Facilities - Pavilion Mont Kiara

TERMS & CONDITIONS OF USE - PLEASE READ CAREFULLY

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).

INTELLECTUAL PROPERTY

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.

CONTENTS

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.

DISCLAIMER

No Warranties

Without prejudice to the foregoing paragraph, Kekal Kirana Sdn Bhd - 201301018979 (1048809-K) (“the Company”) does not warrant that: this website (“Website”)/mobile application (“App”) will be always accessible, or accessible at all times without interruptions, be fault free or free from technical hitches; or the information contained in this Website/App is complete, up-to-date, correct, accurate or non-misleading.

The information and materials contained in this Website/App are provided for general information purposes only “as is” and “as available”. The Company makes no representations or warranties, whether express or implied, with regards to this Website/App or the information and materials contained in this Website/App.

Nothing in this Website/App constitutes, or is meant to constitute, advice or recommendation of any kind. Any reliance a user may place on the information provided herein is strictly at the risk of the user.

Drawings and Photographs

All statements are believed to be correct but are not to be relied on as statements or representations of fact. All art renderings and visual representations contained in this Website/App are artists’ impressions only. Photographs do not necessarily represent as-built standard specifications. All plans are subject to amendments approved by the relevant authorities.

Floor Plans and Layout Plans

Floor plans, building plans and specifications are subject to changes and subject approval from the relevant authorities.

Limitations of Liability

Neither the Company nor any party involved in creating, producing or delivering this Website/App is liable for any liability incurred, damage or loss suffered on any grounds whatsoever and howsoever arising, including but not limited to direct, indirect, loss of profit, punitive, incidental, special or consequential loss, lost or damaged data or damage to your computer, software, modem, telephone or other property, arising out of your access to, or use of, this Website/App. Without limiting the foregoing, everything on this Website/App is provided “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES AND/OR LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE INFORMATION PROVIDED ON THIS WEBSITE/APP.

If you do not agree to the disclaimer, please discontinue your access or use of this Website/App.

Other Parties

You hereby expressly accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its directors, officers and employees. You agree that you will not make any claims directed towards the Company’s directors, officers or employees with regards to any losses or damages whatsoever you may suffer, whether directly or indirectly, that is attributed to this Website/App. Without prejudice to the preceding paragraph, you hereby agree that the restrictions of the warranties and liability set out in this Website/App disclaimer will protect the Company’s shareholders, associates, affiliates, agents and contractors including their respective directors, officers, employees, successors in title and lawful assignees in addition to the Company.

Unenforceable Provisions

If any provision of this Website/App disclaimer is, or is found to be, unenforceable under applicable law, that will not have any effect on the enforceability of the other provisions of this Website/App disclaimer.

Privacy Policy

Kekal Kirana Sdn Bhd - 201301018979 (1048809-K) and our related corporations, jointly controlled companies, associates, affiliates and partners (collectively “Company”, “we”, “us” or “our”) respects your privacy. This Privacy Notice (“Notice”) explains how we collect and handle your personal data in accordance with the Personal Data Protection Act 2010 (“Act”)

1. Personal Data

1.1 Personal data means any information which relates to you and may include your name, identification card or passport number, contact details, financial and banking account details, age, gender, nationality, race, marital status, profession and information in audio/video format (including voice or video recordings, CCTV and photographs). Please note that the type of personal data stated herein is non-exhaustive and may include other personal data depending on the nature of dealings or transactions.

1.2 We collect your personal data directly from you or indirectly from third parties, for example:

when you contact us directly including through any platform or any means;
through our previous dealings or transactions;
through marketing activities or events such as road shows, exhibitions or business card collections; or
through third parties such as our business partners or referral.

1.3 All information requested from you is obligatory to be provided by you unless stated otherwise. Should you fail to provide the obligatory information, we may be unable to:

provide you with the product or services requested; and/or
process the relevant commercial transactions.

2. Purposes of Collecting and Processing Personal Data

Your personal data will be collected, processed and used by us for, amongst others, the following purposes:

to provide you with the product or services requested;
for credit assessment or background check as we may deem necessary or appropriate;
to enter into or facilitate the entering into the relevant contractual agreement with you in relation to the product or services;
to process or facilitate the processing of payments related to the product or services;
to contact or deliver notices to you regarding the product or services (for example, delivery of vacant possession, defects rectification or property management and maintenance including post vacant possession services);
for purposes specifically provided in relation to a particular product or services;
to comply with our legal, regulatory and contractual obligations in the conduct of business;
for our internal record, customer care or services and customer loyalty programme;
to contact you regarding our product, services, upcoming events, promotions, advertising and marketing materials which we feel may be of interest to you;
for conducting marketing research, profiling or analysis purposes; or
other purposes related to any the above.

3. Disclosure or Transfer of Personal Data

Your personal data may be disclosed or transferred to the following categories of persons (within or outside of Malaysia):

within the Company, including those established in the future;
potential or actual investors or successors-in-title of the business or share (wholly or in part) of any member of the Company, including their advisers and representatives;
our business partners, for example, banks and financial institutions;
third parties appointed by us to provide services to us or on our behalf, for example, property manager, real estate agent, printing, telecommunications or utility companies, event or training organisers and other service providers;
our auditors, lawyers, company secretary, consultants and advisors;
government departments, statutory authorities, industry regulators, local councils and law enforcement agencies; and/or
any person to whom we are compelled or required to do so under law, by order of court or in response to a government directive.

4. Security and Retention

4.1 We store your personal data in hard and/or soft copy in our offices or servers operated by us or third-party service providers located within or outside of Malaysia. There are reasonable measures in place to protect the security and integrity of your personal data, which includes restricting access to authorised personnel on a need-to-know basis and under similar safeguards vis-à-vis third-party service providers.

4.2 Your personal data will be retained by us as long as necessary to fulfill the purposes as stated herein and subject to the prevailing requirements by law.

5. Website

Our website may contain links to other sites or pages. We do not control these sites/pages and will not be held responsible for them.

6. Right to Access and Correct Personal Data

6.1 You have the right to access and correct your personal data held by us. If you would like to:

access, correct, limit the processing of or delete your personal data (subject to applicable legal and contractual requirements); or

opt out of receiving marketing or promotional materials from us at any time, please contact:

Contact Person	(Ms) Chye Lan
Tel No	+603-2143 8089
Email	customercare@1pavilion.com
Address	Level 8, Menara Khuan Choo, 75A Jalan Raja Chulan, 50200 Kuala Lumpur, Malaysia.

6.2 We would also ask that if there are any changes to your information, you should notify us via the contact details provided above to assist us in ensuring that your personal data is accurate and up-to-date.

7. Changes to the Notice

We reserve the right to update and amend this Notice from time to time and any such amendments will be posted on our website.

8. Conflict

In the event of any conflict between this English language Notice and the corresponding Bahasa Malaysia Notice, the terms in this English language Notice shall prevail.

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