PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VISITING/ACCESSING OR USING THE WEBSITE OR SERVICES AS THEY CONTAIN BINDING LEGAL TERMS. BY VISITING/ACCESSING OR USING ANY AND/OR ALL OF THE WEBSITE OR SERVICE(S), YOU ARE DEEMED TO HAVE FULLY READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS AS MAY BE AMENDED BY US FROM TIME TO TIME.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, YOU MUST CEASE VISITING/ACCESSING OR USING THE WEBSITE OR SERVICES.
Terms and Conditions of Use (hereinafter referred to as “T&C”) for services provided by iStar Ideas Factory Sdn. Bhd. (Company No. 513712-U) (hereinafter referred to as the “Company”). These T&C governs your access and/or use of the services provided by the Company (hereinafter referred to as the “Services”) vide the website (www.perfectlivin.com) and/or managed by the Company (hereinafter collectively referred to as the “website”).
If you are an individual, you must be at least 18 years of age, or of legal age as specified by the laws of Malaysia from time to time, in order to use the website and/or services. The Company disclaims responsibility of any contractual obligation made with a minor.
In accessing or using the Services and/or Website, you agree that you shall not :
a. Use any automated device, software, process or means to access, retrieve, scrape, or index the website or any contents made available therein;
b. Use any device, software, process or means to interfere or attempt to interfere with the website working properly;
c. Undertake any action that, which the Company deems will impose a burden or cause excessive traffic demands on the Company’s infrastructure or disproportionate the usage of the website;
d. Use or index any content or data from the website for purposes of:
i. Constructing or populating a searchable database of properties; or
ii. Building a database of property information; or
iii. Setting up a property listing website which in the Company’s opinion will be in competition with the website and/or services.
e. Transmit spam, chain letters, junk email, surveys or other mass messaging, whether commercial in nature or not;
f. Use the website or any content contained therein in any manner which in the Company’s sole discretion, is deemed to be not reasonable and / or not for the purpose which it is made available;
g. Violate the rights of any person, including copyright, trade secret, privacy right or any other intellectual property or proprietary right;
h. Pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
i. Violate any terms contained herein or any applicable law;
j. Reproduce, republish, retransmit, modify, adapt, reverse engineer, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the website or any content contained therein without the Company’s approval;
k. Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature through the website;
l. Attempt to gain unauthorized access to the website or its related systems or networks.
The Company reserves the right to exercise whatever means that it deems necessary and appropriate to prevent unauthorised access to or use of the website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity or authorities.
You are required to register for an account by providing, amongst others, your full name (as appeared in NRIC/passport), mobile phone number and email address. You will need to provide a unique username and password in order to complete the registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account.
You agree to:
a. Provide true, accurate and complete information for registration purposes;
b. Maintain and promptly update such registration information to keep it accurate, current and complete; and
c. You should not use another user’s account without permission.
If you provide any information that is untrue, inaccurate or incomplete, or if the Company suspects that such information provided by you is untrue, inaccurate or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the website and/or Services.
You may be able to access and/or use the website and/or services without registration. However, if you choose not to register with the Company, you may not be able to access and/or use certain part of the website and/or services.
You may use an image as your account profile picture. By submitting such image, you represent and warrant that you are authorized to use such image and such image will not infringe the rights of any third party in any way whatsoever, and grant the Company an irrevocable, perpetual, world-wide, royalty free licence to commercialise, copy, licence to third parties, use and/or adapt for any purpose related to the Company’s business;.
In registering an account, you shall not: -
a. Select or use a third party’s name and/or any personal particulars of a third party; or
b. Use a username which the Company deems offensive, vulgar or obscene.
The Company reserves the absolute right to reject registration of, or cancel an account without prior notice. Cause for such rejection/cancellation shall include but not limited to: -
a. The Company believes in good faith that your usage of the website and/or services violates the T&C contained herein or that your usage is alleged to infringe any intellectual property;
b. You impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
c. You interfere with or disrupt the Services or another person's use of the Services.
The account is personal to you and cannot be shared or transferred to any third party.
By accessing and/or using the website and/or Services, you may, amongst others:-
a. Access to information, a variety of products and services such as home products, tips and guides related home interior, advertisements, articles, tools and widgets;
b. Search and browse information posted on the website;
c. Post classified advertisements onto the website;
d. Communicate with other users of the website; and
e. Post information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials (hereinafter collectively referred to as the "Content").
The Company does not represent or warrant that:-
a. Access to the website or any part thereof will be uninterrupted, reliable or fault-free; and
b. The website or any of the contents made available therein will be accurate, complete or reliable. You are strongly encouraged and shall be responsible to seek professional advice and/or consultation to verify the accuracy or reliability of the contents made available on the website. Use of the contents posted on the website is at your own risk and you are solely responsible for all damages and/or losses resulting there from.
The Company reserves the right to amend any information provided for the website to rectify any errors (such as typographical and grammar errors) and inaccuracies and/or remove any advertisement that the Company deems inappropriate/inaccurate or is in breach of the T&C.
All information associated with product listings and advertisements are provided on “as is where is” basis. The Company does not in any way endorse any listings and advertisements.
The Company takes no responsibility and assumes no liability for any listings or advertisements displayed/posted on the website or for the accuracy of any information contained therein or associated therewith.
Your dealings or communications with, the companies or businesses or individuals, and any terms, conditions, warranties or representations associated with such dealings or communications, are solely between you and such company or business or individual. The Company shall not be held responsible or liable in any way whatsoever for any loss(es) and/or damage(s) of any sort incurred as the result of any such dealings/communications or as the result of property listings and advertisements appearing in the website.
You acknowledge and agree that: -
a. You must ensure that your listing and advertisements comply with all applicable laws, statutes, regulations, industry code of conduct or guidelines issued by any relevant authority and/or trade organization. Such listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any authority or relevant trade organization, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of the Company or of any other person.
b. You must have the authority to market the products / services and/or publish the listing. If you are listing a product/services, the products / services listed shall not:-
i. Contain information that is false, illegal, inaccurate, misleading, misrepresenting and/or untrue in regards to of any such information;
ii. Be posted without the owner’s consent, which may include but not limited to individuals and/or private owners and property developers;
iii. Advertise a price which differs from the agreed price between the seller and yourself;
iv. Be listed as available but is in fact no longer available for sale;
v. Contain materials which belong to third parties including pictures belonging to another; and
You shall not misuse the personal data obtained or generated from your listings or advertisements and shall at all times ensure that you are in compliance with the Personal Data Protection Act 2010 of Malaysia.
You shall only upload photographs of the said products / services, showcasing the interior, exterior and/or the surroundings of the said services.
Irrelevant photographs are strictly prohibited, including but not limited to company logo, customized photo, pictures of a gavel, for sale signboards, unique selling point propositions, placing borders and images from magazines. The Company does not allow any watermarks on the photographs (including third parties’ logo, name, phone number, email and Unique Selling Point (USP)). Should you upload such photograph, the Company reserves the right to remove the said photograph without prior notice.
You are solely responsible for the content of your listing and any errors or omissions in your advertisement materials.
You acknowledge that the Company’s role is one of facilitator only and the Company shall not be held liable for any claims made by you or third parties arising from the publication of your content/property listing/advertisement and there shall be no refund for any property listing/ advertisement removed from the website due to a breach of the T&C.
You understand that content, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such content is originated.
The Company does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in the Content which you submit, post, upload or display onto or through the website. When you submit, post, upload or display Content, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, unconditional and non-exclusive license to use, exploit and archive the Content in accordance with or as reasonably contemplated by this T&C.
When you post, submit, or upload Content onto the website, you represent and warrant that:
a. you own all copyright in and to the Content, or if you are not the owner, that you have express permission from the owner to use the Content for the purpose stated herein, and that you have the right to use and/or display the Content via the website;
b. you and/or your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
c. you and/or your Content, and your usage, storage, reproduction and display of the Content on the website will comply with any and all applicable law, rules and regulations;
d. your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, products, services, schemes or promotions; and
e. your Content is not defamatory or in violation of any applicable laws.
You hereby agree to accept the Confidential Information (as hereinafter defined) which the Company disclosed or made available to you on a confidential basis in accordance with the confidentiality provisions set out in Clause 9 of this T&C.
For the purposes of this T&C, "Confidential Information" means any information disclosed or made available to you by the Company, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within the Company’s reporting systems and other performance metrics and any other technical or programming information which the Company discloses or makes available to you in the course of performance of the Services.
However, Confidential Information does not include information that:
a. is or becomes publicly known and generally available other than by breach of this T&C; or
b. was already in your possession (as documented by written records) without confidentiality restrictions prior to receiving it from the Company.
You acknowledge, consent and agree that the Company may 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:-
a. comply with legal process;
b. enforce this T&C; or
c. respond to claims that any Content violates the rights of third parties; or
d. respond to your requests for customer service; or
e. protect our rights, property or personal safety, our users and the public.
You expressly agree that the Company , its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be held liable for any loss of profits, data or for any other direct or indirect, special, incidental, punitive, consequential damages or other intangible losses, however caused, and under whatever cause of action for any liability , even if we have been advised of the possibility of such damages, resulting from: -
a. your access to or use of or inability to access or use of the website and/or Services; Services;
b. any conduct or content of any third party on this Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
c. any Content and/or information obtained from the website; and
d. unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), whether or not we have been informed of the possibility of such damage.
If you are dissatisfied with any aspect of the website, or with any of these terms, your sole and exclusive remedy is to discontinue your access and/or use of the website and/or services. This limitation of liability shall apply to the maximum extent permitted by law.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
You must ensure that your access to the website and/or usage of the services is not illegal or prohibited by any and all applicable laws.
You must take your own precautions to ensure that the process that you employ for accessing and/or using the website and/or Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the website and/or Services and/or any linked website.
You agree to indemnify and keep the Company, its officers and employees fully indemnified against any claim or demand, including solicitors' fees, made by any third party due to or arising out of:
a. the uploading of your advertisement/listing;
b. the content of your advertisement/listing;
c. your Content;
d. any material, product or service provided by you, to which members of the public (including users of the website) can access through your classified advertisement/listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and
e. your violation of any term of this T&C.
You acknowledge that the Company owns all Intellectual Property Rights (as defined below), in and to the website and Services, and that you will not acquire any rights, titles or interests in or to the website and/or Services except as expressly set forth in this T&C.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of website and/or services, software or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the website and/or Services or proprietary information related thereto.
You will not remove, obscure or alter the copyright notice, Brand Characteristics (as defined below) or other proprietary rights notices affixed to or contained in the website and/or Services.
"Intellectual Property Rights" means any industrial and intellectual property rights throughout the world and for the duration of the rights including:
a. any patents, copyright including future copyright, registered or unregistered trademarks or service marks, trade names, brand names, registered or unregistered designs, commercial names, circuit layouts, database rights;
b. methods, trade secrets, know-how, computer software, confidential information and scientific, technical and product information;
c. the right to apply for any industrial and intellectual property rights; and
d. any other similar or analogous rights and any intellectual or industrial rights whether now existing or which come into existence in the future.
Any use of the Company’s trade names, trademarks, logos, domain names, and any other brand characteristics (collectively, "Brand Characteristics") is strictly prohibited.
The website may contain links to third-party web sites (hereinafter collectively referred to as the "Third-Party Sites"). You use and/or access Third-Party Sites at your own risk. The Company does not monitor or have any control over, and make no claim or representation regarding Third-Party Sites. The Company provides these links only as a convenience, and a link to a Third-Party Site does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site.
The Company does not control and shall not be held responsible for any of these Third Party Sites or their content. The Company does not allow unauthorized hypertext links to the Third Party Sites.
In the event of termination, :-
a. your access to the website will be terminated immediately;
b. the Company reserves the right to permanently dispose and/or delete all data/information stored/held in the website and/or Account without further reference to you; and
In addition thereto, you shall not be entitled to any compensation or indemnity as a result of termination in accordance with the terms contained herein..
Your continuance use of and/or access to the website and/or Services following such change constitutes your acceptance of the revised T&C.
Last updated 04 October 2019
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