The Terms and Conditions (T&C) set out herein below govern the use of Hartabumi.my and all its related sub-sites (‘the Site’) by the registered users. Registered Users includes any individuals or corporate entity who uses the services (as defined herein) provided by the Company whether as advertisers, licensors, property agents, developers and etc. The Registered Users must be entity recognised by the law and is capable of entering into legal contracts failing which the Company reserves its right to cancel or terminate any contracts or membership and entitled to be compensated adequately in accordance with the provisions of law.
The Registered Users are advised to read them carefully as it affects the Registered Users’ rights and liabilities under the Malaysian law. At all times, the Intellectual Property for this Site shall be owned by Rekayasa Bumi Sdn Bhd (“the Company”) and its permitted assign.
By using the Site, the Registered Users are deemed to have agreed to be bound by the T&C, as well as those terms and conditions incorporated by reference and/or implication therein.
For the avoidance of doubt, the Company shall provide the service of properties listing to the Registered Users upon terms stipulated herein (“Services).
The Company may amend the T&C including but not limited to any information provided to the Company by the Registered Users (so long as it does not prejudice the rights of the Registered Users under this T&C) from time to time without prior notice.
If the Registered Users continues to use the Site and/or services provided by the Company on the Site after the date on which any amendments come into effect, the Registered Users shall be deemed to have consented to be bound by the amended terms and conditions. In the event the Registered Users does not agree to the amendments, the Registered Users shall not continue to use the Site and/or the Services.
The Services herein are offered by the Company which has its registered office D-1205 Empire Damansara, Damansara Perdana, Jalan PJU 8/8 47800, Petaling Jaya, Selangor.
Section 1 PROPRIETORY MARKS
Copyright includes but not limited to all content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content”) are works protected under the Malaysian Copyright Act 1987.
Unless otherwise indicated, all the Intellectual Property associated with the site are the exclusive property of the Company. The Registered Users shall acquire no right, interest or benefit in or to them other than the right of use granted under this Agreement.
All accretions in the goodwill associated with the Intellectual Property reselling from the use of the sites thereof are solely for the benefit of the Company.
Unless otherwise indicated in this Agreement, the Registered Users is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company; modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and transferring and / or selling any information, software, Registered Users list, database or other lists, compilations, products or services provided through or obtained from the Company or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.
No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the Registered Users’ personal use only. The Registered Users further agrees that he or she will not infringe the Company’s copyright by any method or manner now known or as may exist in the future.
The Registered Users shall not use, register or apply to register any trademark, service marks, trademark or indicia similar to the proprietary mark or that in any way suggest on assertion or affiliation on the business.
The domain name on which the Site is hosted on is the exclusive property of the Company.
Hartabumi.my and its logos are trademarks or registered trademarks of the Company. Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.
All proprietary rights existing prior to the posting on the Site shall belong to the Party that owned such rights and neither party shall gain, by virtue of the posting, any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by the party who owns the rights. All trademarks reproduced in this website, which are not the property of, or licensed to the Company, are acknowledged on the Site.
Section 2 REGISTRATION AS USERS
In consideration of the registration of this Site, the Registered Users represents that the Registered Users is of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or other applicable jurisdiction.
the Registered Users undertake to the following provide true, accurate, current and complete information and maintain and promptly update the Registration Data to keep it true, accurate, current and complete
If the Registered Users provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to not approve, suspend or terminate the Registered Users’s account and refuse any and all current or future use of the Service (or any portion thereof).
Any charges for the Services under this Site are subject to the packages offered by the Company from time to time.
Section 3 RESPONSIBILITIES OF THE REGISTERED USERS
The Registered Users are personally responsible for their use of the Site and Services. The Registered Users uses the Site and the Services at their own risks.
The Registered Users shall use the Services in accordance with the terms and conditions of this Agreement 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 Registered Users shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which
infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
violates or is illegal under any applicable law, statute, ordinance or regulation.
The Registered Users shall not provide and/or cause to be provided information which is false, inaccurate or misleading;
involves the sale of counterfeit or stolen items, or any other fraudulent act infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party violates or breaches any law is defamatory contains pornographic or obscene materials 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 creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers 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.
“Information” referred to hereinabove includes but is not limited to any information provided by the Registered Users to the Company or to other Registered Users in any public message area (such as community forums, photo area and feedback area) or through emails.
Section 4 ONLINE CONDUCT OF THE REGISTERED USERS
The Registered Users hereby undertakes to comply with the T&C, and such other notices or guidelines that may be posted on the Site by the Company from time to time (which are hereby incorporated by reference into this T&C) not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
The Company collects information about its Registered Users (‘Registered Users Information’) during the listing process, where Registered Users are required to create a password before posting their listings and/or advertisements on the Site. A Registered Users will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.
All Registered Users activities are logged. When the Registered Users request pages from the Company’s servers, it automatically collects information about the Registered Users’ preferences, including the Registered Users’ Internet Protocol address.
The Company uses the Registered Users Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide Registered Users Information as provided by the Registered Users to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
Save as aforesaid, the Registered Users Information shall not be disclosed or released by the Company to any third party except with the consent of the Registered Users.
The Company shall at any time protect the Registered Users’s personal information and will take the relevant measures to safeguard the Registered Users’ personal information in accordance with the Personal Data Protection Act 2010 (“PDPA”)
Section 6 EXCLUSION OF LIABILITIES AND INDEMNITY
The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Company’s control and the Company shall not be liable for any loss, liability or damage which the Registered Users may incur as a result.
The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The Registered Users acknowledge and agree that the Company does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Company hereby expressly disclaim all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.
The Registered Users agree that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Registered Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the Registered Users’ own risks, and the Company shall not be responsible for any loss, damage or liability suffered by the Registered Users arising from such use or reliance.
The Registered Users at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, 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 the Company directly or indirectly, due to or arising out of the Registered Users’ breach of this Agreement (including the documents incorporated by reference), or arising out of the Registered Users’ violation of any law or the rights of a third party.
Section 7 LINKS TO OTHER WEBSITES
The Services contain links to third-party websites. These third-party sites are not under the control of the Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Hartabumi.my is not responsible or liable for the contents of any linked website. The Registered Users should make whatever investigation they feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Section 8 TERMINATIONS
The Registered Users agree that the Company may, under certain circumstances and without prior notice, immediately terminate the Registered Users’ account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:-
breaches or violations or purported breaches or violations of the T&C or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
a request by the Registered Users (self-initiated account deletions);
discontinuance or material modification to the Service (or any part thereof);
unexpected technical or security issues or problems;
extended periods of inactivity;
engagement by the Registered Users in fraudulent or illegal activities; and/or
non-payment of any fees owed by the Registered Users in connection with the Services.
Termination of the Registered Users account includes:-
removal of access to all offerings within the Service;
deletion of the password and all related information, files and content associated with or inside the account (or any part thereof);and
barring of further use of the Service. Further, the Registered Users agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of the account, any associated email address, or access to the Service.
Section 9 NOTICES
Notices to the Company may be sent by registered post to the following address:
Rekayasa Bumi Sdn Bhd
D-1205 Empire Damansara, Damansara Perdana,
Jalan PJU 8/8 47800, Petaling Jaya, Selangor.
Notices to the Registered Users shall be sent to the email address provided to the Company. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Company receives notification that the email address is invalid, or where sent by normal post to the Registered Users’ address, shall be deemed to be received after 14 days from the date of posting.
Section 10 GOVERNING LAWS
The T&C is governed by and are to be construed in accordance with the laws of Malaysia. By accessing this website and/or using the services provided herein by the Rekayasa Bumi Sdn Bhd or its permitted assign, the Registered Users hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this website.
The Company makes no representation that the materials, information, functions and/or services provided on this website are appropriate or available for use in jurisdictions other than Malaysia.
Section 11 General Provisions
The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the other provisions of the terms and conditions shall continue in full force and effect. Any rights not expressly granted herein are reserved.
Nothing mentioned in this T&C shall constitute any partnership, joint-venture, agency relationship between the Company and the Registered Users.
Any rights not expressly granted herein are reserved.