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: main@auctions.com.my