You should read the Terms and Conditions carefully before using theedgeproperty.com. By using theedgeproperty.com or indicating your agreement by clicking the Accept button, you agree to be bound by the Terms and Conditions. Please note that this is a legally binding contract with The Edge Communications Sdn. Bhd.(“THE EDGE”), the owner of theedgeproperty.com. If you do not agree with the Terms and Conditions, you should not use theedgeproperty.com and please click the Reject button or cancel the registration procedure.
A. SCOPE OF SERVICES
A.1
We will make available to you various property news and information and related services through theedgeproperty.com in accordance with the Terms and Conditions.
A.2
We may, at our sole discretion, vary, amend, add to, or suspend theedgeproperty.com or any part thereof including the removal of the content of any web pages forming part of theedgeproperty.com, and we may do so with or without giving you prior notice.
A.3
theedgeproperty.com may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions or other disruptions.
B. FEE
B.1
We reserve the right at any time to charge subscription fees for access to theedgeproperty.com or any part thereof. The amount of subscription fee, the subscription period therefor and the specific terms of subscription (if any) are as indicated on the on-line registration form.
B.2
You shall bear any taxes, duties or levies to which the subscription fee is subject.
C. YOUR OBLIGATIONS
C.1
You shall be solely responsible for the set-up or configuration of your computer system (hardware, equipment and software) to ensure you will have optimal access to theedgeproperty.com at all times. As we may also from time to time incorporate new technologies in theedgeproperty.com, we suggest you seek expert help in configuring and maintaining your computer system. Communication equipment and/or service to access the Service, and all charges, including Internet connection charges, telephone charges, and other fees or charges incurred or payable in respect thereof are to be borne by you absolutely.
C.2
Information transmitted through the Internet is in general not confidential. When registering for the Service, you will be required to furnish your preferred username and password. We cannot therefore and will not guarantee the privacy or protection of your personal information including your User ID and Password. You shall therefore take all necessary measures (such as changing Password regularly) and not be disclosed to any persons to protect the secrecy of such information, to prevent unauthorised access to your account. You are solely responsible for the security of your username and password. THE EDGE shall not be responsible for any unauthorised use of your account. You shall immediately notify us of any unauthorised use of your User ID and/or Password or any other breach of security known to you.
C.3
You shall use theedgeproperty.com in a manner consistent with any and all applicable laws, regulations and directives of the applicable jurisdictions.
C.4
theedgeproperty.com is made available to you for your own personal use only. In no event shall you use theedgeproperty.com for or in connection with any business or commercial enterprise, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
C.5
We shall regard all the information provided by you upon registration as true, accurate and correct, and if there shall be any change to any of the information thereafter, you shall immediately notify us.
D. NO INVESTMENT ADVICE
D.1
All news, articles and material displayed on theedgeproperty.com are for your information only and are no substitute for independent research and/or verifications.
D.2
In particular, you shall not treat theedgeproperty.com as a property, financial or investment advisory service. Any information that may be given by theedgeproperty.com is provided on a general basis and does not take into account your specific investment objectives, financial status and particular needs. You shall therefore seek specific advice from your stockbrokers, lawyers, financial advisers, or such other appropriate professionals before acting or relying on the information obtained from theedgeproperty.com.
E. POLL, COMMENTS, FORUM, SURVEY
E.1
The Poll, Comments, Forum, Survey provides users an opportunity to post and exchange information, ideas and opinions (the “Postings”). While we may screen, edit or review any Posting prior to its appearance on the Poll, Comments, Forum, Survey, we do not undertake to perform such screening, edit or review nor do we endorse or approve the Posting’s content in any way. As such, Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the theedgeproperty.com.
E.2
Notwithstanding the above, we do reserve the right to monitor all materials posted via the POLL, COMMENTS, FORUM, SURVEY feature and to remove any of such material which we consider in our absolute discretion to be offensive or otherwise in breach of the Terms and Conditions. We therefore cannot guarantee that all Postings will appear on theedgeproperty.com.
E.3
You represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties. By making such Postings on theedgeproperty.com, you automatically grant to us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Postings or incorporate them into any form, medium or technology now known or later developed.
F. PROHIBITED CONDUCTS
F.1
You agree that you shall NOT:
1.
use theedgeproperty.com for spamming. Spamming includes (i) the bulk-sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients, (ii) the sending of junk mail, (iii) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (iv) posting commercial advertisements to newsgroup that do not permit them, (v) posting articles containing binary encoded data to a non-binary newsgroup, (vi) excessively and repeatedly posting off-topic messages to newsgroup, (vii) excessive and repeated cross-posting, (viii) e-mail harassment of another Internet user, including transmitting any threatening, libellous or obscene material, or material of any nature which could be regarded as offensive by the recipient, and (ix) the e-mailing of age-inappropriate communications or content to anyone under the age of 18;
2.
upload to, distribute through, or otherwise publish through theedgeproperty.com any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violate any law;
3.
re-sell or re-distribute theedgeproperty.com or any part thereof.
4.
use to construct a database of any kind on the service and the information contained therein. Nor may the service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the service in any way to improve the quality of any data sold or contributed by you to any third party.
G. INTELLECTUAL PROPERTY
G.1
All intellectual property rights and proprietary rights in all content and material inclusive of text, photographs, video, audio and graphics, that is part of, contained in, or accessed through theedgeproperty.com and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain our property or that of our licensors, as the case may be. No intellectual property or other rights shall be transferred to you.
G.2
You are authorised to download one copy of the material on theedgeproperty.com on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.
G.3
Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on theedgeproperty.com without our prior consent in writing.
G.4
You shall not acquire any rights to any mailbox number, User ID, IP address, circuit reference and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.
G.5
Any creative suggestions, ideas, notes, drawings, concepts or other information provided by you in respect of theedgeproperty.com, shall be deemed and remain our property.
H. NO WARRANTY
H.1
You accept that theedgeproperty.com is provided on an “as is, as available” basis. Any condition or warranty which may be implied or incorporated within the Terms and Conditions by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is hereby expressly excluded.
H.2
In particular, we do not give any warranty in respect of the timeliness, accuracy or completeness of any information provided on theedgeproperty.com because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control.
H.3
Material displayed on theedgeproperty.com may include views and opinions of third parties, which do not necessarily reflect ours. Therefore we cannot and do not guarantee the accuracy or completeness of, or otherwise endorse, these views and opinions.
H.4
Where we provide advertisements of third party products or services on theedgeproperty.com (whether or not by way of hypertext links to another website) we do so for information purposes only, and such advertisements are not endorsements or approval by us of any such products or services and we accept no liability nor make any endorsement or approval of the same. We neither endorse nor approve the contents of the third party websites to which such advertisements are linked and your access to such websites shall be entirely at your own risk and subject to such terms and conditions as may be posted thereon. The provision of certain parts of the Service is subject to the terms and conditions of other agreements to which The Edge Communications Sdn Bhd is a party.
I. DISCLAIMER
I.1
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND ON BEHALF OF OUR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THEEDGEPROPERTY.COM AND IT’S SERVICES.
I.2
Without prejudice to the foregoing, we, our officers, employees, agents, suppliers, and licensors shall not be liable to you for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings, direct, indirect, special, incidental or punitive losses or consequential damages) arising out of:
1.
your use or inability to use theedgeproperty.com or any part thereof;
2.
any error, omission or inaccuracy with respect to any advice or information obtained by virtue of theedgeproperty.com;
3.
the inaccuracies, delays, omissions, non-deliveries, misdeliveries of information caused by any human/mechanical/electrical fault, omission, breach of contract, negligence or otherwise
J. INDEMNITY
J.1
Without prejudice to any of the other provisions of the Terms and Conditions and to any other rights and remedies which we may have at law, you agree, at your own expenses, to indemnify, defend and hold us, our officers, employees, agents, suppliers, and licensors harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever (including claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including hacking), property damage or pecuniary losses howsoever arising, which we, our officers, employees, agents, suppliers and licensors may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the Terms and Conditions or the use of theedgeproperty.com whether authorised or not or any act or omission on your part.
K. TERMINATION
K.1
Either party may terminate your use of theedgeproperty.com, effectively immediately, at any time upon written notice to the other party. Upon termination, your right to use theedgeproperty.com immediately ceases. We shall not be liable to you nor to any third party for such termination.
K.2
Where a paid subscription of theedgeproperty.com is terminated, we will upon your request refund to you the pro-rata portion of the amount of the subscription fee paid for the unexpired portion of the subscription period. No refund shall be given however if the termination is due to your breach of the Terms and Conditions.
K.3
In addition we reserve the right at our sole discretion to immediately terminate your access to and use of theedgeproperty.com if you shall fail to comply with any of the Terms and Conditions.
L. NOTICES
L.1
Any notice required or permitted may be made by e-mail properly addressed to the intended recipient, and in the case of notice to us at the e-mail address provide below.
M. ASSIGNMENT
M.1
We may assign, delegate and/or otherwise transfer our rights and obligations hereunder to any person or entity. You may however not assign, delegate or otherwise transfer any of your rights or obligations hereunder without our prior written consent. The contract formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
N. NO WAIVER
N.1
No waiver on our part to exercise, and no delay in exercising, any right, power or provision of the Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision. The rights and remedies provided in the Terms and Conditions are cumulative and are not exclusive of any rights or remedies provide by law.
O. SEVERABILITY
O.1
Should any part of the Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms and Conditions had been eliminated.
P. ENTIRE AGREEMENT
P.1
The Terms and Conditions contain the entire understanding between us with respect of theedgeproperty.com and no representation, statement, inducement oral or written, not contained herein shall bind either of us.
Q. AMENDMENT OF TERMS AND CONDITIONS
Q.1
We reserve the right, at our sole discretion, to change, modify, add or remove any of the provisions of the Terms and Conditions at any time. Such modifications shall be effective immediately. You shall therefore check this page periodically for changes to the Terms and Conditions. Your continued use of theedgeproperty.com following the posting of changes to the Terms and Conditions shall mean that you accept those changes.
R. GOVERNING LAW & JURISDICTION
R.1
The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.
S. OTHER JURISDICTIONS
S.1
theedgeproperty.com is intended for use only in Malaysia. Therefore those who choose to access theedgeproperty.com from locations outside Malaysia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
T. INTERPRETATION
T.1
Section headings in the Terms and Conditions are for convenience only and shall not affect the meaning or interpretation of the Terms and Conditions or any provisions thereof.
T.2
Words in the singular include the plural, and vice versa.
T.3
A reference to a person includes a reference to a firm, a body corporate, an unincorporated association or authority.
T.4
A reference to writing includes any method of reproducing words in a legible and non-transitory form, including e-mail.
U. PRIVACY POLICY
U.1
We do not collect personally identifiable information about you except when provided voluntarily. Such personally identifiable information may be obtained from a contest registration, when you register to use theedgeproperty.com and in connection with content submissions, Postings, suggestions, voting/polling activities and transactional areas.
U.2
.We may disclose your personal information to third parties if we believe in good faith that such disclosure is necessary: (a) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (b) to protect our interests, rights, safety, or property; (c) to enforce any of the provisions of the Terms and Conditions; (d) to provide you with the services or products requested by you and to perform other activities related to such services and products, including billing and collection; or (e) to operate our systems properly. We may also share your personal information with a sponsor or other third party (including without limitation, its related companies within the meaning of s.6 of the Companies Act, 1965) that is interested in serving you (“Third-Party Providers”). You may inform us at any time not to share your personal information with such Third-Party Providers by sending us an e-mail message at our email address specified below
U.3
We reserve the right to change this statement at any time by posting revisions on theedgeproperty.com. This privacy policy is not intended to, and does not, create any contractual or other legal rights in or on behalf of any party.
V. LINKING AND FRAMING
V.1
By linking to theedgeproperty.com, you represent that you have read and agree to be bound by the terms and conditions of this Section V. You further represent that you have read and agree to be bound by the Terms and Conditions of theedgeproperty.com.
V.2
You acknowledge that theedgeproperty.com, including but not limited to the text, contents, photographs, video, audio and graphics thereon, has been specially designed by us for presentation in a unique format and appearance, with our look and feel (collectively “Look and Feel”), and that such Look and Feel is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Malaysia and other countries. Upon linking to theedgeproperty.com pursuant to the terms and conditions of this Section V, you will be granted a non-exclusive, non-transferable, royalty-free license to use theedgeproperty.com mark solely for providing an underlined, textual link from your website to www.theedgeproperty.com. No other use of theedgeproperty.com marks or name is permitted without our prior written consent.
V.3
Without limiting the provisions contained in this Section V, you may include a link on your website to www.theedgeproperty.com homepage, currently located at http://www.theedgeproperty.com (the “Home Page”). Please notify us at our email address specified below when you link to the Home Page pursuant to this Section V3. You may not however link to www.theedgeproperty.com any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
V.4
We are concerned about the integrity of theedgeproperty.com when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, We are concerned with activities such as linking to an internal or subsidiary page of theedgeproperty.com that is located one or several levels down from the Home Page (“deep linking”), or bringing up or presenting content of theedgeproperty.com within another website (“framing”). In this regard, without limiting the provisions contained in this Section V, you must make a specific request for, and secure permission from, us prior to deep linking to, or framing, theedgeproperty.com or any of its content, or engaging in similar activities. If you would like to deep link to or frame theedgeproperty.com, or any of its content, you must request permission from us by completing our downloadable deep linking / framing request form (PDF) and send it back to us via email.
V.5
We may by notice to you and without assigning any reasons therefor revoke any prior permission granted to you under this Section V to link or deep link to or frame the Home Page or any part thereof and you shall forthwith upon receipt of the notice cease such linking or deep linking or framing.
W. CLASSIFIEDS
W.1
The Service is a classified advertisements service designed to allow users to post, view, manage and search advertisements through our World Wide Web site www.theedgeproperty.com. The advertisements may be in the form of text, graphics, links, animations, photos, and other material and data from time to time permitted by THE EDGE (collectively, "Contents") formatted, organized and collected in a variety of forms that are generally accessible to users, including directories and databases
W.2
The Service is provided for your personal use only and you may not resell or make use of it for commercial purpose.
W.3
You agree to use the Service only for lawful purposes. You are solely responsible for the full compliance with any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Service, and (ii) the use of any telecommunication networks or other services connected to the Service.
W.4
When registering for the Service or in the use thereof, you shall NOT provide any information or Contents that:- (a) is false, inaccurate or misleading; (b) is fraudulent or involve the sale of counterfeit or stolen items; (c) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) is defamatory, libellous, unlawfully threatening or unlawfully harassing; (f) is obscene or contain pornography; (g) contains any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) creates liability for THE EDGE or cause THE EDGE to lose (in whole or in part) the services of its ISPs or other suppliers.
W.5
You recognize that THE EDGE cannot determine in advance the accuracy or compliance with these Terms and Conditions of any Contents. THE EDGE is not responsible for screening, policing, editing, reviewing or monitoring any Contents and does not intend to do so. Notwithstanding the above, THE EDGE reserves the right to monitor, from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service, or to protect itself or other users of the Service. THE EDGE reserves the right to prohibit conduct, communication or Contents, or to edit, refuse to post, or to remove any Contents, in whole or in part, which it may in its sole discretion deem to (i) violate the prevailing provisions of these Terms and Conditions or any other standard, written policy of THE EDGE in effect for the time being, (ii) be harmful to the rights of any other user of the Service, THE EDGE, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
W.6
You acknowledge that the Contents are generally provided by THE EDGE and/or other third parties including other users of the Service. You acknowledge that the Contents are or may be protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided herein, your use of the Contents shall be governed by applicable copyright and other intellectual property laws. You acknowledge that THE EDGE owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Contents.
W.7
You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit the Contents, in whole or in part, provided, however, that you may (i) make a reasonable number of copies to permit your computer hardware and software and/or your mobile phone to access and view the Contents, (ii) print one copy of each piece of the Contents, (iii) make and distribute a reasonable number of copies of the Contents, in whole or in part, in hard copy or electronic form for personal use only. Any permitted copies of the Contents must reproduce in an unmodified form any notices contained in the Contents, such as all Intellectual Property Right notices, and an original source attribution to THE EDGE and its URL address. You acknowledge that THE EDGE and/or other users of the Service remain the owners of the Contents and that you do not acquire any Intellectual Property Rights by downloading or printing the Contents.
W.8
You may transmit, post, publish, reproduce or distribute, on or through the Service only Contents that are not subject to any Intellectual Property Rights of the others, or Contents in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Service, without restriction whatsoever. Any Contents submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Contents to the Service, you automatically grant and/or warrant that the owner of such Contents, whether it be you or a third party, has expressly granted to THE EDGE the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Contents, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Contents. You also permit THE EDGE to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Contents. You also permit any user of the Service to access, view, store and reproduce the Contents for personal use.
W.9
You agree that any use of the Service which can be traced to your username and password, shall be deemed as having been carried out by yourself and are legally binding on you, and you agree to indemnify and keep THE EDGE indemnified against any liabilities, damage, claim, proceedings, costs, expenses that may be brought by other users of the Service arising therefrom.
W.10
Usage data is recorded for the necessary purposes of maintaining the Service. You therefore agree that all data pertaining to your use of the Service may be recorded by THE EDGE.
W.11
If you are dissatisfied with any policies, guidelines, or practices of THE EDGE in operating the Service, you shall discontinue accessing the Service immediately. THE EDGE may terminate or temporarily suspend your access to all or any part of the Service, without notice, for conduct that THE EDGE believes is a violation of these Terms and Conditions or any policies or guidelines posted by THE EDGE, or for other conduct which THE EDGE believes, in its sole discretion, is harmful to the Service or other users of the Service. THE EDGE may discontinue operating the Service without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Service, and the restrictions imposed on you with respect to Contents downloaded from the Service, as well as the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
Last updated on 19 September 2009 The Edge Communications Sdn Bhd W3A06 Level 3A, West Wing Metropolitan Square No.2 Jalan PJU 8/1 Damansara Perdana 47820, Petaling Jaya Selangor Malaysia
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