These Conditions may be revised at any time. The amended version of the Conditions will be posted on our homepage. After any such amendment becomes effective, we will deem your continued use of the Website to constitute acceptance and agreement to such amendment.
We operate an independent web-based platform that helps match property buyers enquiries with existing real estate companies in Malaysia ("Services").
We collate and forward your designated contact details and enquiries ("User Data") to real estate companies of your designated/preferred property project to enable them to duly consider and prepare a customized response to meet your specific requirements ("Purpose").
Subject to availability of our website, we will use all reasonable endeavours to convey your User Data to real estate companies of the Designated property project as soon as practicable following submission.
Your use of our Services for the Purpose is free of charge.
By using our website, you represent and warrant that:
(1) all User Data provided to us is true and correct,
(2) you are duly authorised to submit such data to us for the Purpose; and
(3) you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete, and current.
We shall not be liable in any way for any loss or damage or any inability to properly provide the Services to you as a result of your provision of any inaccurate User Data or from any unauthorized disclosure of User Data to us.
Without limiting the above, your consent in this respect extends to allowing us to submit your User Data to real estate companies of the Designated property projects to enable them to contact you by way of follow-up to your enquiries and to retaining your User Data for our internal management and/or record-keeping purposes, as well as for our marketing purposes.
You may withdraw your consent to the aforesaid use at any time subject to you giving us reasonable notice. Upon receipt of such notice from you, we will accordingly inform any real estate company to whom your User Data may have been submitted to immediately cease further use thereof and to delete the relevant data.
You acknowledge and agree that any withdrawal of consent by you will adversely affect our continued provision of the Services to you.
You agree that you will not take any action that may damage or injure our reputation or goodwill in the course of using our website and availing yourself of the Services.
We merely provide a platform for communication between yourself and real estate companies of property projects Providers and do not hold ourselves out as,in any way, providing property advice or conducting property business in Malaysia.
You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We are not affiliated to any particular property and do not endorse any particular property project.
Whilst we take the aforesaid precautionary steps in engaging with real estate industry of property projects, we make no warranties or representations as to the initial or continuing accuracy or correctness of any representations given to us by these real estate companies which you are required to independently verify for yourself.
You agree that in the event of any dispute or other issue arising in the course of your dealings with real estate companies of property projects, you will be required to resolve such matters directly with the person(s) involved and/or his or their property projects.
We further do not warrant that any real estate company of property projects will be able to satisfactorily respond to and/or have the appropriate property-related projects to meet your specific requirements and we will not be responsible in any way should such real estate indusry fail to satisfactorily respond (or to respond at all) to your enquiries.
The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s).
You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Servicer link to any material or information on or downloaded from this Site without our express prior written consent.
Without limitation to above, "Newpropertylist" and its logos are our trademarks and property. You do not have the right to use or reproduce these without our prior written consent.
You may use our website strictly in relation to the Services and for the Purpose and shall not take or permit any action that may in any way seek to deny service to or to corrupt, damage or otherwise interfere with the functionality of our website in any way.
You should not knowingly transmit any data, send or upload any material (including Contributions) that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or adversely affect the operation of any computer software or hardware.
Use of our website is on an "as is" basis and at the user's own risk. We do not warrant that our website is or will be free from any system, server or connection failure or from any error, omission, interruption or delay in transmission or from computer viruses or other form of malware and/or from deliberate or malicious interference or attacks by third parties.
In no event shall we be liable to you for any loss of User Data or for any damages and/or losses resulting from any of the aforesaid causes or from any other causes beyond our reasonable control.
We provide links and pointers to Internet sites maintained by third parties and you acknowledge and agree that:
i) such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site;
ii) we provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site; and
iii) we are not responsible for the copyright compliance of any linked site.
We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
You hereby agree to defend, indemnify and hold harmless the Company, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney's fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants as contained in these terms and conditions as well as your violation of any rights of another party.
We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of this Agreement.
In no event shall we be liable for any punitive, incidental, consequential, special or indirect damages, including loss of future revenue or income, lost profit, loss of business reputation or opportunity relating to any breach or alleged breach of our Terms and Conditions, whether caused by negligence or otherwise howsoever.
For avoidance of doubt, we are also not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
You acknowledge that these disclaimers represent fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
These terms and conditions shall be governed by Malaysia law. Any disputes arising out of or in connection with these terms and conditions or the provision of the Services shall be referred to and finally resolved by arbitration at the Kuala Lumpur Regional Center for Arbitration in Kuala Lumpur ("KLRCA") in accordance with the Arbitration Act 2005 or any modification or re-enactment thereof for the time being in force, which rules shall be deemed incorporated by reference in this clause. The language of the arbitration shall be English and the tribunal shall consist of one (1) arbitrator to be mutually agreed by the parties or, failing such agreement, to be nominated (or otherwise directed for selection) by the Director of the KLRCA from time to time.