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Term Of Used

The following Terms of Use shall regulate any and the entire website http://www.myproperty.com.my/ and any and the entire web pages within http://www.myproperty.com.my/ (collectively to be known as “the MyProperty Website”).

The term “user” shall apply to any access to the MyProperty Website, including Internet Users and clients of MyProperty.


ACCEPTANCE

By visiting the MyProperty Website, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms of Use and other posted guidelines or rules applicable to any individual web page within the MyProperty Website. All such guidelines and rules are hereby incorporated by reference into the Terms of Use. This agreement constitutes a binding contract between you and Myproperty Networks Services (hereinafter known as "MyProperty").


CONDITIONS & RESTRICTIONS ON USE

The use of the MyProperty Website is subject to compliance with these Terms of Use. You acknowledge and agree that MyProperty may terminate your access to the MyProperty Website should you fail to comply with the Terms of Use or any other guidelines and rules published by MyProperty. Any such termination shall be at  MyProperty’s discretion and may occur without prior notice or any notice. MyProperty further reserves the right to terminate any user’s access to the MyProperty Website for any conduct that MyProperty, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to MyProperty and its partners, affiliates or to other third parties, or for any conduct that violates any local, state, federal or foreign laws or regulations. MyProperty further reserves the right to terminate any user’s access to the MyProperty Website for any reason or for no reason at all, at MyProperty ’s sole discretion, without prior notice, or any notice.


REGISTRATION & PRIVACY

Certain access and/or use of individual web pages within the MyProperty Website may require the user to register and provide certain data. In registering and providing such data, you represent and warrant that:
  1. the information about yourself is true, accurate, current and complete as required by various MyProperty Website registration forms (“Registration Data”); and
  2. you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if MyProperty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,  MyProperty has the right to suspend or terminate your account and refuse any and all current or future use of the relevant web pages.
STORAGE

Many features of the MyProperty Website store information on behalf of users. Examples include, but are not limited to, e-mail messages, chat, web pages, message boards, and postings of property listings. MyProperty  reserves the right, at its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.

DISCLAIMER OF WARRANTIES

The  MyProperty Website and products and services are provided "as is," with no warranties whatsoever. MyProperty disclaims any warranties for the security, reliability, timeliness, and performance of the MyProperty Website and products and services. MyProperty also disclaims any warranties for other services or goods received through or advertised on the MyProperty Website or received through any links provided in the MyProperty Website, as well as for any information or advice received through the MyProperty Website or through any links provided in the products and services.

You expressly understand and agree that MyProperty disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the MyProperty Website. MyProperty disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. MyProperty also disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the MyProperty Website, including, without limitation, harm caused by viruses or similar contamination or destructive features. MyProperty makes no warranty regarding the reliability or accessibility of any web pages or any storage facilities offered by the MyProperty Website.

You understand and agree that any material downloaded or otherwise obtained through the use of the MyProperty Website is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material.

LIMITATION OF LIABILITY

You expressly understand and agree that under no circumstances shall MyProperty be liable to any user on account of that user's use or misuse of and reliance on the MyProperty Website. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if MyProperty has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the MyProperty Website, from inability to use the MyProperty Website, or from the interruption, suspension, or termination of the MyProperty Website (including such damages incurred by third parties).

Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the MyProperty Website or received through any links provided in the MyProperty Website, as well as by reason of any information or advice received through or advertised on the MyProperty Website or received through any links provided in the MyProperty Website. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall similarly apply with respect to the performance or non-performance of the MyProperty Website or any information or merchandise that appears on or is linked or related in any way to the MyProperty Website. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy.

Such limitation of liability shall also apply to any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of member web pages or other content stored through the MyProperty Website.

Under no circumstances shall MyProperty be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

DISCLAIMER REGARDING THIRD PARTY CONTENT

The MyProperty Website offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, MyProperty has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the MyProperty Website or provided to the MyProperty Website by third parties, MyProperty may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the MyProperty Website from such sources is developed by people whom the MyProperty Website exercises no control over.

The search results that appear from the MyProperty search engines are automated and MyProperty cannot and does not screen the sites before including them in the search results from which such automated search results are gathered. Similarly, web pages hosted by the MyProperty Website are posted by third parties, and MyProperty cannot and does not screen such web pages before they are made accessible to other users of the MyProperty Website. Accordingly, MyProperty assumes no responsibility for the content of any site included in any search results or otherwise linked to the MyProperty Website or in any web page hosted for a third party within the MyProperty Website.

MYPROPERTY WEBSITE USER CONDUCT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyProperty, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Services. MyProperty does not control the user or third party Content posted via the MyProperty Website and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the MyProperty Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the MyProperty Website be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, e-mailed or otherwise transmitted via the MyProperty Website. As a general matter, MyProperty does not pre-screen user or third party Content posted on the MyProperty Website. MyProperty does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. MyProperty reserves the right to monitor some, all, or no areas of the MyProperty Website for adherence to these Terms of Use or any other rules or guidelines posted by MyProperty.

PROHIBITED CONDUCT

You agree that you will not use the MyProperty Website to:

  • Upload, post, e-mail, otherwise transmit or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Upload, post, e-mail, otherwise transmit or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • "Stalk" or otherwise harass another.
  • Collect or store personally identifying information about other users for commercial or unlawful purposes.
  • Impersonate any person or entity, including, but not limited to, an MyProperty official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the MyProperty Website.
  • Upload, post, e-mail, otherwise transmit or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, e-mail, or otherwise transmit, or post links to any Content that facilitates hacking.
  • Upload, post, e-mail, otherwise transmit or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    • Making available copyrighted software or other Content that has had the copyright protection removed.
    • Making available serial numbers for software that can be used to illegally validate or register software.
    • Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    • Making available any software files for which the user does not own the copyright or have the legal right to make available.
    • Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purpose.
  • Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the MyProperty Website.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any MyProperty Website database.
  • Conduct your own contests and promotions.
  • Upload, post, e-mail, otherwise transmit or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  • Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any MyProperty Website database, including, without limitation, by incorporating data from any MyProperty Website database into any e-mail, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  • Sell, distribute, or make any commercial use of data obtained from any MyProperty Website database or make any other use of data from any MyProperty Website database in a manner which could be expected to offend the person for whom the data is relevant.
  • Create and maintain an MyProperty Website web page as storage for remote loading, or as a door or signpost to another homepage.
  • Create and maintain an MyProperty Website web page that contains hyperlinks to content not permitted on the MyProperty Website.

NO LICENSE & INTELLECTUAL PROPERTYM

Except as expressly provided, nothing within any of the MyProperty Website shall be construed as conferring any license under any of the MyProperty Website's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the MyProperty Website is protected by copyright, trademark, patent, or other proprietary rights of MyProperty and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by MyProperty in connection with the MyProperty Website. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by MyProperty, any of MyProperty's affiliates, or any of MyProperty's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the MyProperty Website for any purpose other than the purpose for which such Content is made available to users by MyProperty. You agree not to defame or disparage Myproperty, the trademarks or service marks of MyProperty, or any aspect of the MyProperty Website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the MyProperty Website or any software or programs used in connection with the MyProperty Website.

INDEMNITY & RELEASE

By using the MyProperty Website, you agree to indemnify Dowin Sdn Bhd and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the MyProperty Website or your submission of ideas and/or related materials to MyProperty or from any person's use of any account or password you maintain with any portion of the MyProperty Website, regardless of whether such use is authorised by you. By using the MyProperty Website or submitting any ideas and/or related materials to MyProperty, you are hereby agreeing to release MyProperty and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the MyProperty Website or to any disputes regarding use of ideas and/or related materials submitted to MyProperty.

LIMITATION OF ACTION

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the MyProperty Website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

CHANGES IN TERMS OF USE AND CHANGES IN THE MyProperty WEBSITE

MyProperty reserves the right to modify the MyProperty Website from time to time, for any reason, and without notice, including the right to terminate the MyProperty Website or parts thereof. MyProperty reserves the right to modify these Terms of Use from time to time, without notice. Please review these Terms of Use from time to time so you will be aware of any such changes.

NON-WAIVER & SEVERABILITY

MyProperty's failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Use be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms of Use remain in full force and effect.

NO RESALE, ASSIGNMENT OR SUBLICENSING

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms of Use without prior express written authorisation of MyProperty Sdn Bhd.

SUCCESSORS AND ASSIGNS

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms of Use shall be binding upon the parties hereto and their respective heirs, successors, and assigns.

TERMINATION & SURVIVAL

These Terms of Use shall continue in effect for as long as you use the MyProperty Website, unless specifically terminated earlier by MyProperty. All provisions of these Terms of Use which impose obligations continuing in their nature shall survive termination of these Terms of Use.

COMMUNICATION WITH USERS

MyProperty reserves the right to communicate with you regarding your use of the MyProperty Website.

SUBMISSION OF IDEAS & COMMENTS

MyProperty is always improving the MyProperty Website and developing new features. If you have ideas regarding improvements or additions to the MyProperty Website, we would like to hear them -- but any submission will be subject to these Terms of Use. Under no circumstances shall any disclosure of any idea or related materials to MyProperty be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to MyProperty, you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to MyProperty that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that MyProperty is free to implement the idea and to use the materials if it so desires, as provided or as modified by MyProperty, without obtaining permission or license from any third party.

VIOLATION OF TERMS & CONDITIONS

Should you violate these Terms of Use or any other rights of MyProperty and the MyProperty Website, MyProperty reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the MyProperty Website.

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