Terms & Conditions

Thank you for your interest in our online automotive shopping content channels and tools (“Site”) developed by DriveSmart. These terms, together with Schedule 1 (Additional Terms Relating to Financing Services), Schedule 2 (Additional Terms Relating to Insurance Services) and any other schedules and supplemental terms (collectively, these “Terms of Use” or this “TOU”) applies to our Site and the Services we offer.

By using our Site and Services, you are a “user” and you accept and agree to this TOU as a legal contract between you and us. We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of our Site and Services.

If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access to and use of our Site and Services.

1. ELIGIBILITY

Unless expressly permitted by supplemental terms, the Site and Services are intended for general audiences 18 years of age and older who are legal residents of Malaysia.

2. LICENCE

These TOU grant you a limited, revocable and non-exclusive license to access our Site and Services. Such use must be compliant with these TOU.

3. MODERATION AND ENFORCEMENT

We reserve the right to regulate content posted to, stored on or transmitted via our Site and Services by any user or third party, to regulate conduct and access by any user or third party, and to enforce these TOU as we deem necessary or appropriate in our sole discretion.

We reserve the right, in our sole discretion, to limit, modify, interrupt, suspend or discontinue any or all portions of our Site and Services at any time. We and our Representatives will not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance.

4. CONTENT AND CONDUCT

While we attempt to provide current and accurate information on our Site, we are not responsible for and make no representations or warranties with respect to any content on our Site. You are solely responsible for your access to, use of or reliance on any content.

Content prohibited from our Site includes but is not limited to: illegal content, offensive content, false or fraudulent content, malicious content, and content that offers unsolicited products or services.

You are responsible for your own conduct and activities on, through or related to our Site or Services.

5. ACCOUNT CREATION AND USE

A user may create, maintain and use no more than one account. A user must create an account personally and may not create accounts by any automated means. The purchase and sale of accounts is expressly prohibited.

Affiliate marketing by users is expressly prohibited on our Site.

6. UNAUTHORISED ACCESS AND ACTIVITIES

The following activities are expressly prohibited:

Collection of users’ personal information
Copying, aggregation, display, or distribution of content
Decompiling, disassembling, or reverse engineering the Site
Activities that impair Site functionality or performance

7. INTERACTIONS WITH OTHERS

We may feature or refer users to third-party partners that offer promotional pricing or related services. We do not operate, manage, or exercise control over any third-party websites or resources.

Any access to or reliance on third-party websites is undertaken entirely at your own risk. You remain solely responsible for your dealings with third parties.

8. ARTIFICIAL INTELLIGENCE

DriveSmart may make available tools that incorporate artificial intelligence technologies to assist consumers and automotive dealers in discussions relating to vehicle pricing. These tools are for personal, non-commercial use only.

By using these tools, you consent to the collection and retention of user-provided inputs and system-generated outputs for purposes of enhancing tool performance and improving DriveSmart’s offerings.

9. FEES

Certain features may be subject to payment. You are solely responsible for all charges incurred. Unless expressly stated otherwise, all prices are in Ringgit Malaysia.

To the extent permitted by applicable law, all payments are final and non-refundable, except where expressly indicated or required by law.

10. INDEMNITY

To the fullest extent permitted under applicable Malaysian law, you agree to indemnify DriveSmart from and against all losses, liabilities, damages, claims, and expenses arising from: any content submitted by you, activity through your account, your use of the platform, any vehicle purchased or financed with our assistance, or any breach of these TOU.

11. DISCLAIMERS

All information and content are provided on an “as is” and “as available” basis, without representations, warranties, or guarantees of any kind. DriveSmart does not warrant the accuracy, completeness, or reliability of any information.

To the maximum extent permitted by Malaysian law, DriveSmart shall not be liable for any indirect, incidental, consequential, special, exemplary, or economic losses arising from your use of the platform.

12. EXCLUSION AND LIMITATION OF LIABILITY

To the fullest extent permitted under applicable Malaysian law, DriveSmart shall not be liable for any access to, use of, or reliance on the platform, transactions with third parties, or the condition or performance of any vehicle purchased with our assistance.

Where liability cannot be excluded, DriveSmart’s total aggregate liability shall be limited to a reasonable amount determined in accordance with applicable law.

13. REMEDIES AND LIQUIDATED DAMAGES

Where a breach of these TOU occurs, DriveSmart may pursue appropriate remedies including injunctive relief and compensation. For specified breaches, liquidated damages may be recovered as a genuine pre-estimate of loss in accordance with Malaysian law.

14. INJUNCTIVE RELIEF

You acknowledge that any breach of these TOU may result in immediate and irreparable harm to DriveSmart. Accordingly, DriveSmart reserves the right to seek urgent interim relief, including injunctive relief, to prevent or restrain any breach.

15. COPYRIGHT AND INTELLECTUAL PROPERTY

DriveSmart respects intellectual property rights. Users who repeatedly infringe intellectual property rights may have their access suspended or terminated.

16. PRIVACY

We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found in our footer.

17. MOBILE MESSAGING TERMS

DriveSmart may send you mobile communications for transactional purposes. By providing your mobile number, you consent to receiving such communications.

DriveSmart does not charge for messages, but standard carrier rates may apply.

You may opt-out at any time by contacting [email protected].

18. ELECTRONIC COMMUNICATIONS

When you access or use the platform, you consent to receive communications from DriveSmart in electronic form via email, in-platform notifications, or notices on the platform.

19. ELECTRONIC CONTRACTING

By submitting information electronically, you acknowledge that such submissions constitute your intention and consent to be bound by the relevant terms and to fulfil any payment obligations.

20. TERMINATION

You may terminate your account at any time. We may, in our sole discretion, terminate or suspend your access for any reason, including violation of these TOU.

21. ASSIGNMENT

These TOU may not be transferred or assigned by you. We retain the right to transfer, assign, or delegate these TOU.

22. GOVERNING LAW

These TOU shall be governed by and construed in accordance with the laws of Malaysia.

23. DISPUTE RESOLUTION

If a dispute arises, the parties shall first use reasonable efforts to resolve it through good-faith discussions.

Where a dispute cannot be resolved amicably, either party may refer the dispute to the courts of Malaysia, which shall have exclusive jurisdiction.

24. ENTIRE AGREEMENT

These TOU constitute the entire agreement between you and us and supersede any prior written or oral agreement.

25. SEVERABILITY

If any provision of these TOU is found unenforceable, all other provisions will remain in full force and effect.

26. WAIVER

Any failure by us to enforce any provision of these TOU will not constitute a waiver of that provision or right.

Schedule 1

Additional Terms relating to Financing Services

The terms and conditions applicable to Financing Services shall comprise: (a) the General Terms of Use; and (b) the additional terms set out in this Schedule 1 (Additional Terms relating to Financing Services) (Additional Terms).

In the event of any inconsistency, these Additional Terms shall prevail in respect of matters relating to Financing Services.

1. DEFINITIONS AND INTERPRETATION

Words and expression defined in the General Terms of Use shall have the same meaning when used in these additional terms unless the context otherwise requires or unless otherwise stated.

In these additional terms:

Account means a user account created on the Site in accordance with the TOU;

Business Day means a day (other than a Saturday, Sunday, or public holiday gazetted in Malaysia) on which licensed financial institutions are open for business in Malaysia;

Financing Services means any vehicle financing facilitation services made available by DriveSmart through the Site;

Financing Offer means a vehicle financing proposal, quotation, or indicative terms provided by a Participating Financial Institution or its authorised representative to a User;

Participating Financial Institution means any licensed bank, financier, or credit provider that offers vehicle financing products to Users through the Site, whether directly or via its authorised representatives; and

User means any individual who accesses or uses the Site.

2. PURPOSE AND SCOPE

The Additional Terms govern DriveSmart’s role in facilitating the Financing Services to the Users through the Site.

DriveSmart does not provide vehicle financing, credit, or lending services and is not a bank or licensed financial institution. All Financing Offers are made solely by Participating Financial Institutions on their own terms.

The Financing Services are not intended for use in any jurisdiction where such use would be unlawful. Nothing on the Site constitutes an offer or solicitation of financing where prohibited by law.

3. REGISTRATION AND USER INFORMATION

Users are required to create and maintain an Account to access the Financing Services.

Users must provide accurate, current, and complete information when using the Site. DriveSmart is entitled to rely on the information provided and is under no obligation to independently verify it.

DriveSmart may request for additional information or documents where reasonably required to facilitate the financing process or comply with applicable laws and requirements from Participating Financial Institutions or any third party service providers / partners.

Users are responsible for ensuring that all information provided remains accurate and up to date.

4. FINANCING SERVICES

By using and accessing the Site, Users are deemed to have authorised DriveSmart to share and disclose their information simultaneously with all Participating Financial Institutions or any third party service providers / partners for the purpose of assessing their eligibility and issuing Financing Offers.

Documents that may be required may include (without limitation):

NRIC (front and back)
Salary slips
Bank statements
Proof of address
EPF contribution statements
Any other documents requested by a Participating Financial Institution or any third party service providers / partners

Submission of any User’s information through the Site does not guarantee approval or the issuance of any Financing Offer.

5. ROLE OF DRIVESMART

DriveSmart’s role is limited to facilitating introductions, information flow, and communication between Users and Participating Financial Institutions and any third party service providers / partners.

DriveSmart does not:

make credit decisions;
determine interest rates, margins, tenures, or fees;
guarantee approval; or
act as agent for any User or Participating Financial Institutions and/or any third party service providers / partners unless expressly stated otherwise.

Each Participating Financial Institution and/or third party service provider / partner acts as an independent data controller and processes personal data in accordance with its own privacy policy. DriveSmart does not control and is not responsible for such processing.

6. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

you are applying for financing solely for your own vehicle purchase;
all information and documents submitted are true, accurate, and not misleading;
you are legally permitted to apply for vehicle financing in Malaysia;
you are not using the Site for any unlawful purpose, including money laundering or terrorism financing; and
you understand that all Financing Offers are issued by third-party financial institutions and/or any of their affiliates.

These representations are deemed repeated each time you use and access the Site.

7. FEES AND COMMISSION

DriveSmart may receive referral fees or commissions from Participating Financial Institutions and/or any third party service providers / partners in connection with successful financing arrangements.

8. COMMUNICATIONS

Communications relating to any Financing Services may be made electronically, including via email, messaging platforms, or in-platform notifications.

Such communications shall be deemed effective when sent.

9. SUSPENSION AND TERMINATION

DriveSmart may suspend or restrict access to Financing Services where:

information provided is false or misleading;
required documentation is not provided; or
continued access may expose DriveSmart or its partners to regulatory or legal risk.

10. DISCLAIMER

All financing-related information on the Site is provided for general informational purposes only and does not constitute financial advice.

Users should independently assess the suitability of any Financing Offer and seek professional advice where necessary.

11. LIMITATION OF LIABILITY

DriveSmart shall not be liable for:

any outcome in relation to any Financing Offers;
terms imposed by any Participating Financial Institution and/or any third party service provider / partner; or
any loss arising from reliance on Financing Offers or third-party communications.

12. GOVERNING LAW AND DISPUTE RESOLUTION

Clause 22 (Governing Law) and Clause 23 (Dispute Resolution) of the General Terms of Use shall be incorporated herein by reference.

Schedule 2

Terms relating to Insurance Services

The terms and conditions applicable to Insurance Services shall comprise: (a) the General Terms of Use; and (b) the additional terms set out in this Schedule 2 (Additional Terms relating to Insurance Services) (Additional Terms).

In the event of any inconsistency, these Additional Terms shall prevail in respect of matters relating to Insurance Services.

1. DEFINITIONS AND INTERPRETATION

Words and expression defined in the General Terms of Use shall have the same meaning when used in these additional terms unless the context otherwise requires or unless otherwise stated.

In these additional terms:

Account means a user account created on the Site in accordance with the TOU;

Business Day means a day (other than a Saturday, Sunday, or public holiday gazetted in Malaysia) on which licensed insurance providers are open for business in Malaysia;

Insurance Services means any insurance and/or takaful facilitation services made available by DriveSmart through the Site;

Insurance Offer means an insurance and/or takaful policy proposal, quotation, or indicative terms provided by a Participating Insurance Provider or its authorised representative to a User;

Participating Insurance Providers means any licensed insurance and/or takaful provider that offers insurance and/or takaful products to Users through the Site, whether directly or via its authorised representatives; and

User means any individual who accesses or uses the Site.

2. PURPOSE AND SCOPE

DriveSmart provides an online platform through which Users may request, receive, compare, and, where available, purchase and/or renew motor insurance and/or takaful products and related services from Participating Insurance Providers or any third party service provider / partner.

DriveSmart is not an insurer, underwriter, or insurance agent. All insurance and/or takaful products, quotations, cover notes, certificates, renewals, and policies are issued solely by the relevant insurer on its own terms and conditions.

3. ELIGIBILITY AND REGISTRATION

To access the Insurance Services, Users will be required to create and maintain an Account on the Site and provide accurate, current, and complete personal and vehicle information.

Users hereby confirm that all information submitted through the Site is true, complete, and not misleading. DriveSmart is entitled to rely on the information you provide and is not obliged to independently verify it.

DriveSmart may request additional information or documentation where reasonably required to facilitate quotation, renewal, or policy issuance by the Participating Insurance Provider and/or any third party service providers.

4. NATURE OF THE INSURANCE SERVICES

By using and accessing the Site, Users are deemed to have authorised DriveSmart to share and disclose their information with all its Participating Insurance Providers and/or any third party service providers / partners for the purpose of generating an Insurance Offer or facilitating policy issuance or renewal.

Any Insurance Offer is provided for comparison and informational purposes only and does not constitute advice, a recommendation, or a binding offer.

Insurance and/or takaful coverage, acceptance, premiums, exclusions, endorsements, and policy issuance are determined solely by the Participating Insurance Provider in accordance with its underwriting criteria and regulatory obligations.

Once Users elect to proceed with an insurance and/or takaful product, any contract of insurance is formed directly between you and the Participating Insurance Provider and is governed exclusively by their policy terms.

5. QUOTES, PURCHASE AND PAYMENT

Insurance Offers are based on the information provided at the time of request and may be subject to change following the Participating Insurance Provider’s underwriting review.

Where payment for an insurance and/or takaful policy is collected through the Site, such payment is collected on behalf of the Participating Insurance Provider or through an appointed payment processor to facilitate policy issuance.

The issuance and delivery of insurance documentation (including cover notes, policy schedules, and certificates) are subject to the Participating Insurance Provider’s internal processes and timelines.

6. RENEWALS AND ANCILLARY SERVICES

The Insurance Services may include options for insurance and/or takaful renewal or related services (including add-on coverage or road tax services), subject to availability and insurer participation.

DriveSmart does not guarantee renewability, continuation of coverage, or availability of identical terms upon renewal.

7. USER ACKNOWLEDGEMENTS AND RESPONSIBILITIES

Users acknowledge and agree that:

Participating Insurance Providers and/or any third party service providers / partners may rely entirely on the information provided by Users;
inaccuracies, omissions, or misrepresentations may result in rejection, cancellation, or voiding of a policy;
Users are responsible for reviewing policy wordings, exclusions, conditions, and obligations; and
Users must independently assess whether a policy is suitable for their needs.

DriveSmart does not endorse, recommend, or guarantee any insurer, insurance product, or level of coverage.

8. INSURANCE SERVICES

The using or accessing of the Site or selection of an insurance and/or takaful product through the Site does not guarantee acceptance, issuance, or renewal of any policy.

A Participating Insurance Provider and/or any third party service providers / partners may, at its sole discretion and in accordance with applicable laws and underwriting criteria, reject, decline, or impose conditions on any insurance application or renewal.

DriveSmart has no control over, and accepts no responsibility for, any insurer decision relating to rejection, acceptance, pricing, exclusions, or policy terms.

9. CANCELLATION AND REFUNDS

Cancellation

Any request to cancel an insurance policy must be made directly to the relevant Participating Insurance Provider and/or any third party service providers / partners and is subject to such entity’s policy terms, cancellation rules, and any applicable cooling-off period.

DriveSmart does not determine eligibility for cancellation and does not guarantee that a cancellation request will be approved.

Refunds

Any refund of insurance and/or takaful premiums (whether full or partial) is determined solely by the Participating Insurance Provider and/or any third party service providers / partners in accordance with its policy terms and applicable law.

Where payment was made through the Site, DriveSmart’s role in relation to refunds, if any, is limited to facilitating communication or payment processing on behalf of the Participating Insurance Provider and/or any third party service providers / partners.

DriveSmart is not responsible for:

the approval or rejection of any refund;
the timing or method of refund; or
any deductions, administrative charges, or fees imposed by the Participating Insurance Provider and/or any third party service providers / partners.

Unless expressly stated otherwise, any platform, service, or administrative fees charged by DriveSmart (if applicable) are non-refundable, except where required by applicable Malaysian law.

10. ERRORS AND INACCURATE INFORMATION

If a Participating Insurance Provider and/or any third party service provider / partner determines that any information provided is inaccurate, incomplete, or misleading, they may:

choose not to make an Insurance Offer;
cancel or void the policy; or
revise premiums or coverage.

Any refund entitlement arising from such circumstances shall be assessed and determined solely by the Participating Insurance Provider and/or any third party service providers / partners.

11. DATA USE AND SHARING

By using the Insurance Services, Users consent to the collection, use, disclosure, and processing of their personal data for such purpose in accordance with our privacy policy.

Users acknowledge that their data may be shared with insurers, insurance partners, and service providers for quotation, policy issuance, renewal, and regulatory compliance purposes.