...
Contact Us

Terms of Use

Terms of Use

Last Updated: 15 March 2024

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and KWKLCC and its affiliate and subsidiary companies (collectively, “we”, “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website(s) (the “Website”), including any content, functionality, and services offered on or through our website(s) (collectively, and together with the Website, the “Services”). The Services contain material such as software, text, graphics, displays, images, photographs, audio, video, and other material, including without limitation the design, selection and arrangement thereof (collectively, the “Content”) provided by or on behalf of us.  

Please read the Terms of Use carefully before you start to use the Services. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES. 

The terms “you” and “your” refer to an individual registering with or accessing any or all of the Services.  You represent that you have the full right, power, and authority to enter into and perform these Terms of Use without the consent of any third party.

2. Changes to the Terms of Use

We may revise, update, or replace these Terms of Use from time to time in our sole discretion and without notice. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Use of the Services

  • Eligibility
    You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Use. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change their eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services under these Terms of Use is compliant with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Use as a condition to our obligations.
  • Non Malaysian Users
    The owner of the Website and the provider of the Services is based in Malaysia. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, Malaysia, the laws of which may not be as stringent as the laws of the country in which you reside.
  • Prohibited Uses
    You may use the Services only for lawful purposes and in accordance with these Terms of Use.  You agree you will not engage in any of the following activities:
    1. Access or use the Services or Content to collect any market research for a competing business;
    2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
    4. Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
    5. Use any robot, spider, scraper, or other automated means to access or collect data from the Services for any purpose without our express written permission;
    6. Sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Services;
    7. Use, modify, copy, or create derivative works from the Services or our proprietary trademarks, trade names, logos, trade dress, slogans, designs, and service marks (“Marks”) without our written permission, including without limitation using automated or manual means to access Content from the Services;
    8. Frame, mirror, embed or otherwise incorporate any portion of the Services in any other service or product;
    9. Remove, obscure, or alter any intellectual property rights notice related to any part of the Services or Marks;
    10. Send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful content;
    11. Facilitate the introduction, transmission or use of any: (a) malicious, harmful, or hidden code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, time locks, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with, disrupt, deactivate, delete, damage, modify, access, or otherwise impede the Services or any portion thereof;
    12. Interfere with, disrupt, or overburden the integrity or performance of the Services, or interfere with any other use of the Services;
    13. Attempt or assist others to attempt to gain unauthorized access to the Services or its related systems or networks; or
    14. Use the Services in any way not expressly authorized by these Terms.
    15. Post any User Content that:
      • Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty under the copyright Act of 1987 (Malaysia).
      • You know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
      • Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e., spamming);
      • Impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
      • Includes any confidential information, violates the rights of others (including, without limitation, the rights of publicity and privacy and rights under a contract), or otherwise contains any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms of Use.
  • Service Changes; Suspension
    We reserve the right to withdraw, amend, or stop the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all the Services to users, including registered users. Your continued use of the Services after any change or limitation constitutes your acceptance thereof.
  • Monitoring
    We have the right, but not the obligation, to review and monitor your use of the Services at any time, with or without notice, to ensure compliance with these Terms of Use
  • Property Data Restrictions
    In addition to other restrictions herein, for the avoidance of doubt, all property data provided through the Services is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS/RLS data through the Services is owned by the respective MLS/RLS, and you acknowledge the validity of the MLS’s/RLS’s copyright to such data.

4. Compliance Services

We do not provide compliance services.  You agree that the Services are provided for your convenience only, and not for purposes of enabling you to meet your obligations under applicable law or third-party agreements. You are solely responsible for ensuring compliance with such obligations.

5. Intellectual Property Rights

Except as expressly provided herein, the Services, Content, and Website are owned by us, our affiliate and subsidiary companies, and our and their licensors or other providers of such material, and are protected by Malaysia and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material through our Services.

No right, title, or interest in or to the Services or any of the Content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

You must not use our Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans used or displayed on the Services are the trademarks of their respective owners. You will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks. No title to or ownership in the Marks, or any associated intellectual property rights embodied therein, is transferred by implication to you under these Terms or Use. Any use of Marks by you that is permitted under these Terms of Use will insure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Marks by any party that is not authorized by these Terms of Use. If you provide us with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all intellectual property rights therein, waiving all claims thereto, including claims of payment and credit.

6. Information and Data About You and Your Use of the Services

You agree that we may collect, store, use, and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy. Without limiting the rights contained in the Privacy Policy, you understand and agree that we may use both the data you input into as well as usage data (such as search criteria) to provide and improve our real estate services.

7. Limitation of Liability

IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF OUR OR THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. OUR LIABILITY TO YOU FOR USE OF AND/OR ACCESSING THE SERVICES OR WEBISTES SHALL IN NO EVENT EXCEED THE GREATER OF THE FEES, IF ANY, YOU HAVE PAID FOR THE SERVICES OR ONE HUNDRED RINGGIT (RM100).  THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 

8. Third Parties

We may, in our sole discretion, (a) delegate or subcontract the performance of any portion of the Services to third party service providers, and (b) make available one or more third party applications and/or services (“Third Party Products”) to you in connection with the Services. Third Party Products may be separately licensed to you by their respective providers. If you access a Third-Party Product from the Services, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from all liability arising from your use of any Third-Party Product, and we make no representations or warranties of any kind in respect thereof. PLEASE VISIT THIRD PARTY WEBSITES TO REVIEW THEIR TERMS OF USE. ADDITIONALLY, THERE MAY BE LINKS TO THIRD PARTY SITES WHICH ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE.

10. Digital Millennium Copyright Act

If you believe that any materials on the Services violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. 

11. Miscellaneous

  • Nature of Relationship.
    The relationship of the parties under these Terms of Use is that of independent contractors.  No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. 
  • Headings; Interpretation
    Section headings used in these Terms of Use are for convenience only and are not to be considered in construing or interpreting these Terms of Use.  As used herein, “including” means “including without limitation.”
  • Third Party Rights
    These Terms of Use are for the benefit of us and our affiliates, subsidiaries, vendors, and suppliers, and our and their officers, directors, affiliates, agents, licensors, and suppliers.  Each of these entities and individuals shall have the right to assert and enforce these Terms of Use directly against you on its or their behalf.
  • How to Contact Us
    If you have any questions, feedback, comments, or requests with respect to the Services, please contact us at info@propestates.com
Seraphinite AcceleratorOptimized by Seraphinite Accelerator
Turns on site high speed to be attractive for people and search engines.