Terms Of Service
1. ACCEPTANCE OF TERMS
- By using and accessing https://o2oprop.com/ (the “Website“), you conclude a legally binding agreement with us, Richwood Coastland Sdn Bhd (“we” or “us“), the owner and administrator of the Website.
- We reserve the right to and may amend these Terms of Service at any time by posting a revised version on the Website. No individual notice will be sent to you. Any amended Terms of Service shall replace all previous versions of the same. If you do not agree to the amendments or changes to the Terms of Service, you should immediately cease use of any of the services on the Website. After any such amendment becomes effective, we will deem your continued use of the Website to constitute acceptance and agreement to such amendment. You can review the most current version of the Terms of Service at any time at https://o2oprop.com/term-of-service.
- We will, from time to time, post on the Website, guidelines and rules relating to the use of the Website. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. USE OF THE WEBSITE
2.1 You agree to comply with the Policy of Acceptable Use https://o2oprop.com/term-of-service in using the Website. We may remove or delete any content that you have provided on the Website if we, in our absolute discretion, suspect that you have violated the Policy of Acceptable Use.
2.2 In carrying out any transactions with us on or in relation to the Website or registering an account with us on the Website, you warrant that:
- you are above 21 years of age;
- you are using your actual identity;
- the personal data that you have provided to us are true, accurate, complete, and current; and
- you will maintain and promptly update your personal particulars and ensure that such information is kept true, accurate, complete and current.
2.3 Users below the age of 21 years are not eligible to use the Website or provide any personal data on the Website unsupervised. If you are below 21 years of age, you may use the Website and/or provide any personal data on the Website with the consent of your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
2.4 In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.
2.5 You agree to notify us of any breach of security of your password.
2.6 We will not be liable for any loss or damage arising from your failure to comply with this Clause 2 and 3.
3. ACCEPTABLE USE
In using the services provided by Richwood Coastland Sdn Bhd (“RCSB“) on https://o2oprop.com/ (the “Website“), you agree not to:
- Use any automated device, software, process or means to access, retrieve, scrape or index our platform or any content on our website;
- Use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
- Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- Use or index any content or data on our website for the purposes of (i) constructing or populating a searchable database of properties, (ii) building a database of property information; or (iii) competing with us in any manner that we have not specifically authorised;
- Transmit spam, chain letters, contests, junk emails, surveys or other mass messaging, whether commercial in nature or not;
- Use our website or any content from our website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
- Violate the rights of any person, including but not limited to copyright, trade secret, privacy right or any other intellectual property or proprietary right;
- sell counterfeit goods;
- sell any goods or provide any services prohibited by law;
- engage in money laundering activities;
- engage in gambling activities;
- engage in any immoral activity or potentially immoral activity, including but not limited to prostitution and pornography;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to solicit money, passwords or personal information from any person;
- act in a manner that is defamatory, libelous, threatening or harassing;
- provide false, inaccurate or misleading information;
- engage in potentially fraudulent, suspicious or illegal activity and/or transactions;
- “stalk” or otherwise harass another user of the Website (“User“);
- send unsolicited emails to any User or use RCSB’s services to collect payments for sending, or assisting in sending unsolicited emails to third parties
- disclose or distribute another User’s personal information to a third party, or use such information for marketing purposes without the express consent of that User;
- take any action that imposes an unreasonable or disproportionately large load on RCSB’s infrastructure;
- upload, or cause to be uploaded, any content to the Website that contains viruses, or any other items that may damage, interfere with, or adversely affect or hinder access to the Website;
- engage in, nor cause other Users to engage in, spamming, phishing, improper, malicious or, in RCSB’s absolute discretion, fraudulent clicking, impressions or marketing activities relating to the Website;
- in RCSB’s absolute discretion, reflect poorly on or tarnish the reputation of RCSB;
- modify, adapt, reformat, recompile, transmit, publish, license, reverse engineer, disassemble, reconstruct, decompile, copy or create derivative works of, transfer or sell any services on the Website or part thereof, including source codes or algorithms, except as expressly authorised by RCSB in writing, or to the extent permitted by law;
- alter, remove, cover or otherwise deface any identification, trademark, copyright or other notice from any aspect of the services on the Website;
- use any automation software, hacks, mods or any other unauthorized third-party software designed to access, crawl or collect from RCSB’s services;
- upload, transmit, post or otherwise make available any content that is, or could reasonably be expected to be, offensive, discriminatory, defamatory, obscene, threatening, abusive, indecent or otherwise unlawful, including content that is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; and
- use any unauthorized third-party software that intercepts, “mines” or otherwise collects information from or through RCSB; and
- Act in violation of any Policy of Acceptable Use or any other conditions posed by us or any applicable law, statute or regulation.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including but not limited to, instituting technological barriers and/or reporting your conduct to any person/entity/authorities.
4. PG MATERIAL
4.1 By using and accessing the Website, you will be exposed to information, data, text, software, photographs, graphics, video, messages or other materials that we and/or other users of the Website upload, post, email, transmit or otherwise make available on the Website (“PG Material“) whether publicly or privately.
4.2 You understand PG Material may be offensive, indecent or objectionable.
4.3 You understand that PG Material may only be used for your own and non-commercial use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to someone else in the same company or organisation, and not for posting to other websites or forums, newsgroups, mailing lists, electronic bulletin boards, or Internet Relay Chats operated by other websites.
4.4 You agree not to reproduce, display or otherwise provide access to the Website or PG Material on another website or server.
4.5 We are, under no circumstances, liable for any PG Material, including but not limited to, any errors or omissions in any PG Material, or for any loss or damage of any kind incurred as a result of the use of any PG Material posted, emailed, transmitted or otherwise made available on the Website.
5. DISCLAIMER OF WARRANTIES
5.1 Your use of the Website is at your sole risk. We disclaim all warranties of any kind, whether express or implied.
5.2 We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, any services of the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
5.3 We make no warranty that:
• the Website will meet your requirements;
• the Website will be uninterrupted, timely, secure and error-free;
• any results that may be obtained from the use of the Website will be accurate or reliable; and
• the quality of any products, services, information or other material purchased or obtained by you through the Website will meet your expectations.
5.4 We cannot and do not endorse, and cannot be responsible for, the messages, views, opinions, research and recommendations of individuals, users, and organisations of deemed interest, or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion on the Website of a link to other website(s) or resources imply any form of endorsement by us.
5.5 We do not actively review or edit the messages, views, opinions, research and recommendations of users, even if such messages, views, opinions, research and recommendations are made by the users using the Website. While the information on the Website has been obtained from sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons. Therefore, please use the Website at your own risk.
5.6 By making available information and data on the Website, including facts, views, opinions and recommendations of individuals and organisations of deemed interest, we and our content providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
5.7 We may monitor or review any areas on the Website where you transmit or post communications for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, we do not undertake to monitor or review every posting or communication, and we disclaim any and all liability relating to all PG Material, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
5.8 Our website often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites, including but not limited to links to our website of some of our real estate agency customers. Those third party websites do not form part of our Website and are not under the control of or the responsibility of RCSB. When you link to those websites, you leave our Website and do so entirely at your own risk. RCSB and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and RCSB and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by RCSB.
5.9 Our website contains content provided to RCSB by other parties (Third Party Content). RCSB does not have a practice of monitoring or making inquiries about Third Party Content. RCSB is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of RCSB. Your reliance on Third Party Content is solely and completely at your own risk.
6.1 You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including solicitors’ fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available on the Website, your use of the Website, your connection to the Website, your violation of the Terms of Service, or your violation of any rights of another party.
7. LIMITATION OF LIABILITY
7.1 We shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
• the use or the inability to use the Website;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;
• unauthorized access to or alteration of your transmissions or data;
• statements or conduct of any third party on the Website; and
• any other matter relating to the Website.
7.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
8.1 All personal data about you is subject to our Privacy https://o2oprop.com/.
9.1 The subject matter on and accessible from our website and publications is copyright. Apart from fair dealing permitted by the Malaysia Copyright Act 1987, RCSB grants visitors to the site permission to download copyright material only for private and non-commercial use. For reproduction or use of o2oprop.com copyright material beyond such use, written permission must be obtained directly from RCSB or the relevant copyright owner. If given, such permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
10.1 We may, under certain circumstances and without prior notice, at our sole discretion immediately terminate your account (if any). Cause for such termination shall include without limitation:
• breaches or violations of the Terms of Service, Policy of Acceptable Use, or other incorporated documents, guidelines or rules;
• request by law enforcement or other government agencies;
• self-initiated account deletions;
• infringement of intellectual property rights of others;
• discontinuance or material modification to the services on the Website, or part thereof;
• unexpected technical or security issues or problems; or
• extended periods of inactivity.
10.2 Termination of your account shall result in:
• removal of access to and barring of further use to all offerings of the Website that are associated with such account; and
• deletion of your password and all related information, files and content associated with or inside your account (or part thereof).
10.3 Termination of your account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Service, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Upon your upload of any images, photographs, and/or listing descriptions onto the Website (the “Content”), you shall give us a worldwide, royalty-free, irrevocable licence to use, store, host, reproduce, modify, adapt, watermark, communicate, publish, publicly perform, publicly display, create derivative works, and distribute the Content. By uploading the Content, you warrant that you own the copyright of the Content and thus have the requisite rights to licence it to us as stated. We shall have the right to watermark the photographs within the Content and the copyright in the final watermarked photographs shall belong solely to us. All other names, products and marks mentioned are the intellectual property rights of their respective owners. No materials provided through the Website, including text, graphics, code, ratings, rankings, databases, aggregated information, PG Material and/or software may be reproduced, modified, adapted, distributed, published, displayed, uploaded, posted, transmitted or hyperlinked in any manner and in any form without our express, prior written approval, and the approval of the respective copyright and trade mark holders. The Website and PG Material are for your personal use only, and you may not engage in any dealings with other parties regarding such services and contents. Such dealings include commercial dealings and dealings which will adversely affect the commercial value of the Website and PG Material.
12.1 The Terms of Service shall be governed by and construed in accordance with the laws of Malaysia, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Malaya.
12.2 Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
12.3 Any account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.
12.4 All notifications to us pursuant to the Terms of Service shall be sent via email to firstname.lastname@example.org.