Terms of Use

Welcome to BidProperty.com.my's web/WAP site www.bidproperty.com.my. These Terms of Use apply to your use of the web/WAP site and services (the “Site”) owned and operated by BidProperty.com.my.

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.

1. Limited License and Ownership

   BidProperty.com.my 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 BidProperty.com.my or licensed to BidProperty.com.my and is protected by Malaysian and foreign copyright laws and international conventions. As between you and BidProperty.com.my, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of BidProperty.com.my or licensed to BidProperty.com.my and is protected by Malaysian and foreign copyright laws and international conventions. All software used on this Site is the property of BidProperty.com.my or its software suppliers or licensed to BidProperty.com.my 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.

2. 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.

3. 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) BidProperty.com.my 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 BidProperty.com.my for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

4. 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 BidProperty.com.my.

5. 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. BidProperty.com.my 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.

6. 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.

7. 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 auction listings in our sole discretion, and without liability to any user.

8. 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.

9. Links

   These Terms of Use do not apply to your use of unaffiliated sites to which our Site only links, if any.

   BidProperty.com.my 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.

10. Errors

    The material provided by BidProperty.com.my may contain inaccuracies, factual or otherwise, or typographical errors. Except as may be specifically provided with respect to a particular sale, BidProperty.com.my 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 BidProperty.com.my 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.

11. Postings in interactive areas of the Web Site

    1. Posting

       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.

    2. 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.

    3. No Monitoring of Postings

       BidProperty.com.my 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 BidProperty.com.my 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.

    4. 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 BidProperty.com.my. Any unauthorized use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.

12. 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. BidProperty.com.my 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 BidProperty.com.my.

13. 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. BidProperty.com.my 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 BidProperty.com.my'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.

14. Indemnity

    You agree to indemnify, defend and hold harmless BidProperty.com.my, 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 BidProperty.com.my's successors, assigns and licensees.

    The site is provided on an "as is where is" and "as available" basis. BidProperty.com.my 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:

    1. (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 BidProperty.com.my.

    2. To the full extent permissible under applicable law, BidProperty.com.my disclaims any and all such warranties. to the full extent permissible under applicable law, BidProperty.com.my 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.

15. Use of Site

    BidProperty.com.my 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, BidProperty.com.my 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. BidProperty.com.my 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. BidProperty.com.my 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 BidProperty.com.my be liable to any user or any third party on account of that user's use of the web site. In no event shall BidProperty.com.my 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 BidProperty.com.my 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 from BidProperty.com.my.

16. Governing Law and Jurisdiction

    This Agreement shall be deemed to be made and executed in Malaysia. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The Parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.