and place to confirm your order and vehicle. You may be required to provide proof of identity, proof of address and/or proof of ownership of the vehicle before we start the job. If you, or a person you have entrusted to be present at the job, fail to attend, we will be unable to complete the fitting and a cancellation charge of Rm 50.00 will be made.
- The Company will make every reasonable effort to deliver the goods on the agreed date and at the agreed time; however, any times and dates quoted for fitting are not guaranteed. The Company shall not be liable for any delay in fitting of the Goods howsoever caused.
- If you fail to take delivery of the Goods or fail to give sufficient delivery instructions in the order then the Company may arrange an alternative delivery date, store the Goods and charge you for the reasonable costs of such, including insurance, or charge a Rm 50.00 cancellation fee.
Cancellation by us
- We reserve the right to cancel any order (or any part of the order) if for any reason the Goods ordered by you are no longer available.
- The Company is not liable for compensation for inconvenience suffered if your order is cancelled for any reason.
- The Company retains the right to suspend or terminate your use of the Website/Mobile Application at any time, with or without cause and with or without prior notice. You are personally liable for any orders that you place including charges incurred as a result.
- The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of this Website/Mobile Application and its contents.
- You agree to indemnify and hold harmless the Company and its affiliates from all third party claims inclusive of legal fees, for damages and costs which have arisen as a result of your breach of these Conditions and use of the Website/Mobile Application, Service or any Goods.
- 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 fitted service 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 other than to refund to you the amount paid for the goods in question. The foregoing limitations shall apply regardless of theory under which such cause of action is brought, whether in contract, tort, warranty or otherwise.
- 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.
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.
- The Company retains all rights, title and interest in and to the Website/Mobile Application, this includes software, design, images, artwork, illustrations, photographs, text, audio clips, video clips, graphic material or any other copyrightable or legally protected elements contained, plus ‘look and feel’ and arrangements thereof. The Website/Mobile Application is protected by intellectual property laws. The use of this Website/Mobile Application is restricted to the Conditions. The Website/Mobile Application must not be used for any business-related purposes and is for your own personal use only.
All rights are reserved.
- Breach of the security of this Website/Mobile Application is strictly prohibited. You may not (a) access data or materials not intended for you; (b) access any server or account without express authorisation; civil or criminal liability could be a result of any breaches of system or network. We may investigate such breaches which could enlist law enforcement authorities and could result in prosecuting users who have been found in such breaches. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
- You must not use this Website/Mobile Application in any way that could cause this Website/Mobile Application or access to the Website/Mobile Application to be damaged, impaired or interrupted.
- The Website/Mobile Application may host reviews and feedback from users. This content is your responsibility and should be lawful and should not be obscene, racist, malicious, defamatory or designed to offend and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings or ‘spam’. It must not be used to breach data copyright or privacy rights.
- When using this Website/Mobile Application you must not use false information, impersonate any other person or mislead the Website/Mobile Application and its users as to the origin of any electronic communications.
- Unauthorised use of this Website/Mobile Application may result in a claim for damages and is deemed to be a criminal offence.
- If you provide any information found to be false, incomplete or inaccurate, we reserve the right to terminate your use of this Website/Mobile Application. Fraudulent information could be subject to criminal and/or civil liability.
- We will not be responsible for any loss suffered as a result of your failure to install adequate anti-virus software and computer security protection.
- Unauthorised use of this Website/Mobile Application may result in a claim for damages and is deemed to be a criminal offence.
Disclaimer of liability for third party materials
- Goods, services and content on this Website/Mobile Application could originate from third parties. We may provide links to third party Website/Mobile Applications and are not responsible for the content or accuracy of any such third party material or Website/Mobile Applications. Links to third party Website/Mobile Applications and information are provided solely as a convenience to you
Notices and correspondence
- Unless otherwise stated in these Conditions, all notices and other forms of communication from you to us must be in writing and sent to our trading address of S-13-06, Level 13, First Subang Mall, Jalan SS 15/4G, 47500. Subang Jaya. Selangor. Malaysia or by email to firstname.lastname@example.org.
Governing law and jurisdiction
- The Contract between us and any matter arising from or in connection with these conditions shall be governed by and construed in accordance with Malaysian law and the Malaysian courts shall have jurisdiction to resolve any disputes between us.
- Any claim or cause of action against the Company arising out of or related to use of this Website/Mobile Application, the Service, or the Goods or otherwise under these Website/Mobile Application Conditions must be filed within 1 year after such claim or cause of action arose.
- If you make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); have a receiver, liquidator or administrator appointed over any of your property or assets; cease, or threaten to cease, to carry on business; or if the Company reasonably believes that any of these events are about to occur in relation to you and notifies you accordingly, then without prejudice to any other available right or remedy, the Company shall be entitled to cancel the Contract or suspend any further deliveries without any liability to you, and if the Goods have been delivered, but not paid for, the price of the Goods shall become immediately due and payable in full notwithstanding any previous agreement or arrangement to the contrary.
Electronic delivery policy
- You agree that we may provide to you required notices, agreements and other information electronically as specified in these Website/Mobile Application Conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Website/Mobile Application.
- This Website/Mobile Application is intended exclusively for residents of the Malaysia. The Company makes no representations that materials in this Website/Mobile Application are appropriate or available for use in other locations. Those who choose to access this Website/Mobile Application from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
- The failure of the Company to exercise or enforce any right or provision of these Website/Mobile Application Conditions will not constitute a waiver of such right or provision.
- The Company may perform any of its obligations or exercise any of its rights here-under by itself or where applicable through any other persons (legal or otherwise) or entities.
- The Company may assign the Contract with you or sub-contract the whole, or any part thereof, to any other person (legal or otherwise) or entity. Unless otherwise agreed in writing, you may not assign either the benefit or the burden of any Contract with the Company.
- In these Website/Mobile Application Conditions, except where the context otherwise requires:
- ‘Contract’ means the contract for the purchase and sale of the Goods subject to the Conditions as constituted and evidenced by the order and the Confirmation.
- ‘Goods’ means the products sold by the Company to you via the Website/Mobile Application, to include tyres.
- ‘Service’ means the service provided by the Company for the sale of the ‘Goods’ to you and the provision of fitting services in respect of those tyres to your vehicle or vehicles.
- ‘Website/Mobile Application’ means the Website/Mobile Application published by the Company on the Internet with the address https://www.whipmobility.com.
- ‘Confirmation’ means written email confirmation to you from us of our acceptance of the relevant order.
- ‘Order’ means an order from you submitted to the Company through any means including the Website/Mobile Application by the ordering system set out on the Website/Mobile Application.
Complaints and service disputes
- If you are not satisfied with the service or goods you have received, please make WHIP your first point of contact so that we can try to resolve your complaint. If you can, please contact our customer service department using the contact details on our Contact Us page.
- If you notify us of an alleged problem, we will:
- Investigate any allegation
- Make good any actual shortage or non-delivery, or
- Replace any Goods which are materially defective on delivery, or
- Where Goods cannot be made good or replaced, refund you the amount paid by you for the Goods in question.
- If we are found to have caused any damages, we will cover the cost of these repairs following a thorough investigation.
- Any letters of complaint should be addressed to our registered office: WHIP Malaysia Sdn. Bhd. S-13-06, Level 13, First Subang Mall, Jalan SS 15/4G, 47500. Subang Jaya. Selangor. Malaysia.
Promotional terms and conditions, Promotional discount code terms and conditions
- Discounts cannot be applied retrospectively.
- Discounts cannot be used in conjunction with any other offers, with the exception of WHIP multi-tyre discounts, which are automatically calculated in the checkout.
- Some products may be excluded from promotional code offers.
- Discount code usage is set at 1 use per customer.
- Where a discount has been made available to any membership or concessionary group where a membership/form of identification exists then we retain the right to ask for proof of such identification before applying the discounted price.
- WHIP promotional discounts can only be applied to online bookings made through the Mobile Application.
- Promotional discount codes will expire on the specified date.
- All bookings will be subject to availability at the time of transaction.
- The discount will be applied to the price presented prior to the payment stage.
- Promotional discount is non-transferable, not valid on past purchases and not exchangeable for cash.
- WHIP reserves the right to change or cancel any discount code campaign at any time. Once you have made your booking and it has been accepted by WHIP, the price paid will not change.
- WHIP cannot be held responsible for the authenticity of voucher codes found on third-party sites, and is under no obligation to honour such codes if found not to be in line with promotions currently being run by the company.