TERMS & CONDITIONS
- Acceptance of Terms
- You acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide as per Clause 4.3 at any time and for any reason, with or without notice.
- Our Service
- We provide users with access and view of contents on http://www.klandmart.comwhich may be accessed with any medium or device now known or hereafter developed. You understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages and newsletters.
- You also understand and agree that the Service is provided on an “AS-IS” basis and that we are not responsible for the availability, timeliness or functionality of the Services, deletion or failure to store any content, saved selections if applicable or personalisation settings.
- You agree that we reserve the right at any time to modify, discontinue temporarily or permanently the Services or part thereof with or without notice.
- The website may be temporarily unavailable from time to time due to maintenance, telecommunications interruptions or other disruptions.
- We reserve the right at any time to charge subscription fees for access to the Website or any part or content thereof or for the use of any special feature comprised therein.
- The amount of subscription fee, the subscription period and the specific terms of subscription governing the access or use thereof will be indicated on the on-line registration form.
- We reserve the right to revise the subscription fees of any of the Services at any time. You shall bear any taxes, GST, duties or levies to which the subscription fee is subject.
- Unless stated otherwise, there shall be no refund to any subscription fee paid.
- All news, contents and other material displayed on the Website are for your general information purpose only and are no substitute for independent research and/or verifications and should not be regarded as a substitute for professional, legal, financial or real estate advice.
- In particular, you must not treat the Website as a real estate, property valuation, financial or investment advisory service.
- The information on the Website and Services is provided on an “as is basis” without taking into account your specific objectives, financial status and particular needs.
- You are recommended to seek specific independent advice from your estate agents, valuers, financial advisers, lawyers or such other appropriate professionals before acting or relying on the information obtained from the Website.
- We will not be held responsible or liable for timeliness, removal of information, failure to store, inaccuracy of information or improper delivery of information.
- We reserve the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service or part of it.
3.0 YOUR OBLIGATIONS
- In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other applicable jurisdiction.
- You agree to: (a) provide true, accurate, current and complete information about yourself and (b) 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 we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- We may provide you with access to some parts of the Service without you registering as a user.
- If you are under eighteen (18) years of age, you must obtain your parent’s or guardian’s permission before you send us any information.
- We cannot and will not guarantee the privacy or security of any information you transmit to us when accessing the Website including your personal information, your User ID and Password as the information transmitted through the Internet and other network services is generally not secure.
- You should take the necessary security measures (such as changing Password regularly) to protect such information and to prevent unauthorised access to your account.
- You shall notify us immediately if you discover any unauthorised use of your User ID and/or Password or any other breach of security.
- You recognize that due to the global and international nature of the Internet, you shall use the Website in a manner consistent with and in full compliance of any and all applicable international and local laws, regulations, guidelines and directives.
- Unless you fall under the specific category of users stipulated herein in which commercial use is permitted, the Website is made available to you for your own personal use only.
- In no event shall you use the Website for or in connection with any business or commercial enterprise, without limitation, any investment, accounting, banking, legal or media business or enterprise unless expressly authorised by us in writing.
- You shall not use any third-party software, hacks or any method whatsoever to access or collect any information or data from the Website.
- Neither shall you use any software that intercepts or otherwise collect information from or through the Website.
- You shall not share your account with a third party.
4.0 YOUR CONDUCT
- You agree that all information or data of any kind, whether text, photographs, video or other materials, whether publicly posted or privately transmitted, shall be the sole responsibility of the person providing the Content or the person whose user account is used.
- You agree that our website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.
- You explicitly agree, in using this website or any service provided, that you shall not provide any Content or perform any conduct that may be unlawful, threatening, harassing, defamatory, obscene, offensive, political, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law.
- You shall not impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you.
- You also shall not collect or harvest any data about other users.
- You shall not provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent.
- You also shall not provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
- You acknowledge, consent and agree that we may in our sole discretion access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process; to enforce the Terms & Conditions; to respond to claims that any Content violates the rights of third parties; to respond to your requests for customer service; or to protect our rights, property or personal safety as well as those of our users and the public.
- You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks; and the changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and our content providers who provide content to the Service.
- You may not attempt to override or circumvent any of the usage rules embedded into the Service.
- Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5.0 Third Party Services
- The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third party advertisers.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers.
- You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- The Website may, from time to time, contain links to and from the third party websites. If you follow a link to the websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Posting / Listing Placement
- For users who are permitted to use the Website and Services for commercial purposes including without limitation real estate agents, real estate negotiators, appraisers, realtors, valuers, financial institutions, banks, property developers and other service providers.
- The “Contents” shall include without limitation the content of a Listing or an Advertisement (as the case may be), other information, data, photographs, images, video footage, film, virtual tool, text, links and other material, data and compilation and instructions provided by you to us or that are requested by us for the purpose of publishing the Listing or Advertisement.
- Unless stated otherwise, “Listing” in this context may include without limitation to advertisements, notices, announcements and/or statements placed by users at the Website or other online medium provided by us.
- You hereby acknowledge and agree that:
(a) the Contents of a Listing supplied by you to us must be submitted through the method, specifications and in the file format as specified by us from time to time.
(b) the receipt and acceptance of the Contents (or payment where applicable) by us pursuant to your request for a Listing shall not be deemed to be an undertaking by us to accept your Listing. We may at our sole discretion decide to approve, reject or postpone the placement of your Listing without providing you any reasons or subject you to payment of an administrative fee for such services.
(c) the placement, positioning and presentation of a Listing is at our sole discretion.
(d) we do not undertake to review the Contents and you are fully and solely responsible in checking and ensuring the accuracy and veracity of the Contents before they are published or repeated. We reserve the right to refuse your request to correct any errors or to print errata in the Listing upon the publication.
- In submitting the Contents for placement of a Listing, you represent and warrant the following:
(a) the Contents are in full compliance with the Terms & Conditions;
(b) you have the right to publish the Contents (or part thereof) without infringing any third-party rights, giving rise to any civil or criminal liability or breaching of any laws;
(c) you are permitted to use the photographs or images in the Listing. Please note that you are not allowed to use photographs or images provided in the Website or Services by other users unless expressly allowed;
(d) the photographs, images or materials in the Contents do not contain the watermarked logo or name of other sites;
(e) you will only upload the relevant photos of the property to be listed including the interior, exterior or even the surroundings of the said property and you will not include any other unnecessary information including company logo, website details, sale signboards and other unrelated information or claims;
(f) you have obtained the necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws contained in the Listing, if any;
(g) the Contents submitted are true, current and accurate;
(h) you do not provide any false, inaccurate or misleading information in the Contents or overstate or create a false impression or omit to provide any relevant information;
(i) you do not place the Listing without the owner’s consent, including without limitation private homeowners and/or property developers;
(j) you do not advertise a price differently from that stipulated by the owner;
(k) you do not advertise a Listing as available when it is not available for sale or for rent;
(l) you will not submit or claim Listing(s) that does not belong to you or place the Listing on behalf of, for or represent other company, corporation, individual or agency;
(m) each Listing relates only to one specific real property;
(n) where you are placing the Listing in the ordinary course of your business/profession, you have complied with all applicable laws, rules, regulations, guidelines and directives of the relevant jurisdictions governing the conduct of your business/profession, including without limitation, all licensing requirements such as the Valuers, Appraisers and Estate Agents Act 1981 of Malaysia;
(o) you have complied with all applicable laws, rules, regulations, guidelines and directives in the placement of the Listing in the relevant jurisdictions including the jurisdiction where the targeted audience of the Listing resides.
- You shall ensure that any third-party websites linked through the Contents are relevant and are not websites that provide auctioneering or advertising services.
- You may request for the removal and/or withdrawal of any Listing published, in which case, you will not be refunded on the removal and/or withdrawal of such Listing where payment, if any, has been made. We reserve the right to charge you administrative fees for such removal and/or withdrawal.
- You also hereby grant us, our affiliated and related companies, employees, licensees, suppliers, vendors or agents, a royalty-free, irrevocable, perpetual, transferable and worldwide license to use, reproduce, distribute, display, modify, edit, translate, adapt, display, disseminate, communicate to the public in any manner whatsoever the Contents (or part thereof) in printed format or on the Website or Services through any medium, format or device now known or hereinafter developed.
- The use of third party services or third party software to post the Listing is strictly prohibited and is a violation of the Terms & Conditions herein.
- All listings posted should be genuine and available as of real time.
(a) Falsified, inaccurate, unpermitted or misleading advertisement classifieds are strictly prohibited;
(b) Unauthorised use of listings or any other form of media and information are strictly prohibited;
(c) When a deal is completed, “Subscriber” listing directly relating to the deal is deemed as “unavailable” and should be removed completely;
(d) “Subscriber” is responsible for ensuring that listings are immediately removed from the system once dealings are made and listings are unavailable;
(e) Advertisement spamming that indicates suggestive, illegal or any other information that are forbidden against the norms are prohibited.
7.0 Intellectual Property
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it that are not provided by the users. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You acknowledge and agree that all intellectual property rights and proprietary rights in all contents and materials inclusive of text, photographs, pictures, images, videos, audio, sound files, graphics and the selection, layout, arrangement, format and compilation of information, data or search results that form, are part of, contained in or accessed through the Website, the Services or part thereof, and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain our exclusive property or that of our licensors, as the case may be.
- No intellectual property or other rights shall be transferred to you.
- You further acknowledge that the signs, trademarks, service marks, business identifiers and logos on the Website are our trademarks or those of our affiliated or related companies, licensors, suppliers or vendors and as the case may be, you agree not to display or use these marks in manner that is limited or prohibited by us.
- You understand that in the course of operating our Website and Services, we may organise events, campaigns, contests, competitions, awards and the like which involve the use of ideas, concepts, photos, films and tag lines or other materials submitted by you through your participation in the events, campaigns, contests, competitions, awards and the like. You acknowledge and agree that all intellectual property rights and proprietary rights in all such contents and materials submitted by you in relation to such events, campaigns, competitions and the like will be solely owned by us and we reserve the rights to use them in any manner we deem fit without further reference to you. This may include the disclosure of photos, films, sound recordings, descriptions of the property, your name and other personal details in relation to such activities.
- You further acknowledge that you will abide by our additional Terms & Conditions or Rules (where applicable) and that each entry will be individually judged based on skill, relevancy creativity and originality, as determined by us in our sole discretion. Chance plays no part in determining the winner of such events, campaigns, contests, competitions, awards and the like. You further acknowledge and agree that certain contents in the Website or Services may contain sponsored advertisements protected by the respective third parties’ intellectual property rights. Except as expressly authorised by us, our licensees or advertisers in writing, you are granted a limited and non-sub-licensable right to access and use the Website and Services and print the materials available on our Website for your personal, non-commercial and informational use only.
- We reserve the right, with or without notice and in our sole discretion to terminate your license to use the Website and Services, and to block or prevent future access to and use of the Website and Services.
- The limited license granted to you does not include the right for you to modify, copy, distribute, disseminate, republish, rent, lease, derive work from or download (unless permitted expressly) any of the material from the Website or Services; to market, promote, sell or make commercial or derivative use of the Website or any materials from the Website or Services; and to make any reference to our trade marks in a commercial dealing without our prior written consent.
- You do not acquire any rights to any User ID, IP address, and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.
- You are not allowed to use the Website and the materials contained therein to construct, gather, extract or mine database of any kind or store the information (in its entirety or in any part) in databases for access by you or any third party or distribute any database services containing all or part of the Website and Services.
- You may not use the Services or Website in any way to improve the quality of any data sold or contributed by you to any third party.
- Where applicable and when our software is used in connection with the Services (“Software”), we grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer or device; provided that you do not (and you do not allow any third party to) copy, reproduce, modify, reverse engineer, decompile or reverse assemble or otherwise deal with or transfer any right in the Software, except where permitted by applicable law.
- You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services or Website. Software in this context may include references to our web apps and web application.
- This website and the contents are provided on an “as is” basis without warranties of any kind, either express or implied.
- You expressly agree that use of this site, including all content or data distributed by, downloaded or accessed from or through this site, is at your sole risk.
- We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement as to the information, materials, and content on the site.
- We do not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free. We are not responsible for typographical errors or omissions relating to pricing, text or photography.
9.1 You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or related to any violation of these Terms & Conditions by you or users of your Account.
- You expressly acknowledge and agree that, to the fullest extent permitted by applicable laws, we for ourselves and on behalf of our related or affiliated companies, officers, employees, agents, suppliers, licensors and vendors exclude liability for any losses, damages, claims, costs and expenses of whatever nature and howsoever arising, including without limitation any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income, profits or goodwill, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of, in connection with or resulting from the use or inability to use the website.
- Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:
- your use or inability to use the Website, the Services or any part thereof;
- any error, omission or inaccuracy with respect to any advice or information obtained by virtue of the Website or the Services;
- the inaccuracies, delays, omissions, non-deliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise.
- You expressly acknowledge and agree that the disclaimers and exclusions of liability set forth in the Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the contract between you and us, taking into account all relevant factors including without limitation the value of the consideration provided by you.
- You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law in all jurisdictions worldwide.
- You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service.
- Cause for such termination shall include, but not be limited to:
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) non-payment of any fees owed by you in connection with the Services.
- Termination of your account includes:
(a) removal of access to all offerings within the Service,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of the Service.
- Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
- In compliance with the provisions of the Copyright Act 1987 and laws with corresponding provisions in other jurisdictions, we adopt a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are infringing our copyright or those of others.
- If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, please contact our copyright agent at email address [email protected].
Online Payment Terms
- By using this online payment, you are agreeing to read in conjunction with any other applicable terms and conditions governing the use of this website. Please note that the Online Payment Terms may be altered or added to us at any time that the we determine necessary, with or without notice.
- Please read the Terms carefully on each occasion that you use our Online Payment Services to purchase Featured Products. It is strongly recommended that you take and retain a copy of the payment transaction for record keeping purposes. The payments are accepted through Visa or Master Credit/ Debit cards. All charges are in Malaysian Ringgit (RM) and inclusive of GST (if any). All payments must be paid in full.
- Upon completing a transaction using the Services, you will be presented with a confirmation screen verifying the transaction details you wish to process. It is your responsibility to verify that all transaction information and other details are correct.
- We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Services or for loss of data or information caused by factors beyond our control.
- Once a payment has been made it cannot be cancelled and will not be refunded. We accept no responsibility for refusal or reversal of payments, which shall be a matter between you and your credit card issuer or your bank.
- We may at any time, with or without notice, as to the circumstances in our absolute discretion to terminate or suspend an account with outstanding amount owing on your account to the Company.
- The Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms & Conditions shall be subject to the non-exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.
- As the Website and Services may be accessed internationally, the users who access the Website are responsible for compliance with the laws of the jurisdictions from which they access the Website, if and to the extent local laws are applicable.
- We may collect your personal data which includes without limitation, your name, address, phone number, email address, photograph etc. to enable us to process your application and/or use the Website.
- Such collection and/or the processing of your personal data shall be done in accordance with the provisions under the Personal Data Protection Act 2010 of Malaysia, as applicable.
- Users may visit our website anonymously.
- On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the Website.
- We are entitled to rely on any information you provide to us.
- If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
- If you have any enquiries or comment on this Terms & Conditions or our website, please email to us at [email protected].