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TERMS & CONDITIONS

By using and / or browsing the Website, and/or signing as agents/ members/ user, you agree that you have read, understood and agree to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions, in whole or in part, please discontinue using and / or browsing our Website.

Megaproperty.my (the “Site”) is operated by Mega Online Sdn. Bhd. incorporated in Malaysia.

The Site may assign or change any part or parts of our rights under these Terms and Conditions without consent or prior notification.

Unless otherwise noted, you should assume that the copyright in everything you see or read on the Site including but not limited to any designs, text, graphics, source code, or software belongs to Mega Online Sdn. Bhd. Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Site without the prior written consent of Mega Online Sdn. Bhd.

You agree that you will not use this website or our services to carry out any “data mining” services to collect or collate information about the identities and offers of our clients and/or advertisers.

 

Interpretation

In this Terms and Conditions, unless the context otherwise requires:

                1.1.1  a reference to any document is a reference to that document as varied, novated or replaced from time to time;

                1.1.2  the singular includes the plural and vice versa;

                1.1.3  a reference to a gender includes all other genders;

                1.1.4  a reference to a person or entity includes a natural person, a partnership, corporation, trust, association, an unincorporated body, authority or other entity; and

1.1.5  a reference to a person includes that person’s legal personal representative, successors and permitted assigns.

1.2 Headings have been inserted for convenience only and shall not affect the interpretation of this Terms and Conditions;

Provision of the Site Services

2.1  The Site will provide the Hosting Services to the Client or Service User on the Terms and Conditions.

2.2  The Client acknowledge that the Website functions as an online platform for Service Users to connect with the Client for the purposes of transacting to respectively receive and provide Services. The Site is not itself the Client or a Service User.

3.  Availability

                3.1  The Client acknowledges that the Site’s systems, servers, and equipment may from time to time be inoperative or only partly operational as a consequence of                          mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.

3.2  In the event of any such interruptions the The Site will notify the Client by email or facsimile as soon as reasonably practicable of any such interruptions to its ability to provide the Hosting Services.

3.3  The Site agrees to rectify faults or problems and to restore the system to full operational capacity as soon as reasonably practicable.

4.  Limitation of Liability

4.1  The Site gives no condition, warranty, or undertaking, and makes no representation to the Client about the suitability of, or fitness of, the Hosting Services for the Client’s purposes other than those conditions, warranties, undertakings or representations expressly set out in this Agreement.

4.2  All warranties, conditions and other terms implied by statute or common law are excluded from the terms of this Agreement to the fullest extent permitted by law.

4.3  Nothing in this Terms and Conditions excludes or limits the liability of the Site for:

4.3.1  death or personal injury caused by the Site’s negligence; or

4.3.2  from fraudulent misrepresentation or fraud.

4.4  Subject to sub-clauses 4.2 and 4.3:

4.4.1  The Site’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance shall be limited to the Service Fees received in relation to the Hosting Services; and

4.4.2  in no event shall the Site be liable to the User whether arising under this or in tort (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss.

5.  Submitted as “User”

5.1  Any information you provide to Mega Online Sdn. Bhd. through or in connection with this Site will be treated as non-confidential and non-proprietary. Anything you transmit or post

becomes the property of Mega Online Sdn. Bhd. or its affiliates who are free to use the information for any purpose.

5.2  You agree that no submissions provided by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any submissions you make.

6.  Changes to these Terms and Conditions

The nature of our business is constantly evolving and therefore our Privacy Policy and Terms and Conditions will also change over time. You should check the website frequently to see if any recent amendments or additions have been made.

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