Welcome to our website (“Website”) / mobile application (“App”). If you continue (i) to browse and use this Website; (ii) download and register as user of the App, you are agreeing to comply with and to be bound by the terms and conditions of use set out below. The term “us” or “we” refers to Kekal Kirana Sdn Bhd - 201301018979 (1048809-K).
This Website/App belongs to us. The copyright to the contents of this Website/App is owned by us/is licensed to us. This Website/App is intended for personal use, quick reference, illustration and information purposes only and may not be copied, redistributed or published in any manner without our written permission. Any unauthorised use of any part of this Website and the contents/the unauthorised use of the contents of this App is strictly prohibited. The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this Website/App is owned by us/is licensed to us. Nothing contained on this Website/App should be construed as granting any license or right to use any Trademark displayed herein. Any unauthorised use/misuse of the Trademarks displayed herein, or any other contents herein, except as provided in these Terms and Conditions, is strictly prohibited. We reserve the rights to bring any action arising from the improper or unauthorised use of this Website/App, including any action for infringement of its trademarks and other intellectual property rights.
Feedback, Comments & IP
If the Website/App provides for users to upload comments and feedbacks, and should you choose to make use of such features, you shall always ensure that all comments and feedbacks provided and uploaded by you shall be appropriate in its contents, made with proper decorum and shall not contain threatening, defamatory, seditious, sensitive, illegal and or contain offensive remarks of any kind. We have the absolute right to delete in toto and or edit any of the comments and feedbacks uploaded by a user.
You acknowledge and consent to us putting in place IP trackers/identification to locate and identify the location of the user and source of uploads. We reserve the absolute right to suspend for any period or bar the access or use of the Website/App by any user, without having to give notice to the user, if we are of the opinion that the user has abused his/her privilege of use of the Website/App.
Cloud Storage of Property Documents
If the Website/App provides cloud storage services, by signing up to the Website/App as a register user, you shall be deemed to have agreed and consented to us uploading into the cloud storage, copy of the agreements relating to the purchase/ownership of the properties to which you are a counter party, comprised in the developments within our purview, e.g. the sale and purchase agreements, the deed of mutual covenants and other related documents (collectively, “Property Documents”).
This cloud storage service of the Property Documents is provided, free of charge, by us to you as an esteemed owner of the properties purchased from us and is intended solely for your convenience of access only and is not intended to be a substitute for your own safe keeping of the physical original or copies of the Property Documents.
As a registered user, only you will have access to the Property Documents stored in the cloud storage and as such you are advised to always keep your username and password strictly confidential.
While every reasonable effect will be taken by us to ensure that the Property Documents uploaded by us shall be correct and updated from time to time and be made accessible through the Website/App, nonetheless we shall not be liable to you or any other party for any reason whatsoever in the event of unavailability, whether temporary or otherwise, omission, inaccuracy, incompleteness of the upload of the Property Documents onto the cloud storage.
At any time, you cease to be the purchaser/owner of the property the corresponding Property Documents will be removed from the cloud storage.
Notwithstanding that you remain as the owner of the property, we reserve the right to determine the maximum period for which the corresponding Property Documents will be stored in the cloud storage.
DISCOUNTINUANCE OR SUSPENSION OF THE WEBSITE/APP OF THE COMPONENTS THEREIN
We reserve the right to discontinue this Website/App, whether in whole or in part, we shall on a best endeavour basis notify you by electronic mail via the e-mail you have provided to us at the point of registration as a user of the Website/App. Such an electronic mail notification shall be deemed good and proper notice to you.
DISCLAIMER/LIMITATION OF LIABILITY
We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website/App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude all form of liability, howsoever arising, for any such inaccuracies or errors to the fullest extent permitted by law. Any reference to, reliance on use of any information or materials on this Website/App is entirely at your own risk, for which we shall not be liable in any manner and on any grounds whatsoever. Neither we nor any other party involved in hosting, creating, producing, publishing, delivering, maintaining, managing this Website/App is liable for any liability arising, loss suffered, direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Website/App. Without limiting the foregoing, all matters and contents on this Website/App is provided to you “AS IS” WITHOUT REPRESENTATION AND OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SHALL NOT BE LIABLE FOR ANY LIABILITY INCURRED, DAMAGE OR LOSS SUFFERED, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INJURIES TO PERSON, LOST OR DAMAGE TO GOODS, LOST OF SAVINGS OR GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE INFORMATION PROVIDED IN THIS WEBSITE/APP, WHETHER SUCH INABILITY TO USE IS TEMPORARY OR OTHERWISE.
INDEMNITY
You shall indemnify and keep us indemnified against all claims, damages, actions and proceedings made or brought against us arising from your use, misuse of this Website/App or any of the contents and/or any breach of terms in relation thereto by you.
LINKS TO OTHER WEBSITES
The Website/App may contain links to other websites/media forms that are not under our control, whether in relation to the nature and contents of such other websites/media forms. This linkage to other websites/media forms are merely for your convenience and do not signify that we recommend or endorse such websites/media forms. We bear no responsibility for the contents of such other websites/media forms and shall not be held liable for any liability incurred, loss or damage suffered and or injury to persons, damage, or loss to goods, howsoever arising therefrom. You shall visit and view any of the linked websites/media forms at your own risk.
VARIATION/CHANGES
We reserve the rights to change, vary or modify any of the information and terms contained herein without notice to you or any other party, prior or otherwise.
GOVERNING LAW AND JURISDICTION
The terms and conditions herein shall be governed by and construed in accordance with the laws of Malaysia and you shall submit to the jurisdiction of the courts of Malaysia.
