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TERMS AND CONDITIONS

MOBILE LINK MARKETING – WEBSITE MANAGEMENT SERVICES
Last Updated: 14/07/2026

1. INTRODUCTION

1.1 These Terms and Conditions ("Terms") govern the relationship between Mobile Link Marketing ("we", "us", "our", "Company") and you ("Client", "you", "your") for the provision of website management, development, and digital services ("Services").

1.2 By engaging Mobile Link Marketing's Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1.3 These Terms apply to all automotive dealers, sales advisors, and brands for which we provide website services.

2. SCOPE OF SERVICES

2.1 Mobile Link Marketing provides website management, content updates, form creation (test drive, service booking, sales enquiry, insurance renewal), privacy policy implementation, domain registration and management, client user accounts, and related digital services.

2.2 We act as an intermediary service provider and data processor on behalf of our Clients, not as a data user or data controller.

2.3 The Services are provided on a best effort basis. We do not guarantee uninterrupted, error-free, or secure access to websites or systems.

2.4 We reserve the right to update, modify, or improve our Services from time to time.

2.5 Service Options: Mobile Link Marketing offers two service options for Clients:

  • Self-Manage Option: Clients are provided with a user account to access, edit, and manage their own website content. Clause 6 (Client User Accounts) applies.
  • Managed-Only Option: Clients do not have a user account. Mobile Link Marketing manages and monitors all website content, updates, and changes on the Client's behalf. Clause 6 (Client User Accounts) does not apply.

3. CLIENT RESPONSIBILITIES AND OBLIGATIONS

3.1 You are solely responsible for:

  • The accuracy, quality, integrity, and legality of all content on your website
  • Ensuring all information (including pricing, promotions, specifications) is accurate and up-to-date
  • Obtaining all necessary consents from your customers (including PDPA consent)
  • Complying with all applicable laws (including PDPA, Competition Act, Consumer Protection Act, and any manufacturer-specific requirements)
  • Responding to all customer inquiries, complaints, and requests

3.2 You represent and warrant that:

  • You are the owner or have a valid license to use all intellectual property you provide
  • All content provided does not infringe on any third-party rights
  • You have obtained all required consents for processing personal data
  • You have the authority to bind your organization to these Terms

3.3 You agree to promptly provide us with accurate information for any updates. We are not liable for errors resulting from incomplete or incorrect instructions.

4. DATA PROCESSING AND PDPA COMPLIANCE

4.1 Data Processor Status: Mobile Link Marketing acts as a Data Processor on behalf of our Clients (Data Users/Controllers) for all personal data collected through websites we manage.
4.2 Processing Obligations: We will process personal data only:

  • On your documented instructions
  • For the purposes stated in your Privacy Policy
  • In compliance with the Personal Data Protection Act 2010 (PDPA) and applicable laws

4.3 Confidentiality: All personal data processed by us is held in strictest confidence.

4.4 Security: We implement appropriate technical and organizational security measures to protect personal data.

4.5 Sub-processors: We may engage third-party service providers, subject to strict confidentiality obligations.

4.6 Data Breach Notification: In the event of any suspected or actual Personal Data Breach, we will notify you without undue delay (within 24 hours).

4.7 Data Return or Deletion: Upon termination of Services, we will securely delete or return all personal data on your written instruction, subject to legal retention requirements.

4.8 Audit Rights: You have the right to audit our compliance with data protection obligations upon reasonable notice.

4.9 Client Responsibility for Backups:

4.9.1 The Client acknowledges and agrees that:

  • Mobile Link Marketing uses third-party platforms to host and manage websites
  • Mobile Link Marketing does not guarantee the availability, security, or continuity of any third-party platform
  • It is the Client's sole responsibility to maintain regular backups of all website content, data, images, and files

4.9.2 Mobile Link Marketing shall not be liable for any loss of data, content, or functionality resulting from:

  • Third-party provider failure or closure
  • Server downtime or data corruption
  • Accidental deletion by the Client
  • Any other event beyond Mobile Link Marketing's reasonable control

5. INTELLECTUAL PROPERTY

5.1 Our Intellectual Property: All intellectual property in our website management system, software, source code, processes, user interfaces, and accompanying materials are owned exclusively by Mobile Link Marketing.

5.2 Your Intellectual Property: You retain ownership of all content, graphics, trademarks, logos, and materials you provide to us. You grant us a non-exclusive, royalty-free license to use your intellectual property solely for providing our Services.

5.3 No Reverse Engineering: You may not reverse engineer, decompile, or attempt to discover any source code, algorithms, or trade secrets of our systems.

6. CLIENT USER ACCOUNTS

6.1 Account Creation: Mobile Link Marketing may offer Clients the ability to create user accounts for the purpose of accessing, managing, and editing their website content ("Client Accounts"). By creating a Client Account, you agree to provide accurate, complete, and current information at all times.

6.2 Account Responsibility: You are solely responsible for:

  • Maintaining the confidentiality of your account login credentials (username and password)
  • All activities that occur under your Client Account
  • Notifying us immediately of any unauthorised use of your account or any other security breach

6.3 User Access: Only authorized personnel of the Client may access the Client Account. You shall not share your login credentials with any third party. We reserve the right to limit the number of users per Client Account.

6.4 Content You Upload: When you use your Client Account to upload, edit, or manage content on your website, you:

  • Retain ownership of all content you upload
  • Grant Mobile Link Marketing a non-exclusive, royalty-free license to use, host, store, reproduce, and display such content solely for the purpose of providing our Services
  • Represent and warrant that you have all necessary rights and authorizations to upload such content

6.5 Prohibited Activities: You shall not use your Client Account to:

  • Upload any content that is unlawful, defamatory, obscene, offensive, or infringes on third-party rights
  • Upload any viruses, malware, or harmful code
  • Attempt to gain unauthorised access to other accounts or systems
  • Use the account for any unlawful or prohibited purpose

6.6 No Liability for Content: Mobile Link Marketing is not responsible for any content uploaded, edited, or managed by you through your Client Account. You assume full responsibility for the accuracy, quality, and legality of such content.

6.7 Account Suspension or Termination: We may suspend or terminate your Client Account immediately, without prior notice, if:

  • You breach any provision of these Terms
  • We suspect fraudulent, abusive, or unlawful activity
  • Your account is past due for more than 30 days

6.8 Data Retention Upon Termination: Upon termination of your Client Account, we may permanently delete all content associated with your account. We recommend that you maintain your own backups of critical content.

7. DISCLAIMER

7.1 General Disclaimer: The Services and all content on websites managed by Mobile Link Marketing are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the use or the results of the Services in terms of their correctness, accuracy, reliability, or otherwise.

7.2 Content Accuracy: Mobile Link Marketing is not responsible for the accuracy, timeliness, or completeness of any content provided by the Client. The Client is solely responsible for ensuring all content is correct and up-to-date.

7.3 Third-Party Links: Our Services may contain links to third-party websites (including manufacturer official websites). We do not endorse and are not responsible for the content, accuracy, or practices of any third-party websites.

7.4 Virus/Warranty Disclaimer: We do not warrant that our Services or websites will be free from viruses, malware, or other harmful components. The Client is responsible for implementing adequate security measures on their own systems.

7.5 No Professional Advice: We do not provide legal, financial, or professional advice. Clients should seek independent professional advice where necessary.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT:

  • (a) The use of the Services will be secure, timely, uninterrupted, or error-free
  • (b) The Services will meet your requirements or expectations
  • (c) Any stored data will be accurate or reliable
  • (d) Errors or defects will be corrected
  • (e) The Services will operate in combination with any other hardware, software, system, or data

ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. LIMITATION OF LIABILITY

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILE LINK MARKETING SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or goodwill
  • Business interruption
  • Costs of procurement of substitute goods or services
  • Any claims arising from the Client's business operations or customer interactions

9.2 Total Liability: Our total aggregate liability for any claim arising from or relating to these Terms or our Services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

9.3 No Liability for Third-Party Content: We are not responsible for any content displayed on your website or any claims arising from customer interactions with your business.

9.4 Force Majeure: We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, government actions, or failure of third-party service providers.

10. THIRD-PARTY SERVICE PROVIDERS

10.1 Mobile Link Marketing relies on third-party service providers ("Third-Party Providers") to deliver certain aspects of our Services, including but not limited to:

  • Website hosting and domain registration
  • Software platforms and content management systems
  • Server infrastructure and cloud services
  • SSL certificates and security services

10.2 Mobile Link Marketing shall not be liable for:

  • Any failure, disruption, or unavailability of Services caused by Third-Party Providers
  • Any loss of data, content, or functionality resulting from Third-Party Provider failure
  • Any business interruption caused by Third-Party Provider insolvency, closure, or cessation of operations

10.3 In the event of termination or cessation of services by a Third-Party Provider:

  • Mobile Link Marketing will notify the Client promptly of the situation
  • Mobile Link Marketing will provide a pro-rata refund for any prepaid fees for Services that have not yet been rendered
  • Refunds will be calculated based on the remaining unused portion of the prepaid period
  • Refunds shall be at Mobile Link Marketing's sole discretion and subject to available funds received from the Third-Party Provider
  • Mobile Link Marketing does not guarantee or warrant that it can migrate, transfer, or restore any website, data, or content to an alternative provider. Clients are strongly advised to maintain their own backups of all website content and data as a precaution
  • 10.4 We strongly recommend that Clients maintain their own backups of critical content, data, and website files as an additional precaution against unforeseen circumstances.

11. REFUND POLICY FOR SERVICE DISRUPTION

11.1 In the event that Services are permanently discontinued due to the closure of a Third-Party Provider:

  • Mobile Link Marketing will provide a pro-rata refund of any prepaid fees for Services that have not yet been rendered
  • Refunds will be calculated based on the remaining unused portion of the prepaid period
  • Refunds shall be at Mobile Link Marketing's sole discretion and subject to available funds received from the Third-Party Provider
  • Mobile Link Marketing shall not be liable for any loss of data, content, functionality, or business interruption resulting from the closure of a Third-Party Provider

11.2 No refund shall be provided for:

  • Services already rendered or completed prior to the disruption
  • Work already performed, including design, development, setup, or customization
  • Any costs already incurred by Mobile Link Marketing on behalf of the Client

11.3 Mobile Link Marketing shall not be liable for any consequential losses, including but not limited to loss of business, revenue, data, content, or goodwill, arising from Third-Party Provider failure or closure.

12. DOMAIN OWNERSHIP AND TRANSFER

12.1 Domain Ownership: The Client acknowledges and agrees that:

  • The domain name for the Client's website is registered under Mobile Link Marketing's name and held on behalf of the Client
  • Mobile Link Marketing acts as the custodian of the domain
  • The Client does not have legal ownership rights to the domain unless and until the domain is formally transferred to the Client's name

12.2 Domain Registration: Mobile Link Marketing registers and manages domain names on behalf of the Client using third-party domain registrars. Domains are held under Mobile Link Marketing's name for administrative purposes only.

12.3 Domain Transfer Upon Request:

  • Upon written request by the Client, Mobile Link Marketing will transfer the domain name to the Client's name or to a registrar of the Client's choice
  • The Client is responsible for all transfer fees, domain renewal fees, and any fees charged by the receiving registrar
  • Mobile Link Marketing will use reasonable efforts to complete the transfer within 14 working days of receiving the request
  • Transfer will only be processed if all outstanding fees are settled

12.4 Domain Upon Expiry or Non-Renewal:

  • If the Client does not renew their website services and does not request transfer of the domain, Mobile Link Marketing shall have no obligation to renew the domain
  • The domain will be allowed to expire and may become available for registration by any third party
  • Mobile Link Marketing shall not be liable for any loss, damage, or inconvenience caused by the expiration of the domain
  • If the Client wishes to keep the domain active, they must either:
  • Renew their website services with Mobile Link Marketing, or
  • Request a domain transfer to their own registrar before the domain expires

12.5 Outstanding Fees:

  • Mobile Link Marketing is not obligated to initiate a domain transfer while there are outstanding fees owed by the Client
  • Upon full settlement of all outstanding fees, the transfer will be processed promptly

12.6 No Guarantee: Mobile Link Marketing does not guarantee that a domain transfer will be successful, as such transfers are subject to the policies and procedures of third-party registrars. We will, however, provide all reasonable assistance to facilitate the transfer.

13. INDEMNIFICATION

13.1 You agree to indemnify, defend, and hold harmless Mobile Link Marketing and its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or relating to:

  • (a) Your breach of these Terms
  • (b) Your non-compliance with the PDPA or any applicable laws
  • (c) Any content provided by you that infringes third-party rights
  • (d) Your customers' use of your website
  • (e) Any claim that arises from your business operations
  • (f) Any claim that arises from your non-compliance with manufacturer-specific requirements
  • (g) Any content uploaded, edited, or managed through your Client Account

14. SALES ADVISOR WEBSITES

14.1 If you are an individual Sales Advisor ("SA") engaging our Services, you acknowledge that:

  • You are acting as an independent representative of your dealership
  • You are responsible for ensuring your website complies with your dealership's policies
  • You have obtained all necessary approvals from your dealership to operate your website

14.2 We are not responsible for any disputes arising between you and your dealership regarding your website.

14.3 You are solely responsible for all content, promotions, and customer interactions on your website.

15. CANCELLATION AND TERMINATION

15.1 By You: You may cancel our Services by providing written notice as specified in your Service Agreement.

15.2 By Us: We reserve the right to suspend, cancel, or terminate Services at our sole discretion:

  • If you breach these Terms and fail to remedy the breach within 30 days of notice
  • If your account is past due for more than 30 days
  • If you use the Services in a manner that is degrading to our reputation or goodwill

15.3 Effect of Termination: Upon termination:

  • All outstanding fees become immediately payable
  • We will delete or return personal data as per your written instructions
  • We are not obligated to retain client data for longer than 30 days after termination
  • Domain transfer will be facilitated as per Clause 12
  • Client Account access will be revoked immediately

16. FEES AND PAYMENT

16.1 All fees are non-refundable regardless of whether you actually use our Services.

16.2 Past due accounts are subject to account suspension without notice.

16.3 We reserve the right to adjust fees with reasonable notice to you.

17. DEALER RESPONSIBILITIES

17.1 You are responsible for:

  • Complying with all manufacturer guidelines and dealer agreements
  • Ensuring your website meets any applicable brand standards
  • Obtaining all necessary approvals for promotional content

17.2 We are not responsible for ensuring your website complies with manufacturer-specific requirements. This is your sole responsibility.

17.3 We may, at our discretion, refuse to publish content that we reasonably believe violates any applicable guidelines.

18. MODIFICATIONS TO THESE TERMS

18.1 We may update these Terms and Conditions from time to time.

18.2 Changes will be posted on our website and become binding 14 calendar days after they are initially posted.

18.3 Continued use of our Services constitutes acceptance of the updated Terms.

19. GOVERNING LAW AND JURISDICTION

19.1 These Terms are governed by the laws of Malaysia.

19.2 Any dispute arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Malaysia.

20. CONTACT INFORMATION

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

Mobile Link Marketing
Email: molink2u@gmail.com
Phone: 016 - 323 5759
Address: D-11-07, Jalan PJU 1A/41, Ara Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan, Malaysia.

By engaging Mobile Link Marketing's Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Mobile Link Marketing 

D-11-07, Jalan PJU 1A/41,
Ara Damansara, Jalan PJU 1,
47301 Petaling Jaya, Selangor.

Business Operating Hours:
Monday – Friday (9:00AM – 6:00PM)
Saturday (9:00AM – 1:00PM)
Sunday & Public Holiday (OFF)

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