Mega Online Sdn. Bhd. (“we” or “us” or “our”) is the operator of https://www.megaproperty.my/ (the “Website”) and we are committed to safeguarding your personal data.
Unless expressly stated otherwise the following definitions shall apply to the terms used in this Terms and Conditions: –
“Client” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
“Client Content” means all materials created or supplied by the Client to The Site;
“Computer Virus” means any programs or data incorporated into software or data that disrupts the proper operation of a computer hardware system or the associated software;
“Confidential Information” means all information passing from one party to the other party relating to the business of the disclosing party, including but not limited to trade secrets, drawings, know-how, techniques, source and object code, business and marketing plans and projections, arrangements and agreements with third parties, customer information and customer information proprietary to customers, formulae, suppliers, concepts not reduced to material form, designs, plans and models;
“Expenses” means the out of pocket expenses incurred by the The Site in acquiring anything reasonably necessary for it to perform the requirements imposed on it by this website;
“Fee” means the fee specified in clause 8 of the Terms and Conditions to be paid by the Client for the performance by the The Site of its obligations under this Agreement;
“Hosting Services” means those services provided to the Client in various categories of the Website or by the relevant Personnel;
“Intellectual Property” means all intellectual property rights relating to or owned by “The Site” anywhere in the world (including present and future intellectual property rights) including but not limited to Confidential Information, business names or logos, domain names, copyright, database rights, patents, trade or service marks, designs, software, computer data, generic rights, software programmes and source code and all variations, modifications or enhancements to each of them together with any application or right to apply for registration or protection of those rights;
“Materials” means all materials owned by a party used in the provision of the Hosting Services, including but not limited to software programs and source code;
“Online Conduct Policy” means the policy in Clause 12 setting out the terms and conditions on which the Client agrees to utilise the The Site’s network, systems, products and services;
“Personnel” means any employees, officers, agents, contractors, or directors of the The Site;
“Service” means the professional service offered and / or to be rendered by the Service Professional in the course of his business to a service user;
“Service User” means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a request for professional services offered by Service Professionals, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Professional via the Website;
“Website” means the website or sites as hosted by the The Site any other related microsites and / or mobile or web applications owned and operated by The Site, which may or may not be of similar names and any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content, including but not limited to “Mega Property”.
2. Confidential Information
2.1 Each party may use the Confidential Information of a disclosing party only for the purposes of this Agreement and must keep confidential all Confidential Information of each disclosing party except to the extent (if any) the recipient of any Confidential Information is required by law to disclose the Confidential Information.
2.2 Either party may disclose Confidential Information of the other party to those of its employees and agents who have a need to know the Confidential Information for the purposes of this Agreement but only if the employee or agent executes a confidentiality undertaking in a form approved by the other party.
2.3 All documents and other materials containing Confidential Information of either party will be returned to that party immediately upon completion of the Hosting Services.
2.4 The parties’ obligations to keep information confidential will survive the termination of this Agreement.
2.5 The obligations of confidentiality under this Agreement do not extend to information that:
2.5.1 was rightfully in the possession of the receiving party before the negotiations leading to this Agreement;
2.5.2 is, or after the day this Agreement is signed, becomes public knowledge (otherwise than as a result of a breach of this Agreement); or
2.5.3 is required by law to be disclosed.
3. Data Security Policy
3.1 The Hosting Company control physical security in relation to the information and personal data that is contained at the Hosting Company’s facilities and restrict access to the site, buildings, computer rooms, office desk, technology areas, equipment and other facilities where unauthorised access by people could compromise the Hosting Company’s security.
3.2 All proprietary or confidential information, including personal data, is contained or stored on the Hosting Company’s information technology equipment and any that is contained and stored on manual files is locked up and secure.
3.3 The Hosting Company control access to information and personal data, including existing procedures for authorising and authenticating users as well as software controls for restricting access and techniques for protecting data such as encryption.
3.4 The Hosting Company maintain a business continuity plan as a contingency plan which identifies the Hosting Company’s business functions and assets (including personal data) which would need to be maintained in the event of disaster and set out the procedures for protecting and restoring them if necessary.
3.5 In respect of detection and investigation of breaches where they occur, the Hosting Company have in place relevant controls which should alert the Hosting Company to a breach in security.
3.6 The Hosting Company endeavour to investigate every breach of security.
3.7 The Hosting Company cannot guarantee the security of any personal information or data disclosed to it or collected by it.
4.1 The Hosting Company are strongly committed to the protection of the Client’s privacy online and accordingly, the Hosting Company take protective measures to protect the personal information provided to the Hosting Company by the Client.
4.2 The Hosting Company also take further measures to comply with the relevant statement regarding what the Hosting Company can do with personal information the Hosting Company obtain from the Client.
4.3 The Hosting Company are notified under the Personal Data Protection Act 2010 (Act 709) and intend to comply with all the Hosting Company’s obligations under that Act. The Client consent to the Hosting Company’s processing of the Client’s information.
4.5 The Hosting Company collect certain information or data about the Service User when the Service User use the Hosting Company’s Website. The details the Hosting Company collect includes information the Service User provide, the Service User ‘s IP address, details of the Service User t’s web browser, information on how the Service User use the Hosting Company’s Website.
4.6 The Hosting Company may provide the data collected from the Service User or other third party including the Hosting Company’s agents and contractors in connection with the service. The Hosting Company will not inform the Service User prior to disclosing the Service User’s information to any other third party.
4.7 The registration information the Service User provide may be required to use the service or Website. The Hosting Company will store this information and data and use it to contact the Service User, provide the Service User with further details of the services and otherwise for the normal use, provision of services and improvement of the Website, unless the Service User ask the Hosting Company not to do so.
4.8 The information may be disclosed to third parties to enable the Service User to gain access to any restricted part of the Website, enable the Service User to receive information which the Service User have requested to be sent to the Service User by post or for the Service User to receive specified services.
4.10 The Hosting Company are taking and will endeavour to continue taking all reasonable steps in order to protect the Service User ‘s personal information and data. However, the Hosting Company cannot guarantee the security of any personal information or data the Service User disclose online, having regard to the nature of the internet. The Hosting Company may use encryption technology from time to time to assist in protecting any information or data which the Service User submit. In any event, the Service User accept the inherent security implications of disclosing information over the internet and agree not to hold the Hosting Company responsible for any breach of security unless the Hosting Company have been negligent or willfully in default of the Hosting Company’s obligations under the relevant legislation.
4.11 The Hosting Company store the Service User ‘s data on the Hosting Company’s secure services in Malaysia but the Hosting Company may store it outside Malaysia where the Hosting Company’s employees, agents or partners need to view it.
4.12 The Hosting Company cannot completely guarantee the security of the Client’s data transmitted over the internet, but the Hosting Company have relevant security procedures to safeguard the Service User’s data.
5. No Confidentiality
6.1 The Hosting Company reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms and Conditions and any other documents incorporated by reference at any time. It is the Service User ‘s responsibility to review the Terms and Conditions for any changes. The Service User ‘s use of the Website following any amendment of the Terms and Conditions will signify the Client’s assent to and acceptance of any revised Terms and Conditions. If the Service User do not agree to abide by these or any future Terms and Conditions, please do not use or access the Website.
7. Force Majeure
7.1 “Force Majeure” means anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, labour dispute, labour shortage, power shortage, transportation embargo, failure or delay in transportation, including without limitation where the Hosting Company ceases to be entitled to access the Internet or ceases to have access to the Internet for whatever reason, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency.
8.1 None of the rights or obligations of the Recipient under this Terms and Conditions may be assigned or transferred nor shall any such rights be mortgaged, charged, sub-contracted subject to a declared or undeclared trust or otherwise dealt with in any other manner.
8.2 This Terms and Conditions is binding on and shall apply for the benefit of the parties’ personal representatives, successors in title and permitted assignees.
8.3 This Terms and Conditions constitutes the entire agreement between the parties relating to its subject matter, and supersedes all previous agreements between the parties relating to that subject matter.
8.4 Any variation or waiver of any of the terms of this Terms and Conditions shall not be binding unless set out in writing, expressed to amend this Agreement and signed by or on behalf of each of the parties.
8.5 If any provision of this Terms and Conditions, or any part of a provision of this Terms and Conditions, is found to be illegal, invalid or unenforceable the remaining provisions, or the remainder of the provision concerned, shall continue in effect.
8.6 A failure or delay in enforcing compliance with any term of this Terms and Conditions shall not be a waiver of that or any other term of this Terms and Conditions.
8.7 The Recipient shall execute such further documents and perform and do such further acts and things as the Discloser may reasonably request in writing in order to carry the provisions of this Terms and Conditions into full effect.
8.8 The parties to this Terms and Conditions acknowledge that this Terms and Conditions was negotiated and executed and that such negotiations and execution of this Terms and Conditions were not affected by fraud, undue influence, coercion or duress or an unequal bargaining power.
8.9 All notices which are given in connection with this Terms and Conditions shall be in writing and shall be sent to the address set out on the first page of this Terms and Conditions or to such other address as the addressee may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally or by first class posted letter or facsimile transmission and shall be deemed to have been served if by personal delivery when delivered if by posted 5 days after posting and if by facsimile transmission when dispatched subject to the production by the sender’s facsimile machine of a successful transmission report.
8.10 A person who is not a party to this Terms and Conditions has no rights under the Contracts Act 1950 to enforce any term of this Terms and Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
8.11 The rights and remedies provided for in this Terms and Conditions are cumulative with and not exclusive of any rights or remedies otherwise provided by law or in equity.
8.12 Neither this Agreement nor any future negotiations shall commit either party to proceed with any further transaction which is subject to a formal written agreement being agreed and signed by the parties.
9. Law and Jurisdiction
9.1 This Terms and Conditions shall be governed by the laws of Malaysia and the parties submit to the exclusive Jurisdictions of the relevant Courts of Malaysia