iLand2u.com (the “iLand2u”) reserves the right to change or modify these Terms & Conditions or any policy or guidelines of the Site, at any time and at its sole discretion from time to time with or without notice to you. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you agreed that your continued use of the Service including the use of this website (as defined below) after such update will constitute your acceptance of and agreement to be bound by the updated Terms & Conditions. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these Terms & Conditions periodically and check the version date for changes.
1. General
You are personally responsible for the use of the Site and/or Services. You shall use the Site and/or the Services at your own risk. iLand2u.com and its subsidiaries and affiliates (collectively, “iLand2u”) provide you with access to this Site and the services offered by iLand2u available on it, or other subsidiary and affiliated sites (collectively, the “Services”). Access to and use of the Services is governed by these Terms & Conditions and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code”).
The information or content contained on, distributed through, or linked, downloaded or accessed from or through the Services or the results that may be obtained from the use of the Services or in iLand2u or other subsidiary and affiliated sites should not be regarded as a substitute for professional legal, financial or real estate advice. a) For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or negotiator.
2. Description of Services
The Services include the iLand2u.com, impending websites and other content, products and/or services available on the Site and its affiliates. The Services may also be located on third party web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, web sites and/or applications that such third parties control. No information or content presented in the Services or in connection with any products and services forming part of the Services shall be deemed as a binding offer by us or the relevant third party.
3. No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services including all Content such as photographs, data, personal information, listings and articles whether posted by iLand2u, others or by yourself.
4. User Submitted Content
You are solely responsible for all Content, whether publicly posted or privately transmitted, are sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content, any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the “User Content”) that you post, submit, send, publish, display or link to on the Site or via other means. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Laws of Malaysia. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false, inaccurate or misleading. You also agree not to post, submit or link to any User Content that contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to post, submit or link to any User Content that introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature, or any other prohibited content as provided under the Content Code. Without limiting the foregoing, you will at all times adhere to strict proper online behaviour, which are incorporated into these Terms & Conditions.
You agree that by posting content on the Site, you are granting iLand2u a royalty-free, perpetual, irrevocable and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services.
You understand and agree that any User Content that you post or submit to iLand2u may be redistributed through the internet and other media channels, and may be viewed by its parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents.
You understand that iLand2u does not approve or control the User Content posted by others, and instead simply provides Services based on information that has been made available by others. iLand2u is not liable for any statements, representations, or User Content provided by its Users on the Site. iLand2u assumes no responsibility for monitoring the Site for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, iLand2u reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. iLand2u nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.
Enforcement of these Terms & Conditions is solely in our discretion, and failure to enforce the Terms & Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
In addition, these Terms & Conditions do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms & Conditions.
You understand that iLand2u does not endorse, warrant or bear any responsibility for the Content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which Users may provide.
Users are solely responsible for the accuracy of any data which Users may provide. You acknowledge that you are using the Site and/or the Services at your own risk. Under no circumstances will we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You agree to not use the Services to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, iLand2u or its parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Services or another person’s use of the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
(j) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
(k) commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Services or otherwise;
(l) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and
(m) to cache, hyperlink to, and frame the whole or any part of any websites comprised of in the Services save with our prior written permission.
We reserve all our rights to disable any links to any other website in our sole absolute discretion. You acknowledge that we may or may not pre-screen Content, but that we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Services. Without limiting the foregoing, we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents shall have the right to remove any Content (whether or not provided by you) that we believe in good faith violates the Terms & Conditions or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in all parts of the Services. You acknowledge, consent and agree that we may in our sole discretion 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 the Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property or personal safety as well as those of our Users and the public. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and our content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorised reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
5. Modifications to Services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
6. Privacy Policy
By giving or making available the Registration Data and such other information about yourself to us, you agree and acknowledge that we may use such information to contact you with communications, materials from third parties and that you give consent to such use (Registration Data will not be released to third parties). You further agree that providing us with your Registration Data and/or using the Services, you expressly request to receive and consent to receiving communications and materials from us from time to time. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to other countries for storage, processing and use by us and our affiliates.
For purposes of this document, the expression “personal data” shall bear the meaning as defined by the Personal Data Protection Act 2010 (“PDPA”), and includes “sensitive personal data” (as also defined by the PDPA).
Where applicable, and in relation to any personal data that may have been or may from time to time hereafter be provided by or on behalf of such provider of personal data and/or obtained independently by us from other lawful sources (if any) in connection with the Services, the data provider covenants that the provider of such personal data hereby acknowledges, confirms and consents to us collecting, recording, holding, storing, using, dealing with and otherwise processing such personal data, for any of the following purposes:
a) for our recordkeeping in the ordinary course of the Services;
b) to contact and communicate with the data provider and/or the organisation and/or such other persons or companies as represented by the data provider;
c) to contact and provide the data provider and/or the organisation and/or such other persons or companies represented by the data provider information regarding products, services, new launches, upcoming events, promotions, advertising, marketing and commercial materials (including emails, SMS or other means) and such other information as we feel may be of interest to the data provider;
d) to be used in, to provide and/or to improve the Services, analysing consumption patterns and choices, market surveys and providing other services to enhance and support the relationship of the data provider and/or the organisation and/or such other persons or companies represented by the data provider;
e) to enable our compliance with the obligations under any law, rule, regulation, bylaw, order, guideline, directive, policy and such other requirements in force and as amended from time to time relating to the Services and/or relating to the conduct of the business or activities of us or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents. The data provider, the organisation and/or such other persons or companies represented by the data provider respectively referre to above further acknowledge that information given or the request made by the data provider and/or the organisation and/or such other persons or companies represented by the data provider leading to the provision of any personal data is sufficient, accurate, complete and not misleading, and that such personal data is provided voluntarily and is necessary for the purposes set out above. Where the data provider provides any personal data for or on behalf of another, the data provider covenants that he has obtained the consent of such other and that the personal data is given voluntarily, accurately and is complete; failing which the data provider shall indemnify us against any claims from such other person. Please be informed that apart from the personal data which you have provided to us, we may also collect such data from other sources, for example, through our media launches which you may have been invited to or participation in our campaigns where you are required to provide personal data about yourself and other parties.
If you do not wish any part of your personal data to be used by us, you will be required to notify us of this immediately.
Where personal data is requested, the data provider, the organisation or such other persons or companies represented by the data provider has the option not to provide additional information requested other than the information which we have indicated as necessary to facilitate the use of Services. If data provider does not complete the required fields for itself or on behalf of the organisation or such other persons or companies represented by the data provider as the case may be, we will not be able to offer the Services and/or fulfil the request of data provider and/or the organisation and/or such other persons or companies represented by the data provider.
In connection with the purposes above, we are hereby permitted to disclose such personal data to the relevant authorities, iLand2u’s successor in interest, solicitors, other advisers, suppliers, contractors and/or service providers, and the company’s parent company, group of companies, related and associated companies, affiliates and partners, some of whom may be outside Malaysia, who may undertake administrative, management and operational functions for or on behalf of the company in respect of or arising from the use of the Services.
In the event of a sale of business, disposal, acquisition, merger or reorganisation involving the company or the assets of the company to another party, personal data may be required to be disclosed and/or transferred to the other party as part of the process of sale, disposal, acquisition, merger or reorganisation. The data provider acknowledges and covenants that the provider of such personal data has acknowledged, confirmed and consented to iLand2u that such disclosure and transfer may occur and hereby permit the company to release the personal data to the other party and its advisers and representatives and that the other party has the provider’s consent to process such personal data.
7. Cookies
This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for Internet Explorer, Mozilla, and Google Chrome browsers. Please refer to your browser’s Help for more information about enabling cookies.
A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
8. Disclaimer of Warranties
You expressly understand and agree that:
a) The information or content contained on, distributed through, or linked, downloaded or accessed from or through the Services (the “materials”) or the results that may be obtained from the use of the Services are provided to you for informational purposes only and are not to be used or considered as an offer or a solicitation to sell or an offer or solicitation to purchase or any advice or recommendation with respect to information provided by you or other Users. Neither we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents make any representation or warranty or guarantee as to the completeness, accuracy, timeliness or suitability of any information contained within any part of the
Services nor that it is free from error. We or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents does not accept any liability (whether in contract, tort or otherwise howsoever and whether or not they have been negligent) for any loss or damage (including, without limitation, loss of profit), which may arise directly or indirectly from use of or reliance on such information. Whilst the information provided has been obtained from sources believed to be reliable, neither we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents attests to its accuracy or completeness.
b) The Services is provided for informational purposes only, and no Content included in the Services (such as any financial or calculation tools) is intended for trading or investing purposes nor shall it constitute any specific advice given to you. You agree that you are solely and absolutely responsible for all sale or investment decisions made by you. We and our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers, agents shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment decisions based on such information;
c) Whilst we have attempted to confirm the veracity of information supplied, the scope of work did not extend to verification of all information supplied or due diligence. Our Services has been prepared on the assumption the instructions and information supplied has been provided in good faith, is not in any way misleading or deceptive, contains a full disclosure of all information that is relevant. We and our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers, agents does not accept any responsibility or liability whatsoever in the event that the User has provided insufficient, false or misleading information.
d) Your use of the Services is at your sole risk. The Services is provided on an “as is” and “as available” basis. We and our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers, agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchant ability, fitness for a particular purpose and non-infringement (other than any warranty the exclusion of which is not lawful);
e) We and our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers, agents make no warranty that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure or error-free; (iii) the Services will be accessible at any time or at all times via the channel selected or used by you, (iv) the information or content contained on, distributed through, or linked, downloaded or accessed from or through the Services (the “materials”) or the results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations; and (v) any errors in the Services will be corrected;
f) Any reliance upon or use of any of the materials shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any part of the Services or the materials. The materials are provided or made available by us on an “as is” basis, and we expressly disclaim any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any of the materials or the products;
g) Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or equipment or loss of data that results from the download of any such material;
h) No advice or information, whether oral or written, obtained by you from us or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents or through or from the Services shall create any warranty not expressly stated in the Terms & Conditions (save for any fraudulent misrepresentation by us or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents, as the case may be);
9. Limitation of Liability
You expressly understand and agree that we and our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents, as the case may be, has given advices of the possibility of such damages), resulting from: (i) the Services, the materials and the products; (ii) the use or the inability to use the Services; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through or from the services; (iv) unauthorised access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Services; (vi) any goods or services disposed of or messages sent or received using the Services; or (vii) any other matter relating to the Services, the materials or the products. Nothing in these Terms & Conditions shall make us or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents, as the case may be, liable for death or personal injury resulting from our or their negligence.
10. Exclusions and Limitations
You acknowledge that the disclaimers and exclusions of liability set forth in sections 8 and 9 above represent a 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 the 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.
11. Indemnity
The User at all times agrees and undertakes to indemnify, hold harmless and defend iLand2u, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by iLand2u directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
You agree to indemnify and hold us and our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents harmless from any claim or demand, including reasonable legal or attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms & Conditions, or your violation of any rights of another or your breach of any applicable law.
12. Termination
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the Terms & Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
13. Our Proprietary Rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than we or our parent company, subsidiaries, associated companies, directors, officers, employees, servants, partners, suppliers or agents through the interface that is provided by us for use in accessing the Services.
14. Notice
We may provide you with notices, including those regarding changes to the Terms & Conditions, by email, regular mail or postings on the Services. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Services, will constitute sufficient and adequate notice to you of the matters contained therein.
15. Trademark Information
The iLand2u logo, trademarks and service marks and other logos and product and services names are our trademarks and/or those of our parent, holding, subsidiary and related companies, as the case may be (the “Marks”). Without the prior written permission of our parent, holding, subsidiary and related companies or us, as the case may be, you agree not to display or use the Marks in any manner.
16. Waiver and Severability of Terms
The failure on our part to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the Terms & Conditions remain in full force and effect.