TERMS OF USE OF THE SITE AND CONTENTS
THEREIN
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Welcome to PROPERTY
AUCTION HOUSE’s web site. These Terms of Use
apply to your use of the web site and services
(the "Site") owned and operated by PROPERTY
AUCTION HOUSE.
Agreement
By accessing, using
or browsing on this Site you agree that you have
read, understood and agree to be bound by these
Terms of Use and to comply with all applicable
laws, rules and regulations.
Limited License and
Ownership
PROPERTY AUCTION
HOUSE grants a limited license to each user of
this Site to make personal use only of the Site.
This license expressly excludes, without
limitation, any resale or commercial use of the
Site, the collection and use of any participant
information, listings, or any data extraction or
data-mining whatsoever, including without
limitation the reproduction of images found on
the Site for any use other than viewing the
property for purposes of considering a bid.
All content included
on this Site, such as text, graphics, logos,
button icons, images, audio clips and software,
is the property of PROPERTY AUCTION HOUSE and is
protected by Malaysian and foreign copyright
laws and international conventions. As between
you and PROPERTY AUCTION HOUSE, the compilation
(meaning the collection, arrangement and
assembly) of all content on this Site is the
exclusive property of PROPERTY AUCTION HOUSE and
is protected by Malaysian and foreign copyright
laws and international conventions. All software
used on this Site is the property of PROPERTY
AUCTION HOUSE or its software suppliers and is
protected by Malaysian and foreign copyright
laws and international conventions. The content
and software on this Site may be used as a
shopping and educational resource. Any other
use, including the reproduction, modification,
distribution, transmission, republication,
display or performance, of the content on this
Site is strictly prohibited.
Contents
Content is not
intended to and does not constitute legal advice
and no such relationship is formed, nor is
anything submitted to this Web Site treated as
confidential. The accuracy, completeness,
adequacy or currency of the Content is not
warranted or guaranteed. Your use of Content on
this Web Site or materials linked from this Web
Site is at your own risk
License for Uploaded
Content
By uploading content
to or submitting any materials for use on this
Web Site, you grant (or warrant that the owner
of such rights has expressly granted) PROPERTY
AUCTION HOUSE a perpetual, worldwide,
royalty-free, irrevocable, non-exclusive right
and license, with right to sublicense, to use,
reproduce, modify, adapt, publish, publicly
perform, publicly display, digitally display and
digitally perform, translate, create derivative
works from and distribute such materials or
incorporate such materials into any form,
medium, or technology now known or later
developed throughout the universe. You agree
that you shall have no recourse against PROPERTY
AUCTION HOUSE for any alleged or actual
infringement or misappropriation of any
proprietary right in your communications to us.
No Solicitation
You shall not
distribute on or through this Web Site any
content or material containing any advertising,
promotion, solicitation for goods, services or
funds or solicitation for others to become
members of any enterprise or organization
without the express written permission of the
PROPERTY AUCTION HOUSE.
Advertisers
This Web Site may
contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that
material submitted for inclusion on this Web
Site is accurate and complies with applicable
laws. PROPERTY AUCTION HOUSE will not be
responsible for the illegality of or any error
or inaccuracy in advertisers’ or sponsors’
materials or for the acts or omissions of
advertisers and sponsors
Eligibility
We offer our Site and
its services only to people who and parties that
may lawfully enter into and form contracts under
applicable law. You agree to comply with all
applicable laws, statutes and regulations
regarding use of the Site.
Revision of Terms
These Terms of Use
may be revised from time to time which revision
may or may not be posted for whatsoever reason
on the Site. These revisions will be effective
immediately. Please check with our office from
time to time so as to ensure that any
changes/revision not reflected in the Site is
made known to you. By using this Site after we
have changed the Terms of Use you will be deemed
to have accepted the changes. If, for any
reason, you do not agree to abide by our Terms
of Use, please do not use the Site.
Further, we may
change our Site at any time to add or remove
features, services or auctions in our sole
discretion, and without liability to any user.
Site Integrity
You are prohibited
from using any mechanism, device, software,
script or routine to affect the proper
functioning of the Site or any service taking
place on the Site.
You may not take any
action that places an unreasonable burden or
excessive load on our system(s). You agree not
to infect our Site with any computer programming
routine (e.g., any virus, worm, time bomb,
cancelbot or trojan horse) that may damage,
interfere with, delay, intercept or expropriate
any system, data or personal information.
In order to ensure
that we can provide high quality services to all
our users, we reserve the right to investigate
potential abuses of these Terms of Use and,
where we deem it appropriate, we may contact law
enforcement officials to investigate. We will
not disclose the existence or occurrence of an
investigation unless required by law.
We reserve the right,
in our sole and absolute discretion, to suspend
or terminate your right to access our Site if we
learn that you have provided us with false or
misleading information, interfered with other
users or the administration of our services, or
violated, or attempted to violate these Terms of
Use.
Links
These Terms of Use do
not apply to your use of unaffiliated sites to
which our Site only links, if any.
PROPERTY AUCTION
HOUSE shall not be responsible for the
availability of any other site to which the Site
links. We do not endorse or take responsibility
for the contents, advertising, products or other
materials made available through any other site,
except as otherwise expressly stated on another
site. Under no circumstances will we be held
responsible or liable, directly or indirectly,
for any loss or damage that is caused or alleged
to have been caused to you in connection with
your use of, or reliance on, any content, goods
or services available on any other site. You
should direct any concerns to that site's
administrator or webmaster.
Errors
The material provided
by Property Auction House may contain
inaccuracies, factual or otherwise, or
typographical errors. Except as may be
specifically provided with respect to a
particular sale, Property Auction House makes no
representations about the accuracy, reliability,
completeness, or timeliness of the material or
about the results to be obtained from using the
Web Site and the contents therein. Any use of
the Web Site and the contents therein shall be
at your own risk. Advice received via the Web
Site should not be relied upon for personal,
medical, legal or financial decisions and you
should consult an appropriate professional for
specific advice tailored to your situation.
Changes are periodically made to the Web Site
and may be made at any time. Some material on
the Web Site is provided by third parties and
Property Auction House shall therefore not be
held responsible for any such material provided
by third parties.
You acknowledge and
agree that, in the event that there are
discrepancies or differences between the
descriptions of property provided on the Web
Site, on the one hand, and the proclamation of
sale or announcements related to such property,
on the other, the latter will in all events be
considered to be authoritative and controlling.
Postings in
interactive areas of the Web Site
- Postings
If you participate in
interactive areas on this Web Site, you shall
not post, publish, upload or distribute any
messages, data, information, text, graphics,
links or other material (“Postings”) which is
unlawful or abusive in any way, including but
not limited to any Postings that are defamatory,
libelous, pornographic, obscene, threatening,
invasive of privacy or publicity rights,
inclusive of hate speech, or would constitute or
encourage a criminal offense, violate the rights
of any party, or give rise to liability or
violate any local, state, federal or
international law, either intentionally or
unintentionally. Provider may delete your
Posting at any time for any reason without
permission from you.
- Postings to be
in Your Name
Your Postings shall
be accompanied by your real name and shall not
be posted anonymously. Participants in
interactive areas shall not misrepresent their
identity or their affiliation with any person or
entity.
- No Monitoring of
Postings
PROPERTY AUCTION
HOUSE has no obligation nor does it intend to
edit, monitor or screen Postings and is
consequently not responsible for the content in
such Postings or any content linked to or from
such Postings. Notwithstanding the foregoing
PROPERTY AUCTION HOUSE reserves the right to
examine from time to time, some, all, or no
interactive areas for adherence to the Terms of
Use and, where discovered, to remove any
materials that may be objectionable or violate
the Terms of Use or improper for the Site at its
absolute discretion.
- Non-Commercial
Use only of Interactive Areas
Any interactive area
of this Web Site is provided solely for your
personal use. As a participant, you shall not
include in your Posting(s) or otherwise
distribute on or through this Web Site any
content or material containing any advertising,
promotion, solicitation for goods, services or
funds or solicitation for anyone to become
members of any commercial enterprise or
organization without the express written
permission of PROPERTY AUCTION HOUSE. Any
unauthorized use of any interactive area of this
Web Site, its Content or Postings is expressly
prohibited.
Third Party Content
Third party content
may, knowingly (and therefore with approval) or
otherwise, appear on the Site or may be
accessible via links from this Web Site.
PROPERTY AUCTION HOUSE shall not be responsible
for and assumes no liability for any
infringement, mistakes, misstatements of law,
defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity
in the statements, opinions, representations or
any other form of content contained in any third
party content appearing on this Web Site. You
understand that the information and opinions in
the third party content is neither endorsed by
nor does it reflect the stand or belief of
PROPERTY AUCTION HOUSE.
Warranties and
Limitation of Liability
We may modify or
discontinue the Site or any of the services or
features of the Site, including specific
auctions, with or without notice, without
liability to you, any other user or any third
party for any reason. You understand and agree
that the Site and its services are provided on
an "AS IS WHERE IS" and "AS AVAILABLE" basis.
PROPERTY AUCTION HOUSE assumes no responsibility
for the timeliness, deletion, mis-delivery of or
failure to store any user communications.
You understand and
expressly agree that: (1) use of the site and
its services is solely at your risk, (2) any
material purchased and/or data downloaded or
otherwise obtained through the use of PROPERTY
AUCTION HOUSE’s web site is at your own
discretion and risk and (3) you will be solely
responsible for any damage to your computer
system or loss of data that results from the
download of such material and/or data.
THE SITE IS PROVIDED
ON AN "AS IS WHERE IS" AND "AS AVAILABLE" BASIS.
PROPERTY AUCTION HOUSE MAKES NO OTHER
REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE,
ANY PROPERTY OR INFORMATION OFFERED ON THE SITE
OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR
THROUGH THE SITE, INCLUDING WITHOUT LIMITATION:
(i) THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS,
WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR
OPERATE WITHOUT ERROR; (iii) ANY IMPLIED
WARRANTY ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE; AND (iv) ANY OBLIGATION, LIABILITY,
RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF PROPERTY AUCTION
HOUSE.
(ii) TO THE FULL
EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
PROPERTY AUCTION HOUSE DISCLAIMS ANY AND ALL
SUCH WARRANTIES. TO THE FULL EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, PROPERTY AUCTION HOUSE AND
ITS AFFILIATES WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION FOR LOST PROFITS, REVENUES OR DATA),
ARISING OUT OF OR IN CONNECTION WITH THE SITE,
THE INABILITY TO USE THE SITE OR THOSE RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SITE.
Indemnity
You agree to
indemnify, defend and hold harmless PROPERTY
AUCTION HOUSE, and any of its affiliates or
related entities and the officers, directors,
employees, consultants and agents of each of
them from any and all third party claims,
liability, damages and/or costs, including, but
not limited to, legal fees, arising from your
use of our services, your violation of the Terms
of Use or your infringement, or infringement by
any other user of your account, of any
intellectual property or other right of any
person or entity. The Terms of Use will inure to
the benefit of PROPERTY AUCTION HOUSE’S
successors, assigns and licensees.
Use of Site
PROPERTY AUCTION
HOUSE DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT
INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER
ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
CONTENT. IF YOUR USE OF THE WEB SITE OR THE
MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING OF EQUIPMENT OR DATA, PROPERTY AUCTION
HOUSE SHALL NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND
CONTENTS THEREIN ARE PROVIDED ON AN "AS IS WHERE
IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
PROPERTY AUCTION HOUSE AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY
OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. PROPERTY AUCTION
HOUSE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT
THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE CONTENTS WITHIN ITS WEB SITE,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON
THE JURISDICTION GOVERNING YOU.
IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE WEB SITE,
OR WITH ANY PROVISION OF THE AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL
PROPERTY AUCTION HOUSE BE LIABLE TO ANY USER OR
ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF
THE WEB SITE. IN NO EVENT SHALL PROPERTY AUCTION
HOUSE AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR
ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT,
PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE WEB SITE, THE DELAY OR INABILITY TO USE THE
WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE WEB SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF PROPERTY AUCTION HOUSE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
No part of the
materials including graphics or logos, available
in this Web site may be copied, photocopied,
reproduced, translated or reduced to any
electronic medium or machine-readable form, in
whole or in part, without specific permission
Personal Data
Protection Act 2010
Thank you for
your interest in our services and our website.
Your privacy is important to us thus, we are
committed to safeguarding and protecting your
privacy as well as any personal data provided to
us. All personal data are collected and
processed in accordance with the Personal Data
Protection Act 2010 and this Privacy Policy.
Property Auction House Sdn. Bhd. (“the Company”)
reserves the right to revise this Privacy Policy
from time to time and all revisions will be
published on this website. You are therefore
advised to review the Privacy Policy on our
website periodically.
Collection and
Use of Personal Data
The Company may
process your information including your name,
gender, address, contact number, date of birth,
email address, identity card or passport and/or
other personal data that relates to you. Please
be informed that the processing of your personal
data is obligatory where it is necessary for the
performance of a contract to which you are a
party to and for compliance with certain legal
obligations. The Company may also collect, store
and use your personal data, if volunteered by
you for purposes of administration, product
surveys, market research, marketing and
promotions and/or responding to your enquiries.
Consent
If you do not
consent, or in the event you decide to withdraw
or limit your consent to any of the
above-mentioned purposes, kindly inform the
Company in the communications or email your
request to us. However, please take note that
the Company may not be able to provide you with
the full range of services that may be of your
interest or to your benefit if you decide to
withdraw or limit your consent.
Enquiries
If you have any enquiries,
complaints or would like to request access to
view or correct your personal data or limit the
processing of your personal data, please submit
your request to: [email protected]
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