A. The terms and conditions (T&C) set out herein below govern the use of Hartabumi.my and all its related sub-sites (‘the Site’). This T&C shall be applicable to any person (who has the legal capacity to enter into contract under the Malaysian law) or authorised person/corporate representatives of a registered company, who view or/and visit or/and benefit from the information of this Site (hereinafter referred to as “the Visitors”). The Visitor is advised to read them carefully as they affect their 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”) or its permitted assigns.
B. By using the Site, the Visitor is deemed to have agreed to be bound by the terms and conditions set out in this T&C as well as those terms and conditions incorporated by reference and/or implication therein.
C. The Company may amend the contents of the Site from time to time without prior notice.
D. If the Visitors continue to use the Site and/or services provided by the Company on the Site (‘the Services’) after the date on which any amendments come into effect, the Visitors shall be deemed to have consented to be bound by the amended terms and conditions. In the event the Visitors does not agree to the amendments, the Visitors shall not continue to use the Site and/or the Services.
E. The services herein are offered by the Company which has its registered office at D-1205 Empire Damansara, Damansara Perdana, Jalan PJU 8/8 47800, Petaling Jaya, Selangor.
Section 1 EXCLUSION OF LIABILITIES & INDEMNITY
1.1 The Visitors is personally responsible for their use of the Site and/or Services. The use of any information or materials on this Site is entirely at the Visitors’s own risk, for which the Company shall not be liable. It shall be the Visitors’s own responsibility to ensure that any products, services or information available through this Site meet their own specific requirements and the Company shall bear no responsibilities in this regard.
1.2 The Visitors shall use the Services in accordance with the T&C 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”).
1.3 The Visitors 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 Visitors’s breach of this T&C (including the documents incorporated by reference), or arising out of the Visitors’s violation of any law or the rights of a third party.
Section 2 PROPRIETORY MARKS
2.1 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 or any of its amendments.
2.2 Unless otherwise indicated, all the Proprietory Marks in respect of the Site are the exclusive property of the Company. The Visitors shall acquire no right, interest or benefit in or to them other than the right of use granted under this T&C.
2.3 All accretions in the goodwill associated with the Proprietory Marks reselling from the use of the sites thereof are solely for the benefit of the Company.
2.4 Unless otherwise indicated in this T&C, the Visitors is strictly prohibited from carrying out any of the following acts without the prior written consent of the Company:-
i. 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
ii. transferring and / or selling any information, software, Visitors 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.
2.5 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 Visitors’s personal use only. The Visitors 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.
2.6 The Visitors shall not use, register or apply to register any trademark, service marks or indicia similar to the proprietary mark or that in any way suggest on assertion or affiliation on the business.
2.7 The domain name on which the Site is hosted on is the exclusive property of the Company.
2.8 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.
2.9 All proprietory 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 Site, which are not the property of, or licensed to the Company, are acknowledged on the Site.
Section 3 DISCLOSURE OF PERSONAL DATA
3.1 The Visitors’ personal data may be disclosed to any member of the Company, which means its affiliates and subsidiaries including third parties such as its service providers and professional advisors.
3.2 The Company is under a duty to disclose or share the personal data in order to:
i) comply with any legal obligation;
ii) to enforce or apply the T&C and other agreements;
iii) protect the rights, property, or safety of the Company and its affiliates and subsidiaries, other Visitors of the Website, or others;
iv) in connection with any legal proceedings or prospective legal proceedings; and
v) to the purchaser, or prospective purchaser of any business or asset which the Company is, or is contemplating selling.
3.3 The Company shall at any time protect the Visitors’s personal information and will take the relevant measures to safeguard the Visitors’s personal information in accordance with the Personal Data Protection Act 2010. (“PDPA”)
Section 4 NO WARRANTY
5.1 Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.2 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 Visitors may incur as a result.
5.3 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.
5.4 The Visitors 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 disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.
5.5 The Visitors agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Visitors and from users and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the Visitors’s own risk, and the Company shall not be responsible for any loss, damage or liability suffered by the Visitors arising from such use or reliance.
Section 5 LINKS TO THIRD PARTY WEBSITES
5.1 The Site may contain links and/or references to other websites (‘Third Party Websites’). The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
5.2 Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.
5.3 Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
5.4 In the event the Visitors decides to leave the Site and access Third Party Sites, the Visitors does so at his or her own risk.
Section 6 RELEASE
In the event that one Visitors has a dispute, claim and/or action against one or more other Visitors, the Visitors hereby agree to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
Section 7 GOVERNING LAWS
7.1 The House Rules are 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 Visitors 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 Site.
7.2 Rekayasa Bumi Sdn Bhd or its permitted assign makes no representation that the materials, information, functions and/or Services provided on this Site are appropriate or available for use in jurisdictions other than Malaysia.
Section 8 GENERAL PROVISIONS
8.1 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.
8.2 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.
8.3 Any rights not expressly granted herein are reserved.