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| USER AGREEMENT
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| 1. |
TERMS OF SERVICE
Welcome to PropertyStreet.com.my of Property Street
(M) Sdn. Bhd. (”PropertyStreet.com.my”).
PropertyStreet.com.my provides the PropertyStreet
features and services to you subject to the following
Terms of Service, which may be updated by PropertyStreet.com.my
from time to time without notice to you. You are advised
to periodically review the Terms of Service for changes.
If you do not agree and accept any of the Terms of
Service and Private Policy (as stipulated in Section
4 below) please exit and terminate access to the website
immediately.
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| 2. |
DESCRIPTION OF SERVICE
PropertyStreet.com.my currently provides users with
access to a rich collection of on-line resources on
properties in Malaysia, personalized content and branded
programming through its network of properties within
Malaysia only (“the Service”). Unless
otherwise explicitly stated, any new features that
augment or enhance the current Service, including
the release of new PropertyStreet.com.my properties
and/or resources shall be subject to the Terms of
Service. In order to use the Service, you must obtain
access to the World Wide Web, either directly or through
devices that access web-based content, and pay any
service and/or telecommunication charges associated
with such access. In addition you must provide all
equipment necessary to make such connection to the
World Wide Web, including a computer and modem and
other access device.
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| 3. |
YOUR REGISTRATION OBLIGATIONS AND SUPERVISING
CHILDREN
In consideration of your use of the Service, you
agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
the Service’s registration form (such information
being the “Member Data”) and (b) maintain
and promptly update the Member Data from time to time
to keep it accurate, current, true and complete. If
you provide any information that is inaccurate, not
current, untrue or incomplete or PropertyStreet.com.my
has reasonable grounds to suspect that such information
is inaccurate, not current, untrue or incomplete PropertyStreet.com.my
has the absolute right to suspend or terminate your
account and refuse any and all current or future use
of the Service or any part thereof.
PropertyStreet.com.my is concerned about the safety
and privacy of all its users, in particular –
children. For this purpose, PropertyStreet.com.my
does not authorize children access to the Service.
PropertyStreet.com.my therefore shall not be held
liable and/or responsible for the usage of the Service
by children. It is your responsibility as the parent
or legal guardian to supervise your children.
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| 4. |
PROPERTYSTREET.COM.MY PRIVACY POLICY
Member’s Data and certain other information
about you are subject to our Privacy Policy. PropertyStreet.com.my
is committed to respecting your online privacy and
recognize your need for appropriate protection and
management of any personally identifiable information
you share with PropertyStreet.com.my. You can see
that PropertyStreet.com.my does not request any visitor
to fill any “catch all” forms to capture
any information data about PropertyStreet.com.my visitors.
PropertyStreet.com.my understands your concern for
you own privacy and the information that you may have
given to PropertyStreet.com.my. PropertyStreet.com.my
wish to ensure user confidence by promoting the principles
of disclosure and fair information at PropertyStreet.com.my’s
site. PropertyStreet.com.my is committed towards guaranteeing
confidentiality and privacy at all times.
Personal information about you and your business
with PropertyStreet.com.my is only accessible by you
and by those who are authorized by PropertyStreet.com.my
to access it. PropertyStreet.com.my authorized personnel
must also use a password and are bound to safeguard
the information and access it only for approved business
purposes. You are the only person who has access to
your personal information (other than the administrator
of PropertyStreet.com.my or other authorized personnel
of PropertyStreet.com.my). Your user registration
is password-protected to prevent unauthorized access.
PropertyStreet.com.my strives to protect your personal
information however PropertyStreet.com.my cannot ensure
or warrant the security of any information you transmit
to PropertyStreet.com.my or from PropertyStreet.com.my
online services, and that you do so at your own risk.
Once PropertyStreet.com.my is in receipt of your transmission,
PropertyStreet.com.my shall ensure its security on
the PropertyStreet.com.my’s systems.
PropertyStreet.com.my website contains many links
to other websites on the Internet. PropertyStreet.com.my
is not responsible for the privacy or the contents
of such linked websites. PropertyStreet.com.my do
not share any of the personal information you provide
with the sites to which PropertyStreet.com.my links,
although PropertyStreet.com.my may share aggregate
information data with such websites (such as how many
people use PropertyStreet.com.my’s website).
PropertyStreet.com.my reserves the right to terminate
any links or linking programs at any time without
any notification to anybody.
PropertyStreet.com.my does not disclose information
about your individual visits to the website, or any
personal information that you provide to any outside
parties except when PropertyStreet.com.my believes
the law requires it. This information may also be
used by PropertyStreet.com.my to notify you of related
product and services, but will not be shared or sold
to third parties.
Please keep in mind that whenever you voluntarily
disclose personal information online – for example
in ads that you post or through e-mail – that
information can be collected and used by others. You
are solely responsible for maintaining the secrecy
of your passwords and/or any account information.
Please be careful and responsible whenever you are
online.
PropertyStreet.com.my disclaims and does not guarantee
or warrants full security of all information and data
stored or collected by PropertyStreet.com.my. This
means PropertyStreet.com.my shall not be held responsible
and/or liable for any breach of security or for any
actions of any third parties that receive such information
and data.
PropertyStreet.com.my reserves the right to transfer
all data and information in connection with the sale
of all or part of PropertyStreet.com.my’s capital
stock and/or assets.
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| 5. |
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and user name upon completing
the Member’s registration process. You are responsible
for maintaining the confidentiality of the password
and user name and are fully responsible for all activities
that occur under your password and user name. You
agree to (a) immediately notify PropertyStreet.com.my
of any unauthorized use of your password or account
and any other breach of security, and (b) ensure you
log off from your account at the end of each session.
PropertyStreet.com.my cannot and will not be liable
for any loss or damage arising from your failure to
comply with this Section.
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| 6. |
MEMBER’S CONDUCT
You acknowledge that all information, data, text,
software, music, sound, photographs, graphics, video,
messages and other materials (“Content”)
whether publicly posted or privately transmitted,
are the sole responsibility of the person from which
such Content originated. This means that you and not
PropertyStreet.com.my are entirely responsible for
all Content that you upload, post, e-mail or otherwise
transmit via the Service. PropertyStreet.com.my does
not control the Content posted via the Service and
as such does not guarantee the accuracy, integrity
or quality of such Content. You acknowledge that by
using the Service, you may be exposed to Content that
is offensive, indecent and/or objectionable. Under
no circumstances PropertyStreet.com.my or PropertyStreet
Sdn. Bhd. shall be liable in any way for any Content,
including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted,
e-mailed or otherwise transmitted via the Service.
You agree that you shall not use the Service to:
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upload, post, email or otherwise
transmit any Content that is unlawful, harmful,
threatening abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another’s
privacy, hateful, or racially, ethnically or otherwise
objectionable ; |
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harm minors in any way; |
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impersonate any person or entity, including,
but not limited to, a PropertyStreet.com.my official,
forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with
a person or entity; |
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forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service; |
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upload, post, e-mail or otherwise transmit any
Content that you do not have a right to transmit
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 nondisclosure
agreements); |
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upload, post, e-mail or otherwise transmit any
Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights
(“Rights”) of any party; |
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upload, post, e-mail or otherwise transmit unsolicited
or unauthorized advertising, promotional materials,
“junk mail”, “spasm”,
chain letters”, “pyramid schemes”,
or any other form of solicitation, except in those
areas (such as hopping rooms) that are designated
for such purpose; |
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upload, post, e-mail or otherwise transmit any
material that contains software viruses or any
other computer code, files, programs designed
to interrupt, damage, destroy or limit the functions
of any computer software or hardware or telecommunications
equipment; |
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disrupt the normal flow of dialogue, cause a
screen to “scroll” faster than other
users of the Service are able to type or otherwise
act in a manner that negatively affects other
users’ ability to engage in real time exchanges; |
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interfere with or disrupt the Service or Servers
or Networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service; |
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intentionally or unintentionally violate any
applicable law or regulation including but not
limited to, regulations promulgated by any security
exchange; or |
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collect or store personal data about other
users. |
You acknowledge that PropertyStreet.com.my does not
pre-screen Content, but that PropertyStreet.com.my
and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or
move any Content that is available via the Service.
Without limiting the foregoing, PropertyStreet.com.my
and its designees shall have the right to remove any
Content that violates the Terms of Service or is otherwise
objectionable. 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 PropertyStreet.com.my or submitted to PropertyStreet.com.my
including without limitation information in PropertyStreet.com.my
Message Boards, PropertyStreet.com.my Groups, and
in all other parts of the Service.
You acknowledge and agree that PropertyStreet.com.my
may preserve the Content and may also disclose the
Content: (a) to its affiliated companies worldwide
for the purpose of providing the Content to you in
an efficient manner, (b) for the purpose of properly
administering your account in accordance with the
standard operating procedures of PropertyStreet.com.my
or its affiliated companies, and/or (c) if required
to do so by law or in good faith belief that any such
preservation or disclosure is reasonably necessary
to: (i) comply with legal process; (ii) enforce the
Terms Of Service (iii) responds to claims that any
Content violates the rights of third-parties; or (iv)
protects the rights, property or personal safety of
PropertyStreet.com.my, its users and the public.
You acknowledge that the technical processing and
transmission of the Service, including your Content,
may involve transmissions over various networks and
changes to conform and adapt to technical requirements
of connecting networks or devices. PropertyStreet.com.my
reserves the right to terminate your access to some
or all parts of its Service if you withdraw your consent
in this paragraph at any time.
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| 7. |
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local laws and rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding
the transmission of technical data exported from Malaysia
and the country in which you reside (if different
from the aforementioned). When you are on any international
PropertyStreet.com.my property, you are bound by the
Terms of Service and applicable laws governing that
PropertyStreet.com.my property.
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8.
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INDEMNITY
You agree to Indemnify and hold PropertyStreet.com.my
and its subsidiaries, affiliates, officers, agents,
co-branders and other partners, and employees, harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of Content you submit, post to or transmit through
the Service, your use of the Service, your connection
to the Service, your violation of the Terms of Service,
or your violation of any rights of another.
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| 9. |
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, or access
to the Service.
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| 10. |
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PropertyStreet.com.my may establish
general practices and limits concerning the use of
the Service, including without limitation the maximum
number of days that the listing, message board postings
or other uploaded Content will be retained by the
Service, the maximum number of listing that may be
sent from or received by a member on the Service,
the maximum size of any listing that may be sent from
or received by a member on the Service, the maximum
disk space that will be allotted on PropertyStreet.com.my’s
servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may
access the Service in a given period of time. You
agree that PropertyStreet.com.my has no responsibility
or liability for the deletion or failure to store
any listing and other communications or other Content
maintained or transmitted via the Service. You acknowledge
that PropertyStreet.com.my reserves the right to log
off members that are inactive for an extended period
of time. You further acknowledge that PropertyStreet.com.my
reserves the right to change these general practices
and limits at any time, in its sole discretion, with
or without notice.
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| 11. |
MODIFICATIONS TO SERVICE
PropertyStreet.com.my reserves the right at any time
and from time to time to modify or discontinue, temporarily
or permanently the Service (or any part thereof) with
or without notice. You agree that PropertyStreet.com.my
shall not be liable to you or to any third party for
any modification, suspension or discontinuance of
the Service.
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| 12. |
TERMINATION
You agree that PropertyStreet.com.my in its sole
discretion, may terminate your password, membership
(or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any
reason, including, without limitation,
for lack of use or if PropertyStreet.com.my believes
that you have violated or acted inconsistently with
the letter or spirit of the Terms of Service. PropertyStreet.com.my
may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or
without notice. You agree that any termination of
your access to the Service under any provision of
this Terms of Service may be effected without prior
notice, and acknowledge and agree that PropertyStreet.com.my
may immediately deactivate or delete your account
and all related information and files in your account
and/or bar any further access to such files or the
Service. Further, you agree that PropertyStreet.com.my
shall not be liable to you or any third-party for
any termination of your access to the Service.
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| 13. |
DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or
participation in promotions of, advertisers and merchants
found on or through the Service, including payment
and delivery of related goods or services, and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser or merchant. To the fullest
extent permitted by applicable law, you agree that:
(a) PropertyStreet.com.my shall not be responsible
or liable for any loss or damage of any kind incurred
as the result of any such dealings or as the result
of the presence of such advertisers and merchants
of the service (b) any orders placed by you on, and
any product specifications and product availability
appearing on, the Service (including, without limitation,
PropertyStreet.com.my Clearance) are subject to confirmation
by, and the terms and conditions of business of, the
relevant Merchant.
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| 14. |
LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources.
Because PropertyStreet.com.my has no control over
such sites and resources, you acknowledge and agree
that PropertyStreet.com.my is not responsible for
the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials
on or available from such sites or resources. You
further acknowledge and agree that PropertyStreet.com.my
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any
such Content, goods or services available on or through
any such site or resource.
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PROPERTYSTREET.COM.MY PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service
(“Software”) contain proprietary and confidential
information that is protected by applicable intellectual
property and other laws. You further acknowledge and
agree that the Content contained in sponsor advertisements
or information presented to you through the Service
or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights
and laws. Except as expressly authorized by PropertyStreet.com.my
or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works
based on the Service of the Software, in whole or
in part.
PropertyStreet.com.my grants you a personal, non-transferable
and non-exclusive right and license to use the object
code of its Software on a single computer; provided
that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer
any right in the Software. The foregoing is subject
to applicable statute and other express law. You agree
not to modify the Software in any manner or form,
or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not
to access the Service by any means other than through
the interface that is provided by PropertyStreet.com.my
for use in accessing the Service.
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| 16. |
DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT :
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, PropertyStreet.com.my
EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND
OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION
OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL
OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
RIGHT.
PropertyStreet.com.my MAKES NO WARRANTY OR REPRESENTATION
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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| 17. |
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PropertyStreet.com.my
SHALL NOT BE LIABLE 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 PropertyStreet.com.my
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE: (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING
OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TERMS
OF SERVICE MUST BE FILED WITHIN (1) YEAR AFTER SUCH
CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
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| 18. |
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDEMTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
17 AND 18 MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE
SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER
OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR
PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD
OF PropertyStreet.com.my
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| 19. |
SPECIAL ADMONITION FOR SERVICES RELATING
TO FINANCIAL MATTERS
If you intend to create or join any service, receive
or request any news, messages, alerts or other information
from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections
17 and 18 again. They go doubly for you. In addition,
for this type of information particularly, the phrase
“Let the investor beware” is apt. The
Service is provided for informational purposes only,
and no Content included in the Service is intended
for trading or investing purposes. PropertyStreet.com.my
shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted
via the Service, and shall not be responsible or liable
for any trading or investment decisions made based
on such information.
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| 20. |
NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes
to the Tems Of Service or other matters by displaying
notices or links to notices to you generally on the
Service.
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TRADEMARK INFORMATION
PropertyStreet.com.my, the PropertyStreet.com.my
logo, trademarks and service marks, and other PropertyStreet.com.my
logos and product and service names are trademarks
of PropertyStreet Sdn. Bhd. (the “PropertyStreet.com.my
Marks”). Without PropertyStreet Sdn Bhd’s
prior permission, you agree not to display or use
in any manner, the PropertyStreet.com.my Marks.
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| 22. |
GENERAL INFORMATION
The Terms of Service (including the guides and rules
referred to herein) constitute the entire agreement
between you and PropertyStreet.com.my. These Terms
of Service govern your use of the Service, superseding
any prior agreements between you and PropertyStreet.com.my.
You may also be subject to additional terms and conditions
that may apply when you use affiliate services, third-party
content or third-party software. The Terms of Service
and the relationship between you and PropertyStreet.com.my
shall be governed by the laws of Malaysia. You and
PropertyStreet.com.my agree to submit to the exclusive
jurisdiction of the courts located within Malaysia.
Any failure by PropertyStreet.com.my to exercise or
enforce any right or provision of the Terms of Service
shall not constitute a waiver of such right or provision.
If any provision of the Terms of Service is found
by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions
of the Terms of Service remain in full force and effect.
The section titles in the Terms of Service are for
convenience only and have no legal or contractual
effect.
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| 23. |
VIOLATIONS
Please report any violations of the Terms of Service
to PropertyStreet.com.my.
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