1. INTRODUCTION
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the LAURELCAP Website. These Terms of Use and our Privacy Policy form the basis on which you may access and use the LAURELCAP Services including the LAURELCAP Website. By using the LAURELCAP Website and/or the LAURELCAP Services you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy (the Terms) and any other related terms of use. If you do not agree with these Terms of Use, you should stop using the LAURELCAP Website immediately.
2. DEFINITIONS
- Agreement means these Terms of Use.
- Confidential Information means any information, whether oral or written, relating to the business of LAURELCAP or any of its Related Corporations.
- Laurelcap Sdn. Bhd., Our, Us, We refers to LAURELCAP Sdn Bhd and its Related Corporation(s).
- LAURELCAP Website means https://www.laurelcap.com/ and any other websites or other web address(es) as may be used and/or adopted by Laurelcap Sdn. Bhd. from time to time.
- Related Corporations means any subsidiary or holding/parent company...
3. AGREEMENT
- a. Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and LAURELCAP.
- b. We recommend that you seek independent professional, legal, financial or real estate advice before engaging in any transactions generated from or arising out of the LAURELCAP Website and/or the LAURELCAP Services.
- c. These Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and LAURELCAP.
- d. We reserve all rights to change any or all of these Terms of Use at any time and we will post the updated and new Terms of Use on the LAURELCAP Website. All changes are effective immediately and your continued use of the LAURELCAP Website after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. We reserve the right to refuse to provide our products and services to anyone at any time.
4. USER WARRANTIES, ACKNOWLEDGEMENTS AND UNDERTAKINGS
- a. You represent and warrant that you have read and fully understood all the terms and conditions contained herein and the Privacy Policy.
- b. You have sought or will seek independent advice before engaging in any transactions generated from or arising out of the LAURELCAP Website.
- c. You undertake to fully comply with the Terms of Use.
- You undertake not to allow any person other than you to access or manipulate the LAURELCAP Website using your device.
- d. You undertake to ensure that the mobile phone/device and/or computer used by you to access the LAURELCAP Website is legally owned, possessed or used by you at all times and you undertake not to allow any person other than you to access or manipulate the LAURELCAP Website using your mobile phone, device and/or computer.
- e. You undertake to only use the LAURELCAP Website for lawful purposes and the purpose for which it is intended.
- f. You acknowledge that all software programming contained in the LAURELCAP Website (the Software) is owned by Laurelcap Sdn. Bhd. and that any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software would infringe the intellectual property rights of Laurelcap Sdn. Bhd..
- g. You agree that you will not when using the LAURELCAP Website : any person or entity or misrepresent your affiliation with any other person or entity; engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the LAURELCAP Website; use the LAURELCAP Website in any manner that could damage, disable, overburden or impair the LAURELCAP Website; or send chain letters or pyramid schemes via the LAURELCAP Website; or attempt to gain unauthorised access to other computer systems through the LAURELCAP Website. You agree that you will not use the LAURELCAP Website in any manner that could damage, disable, overburden or impair the Laurelcap Sdn. Bhd. Website and/or the Laurelcap Sdn. Bhd. Services or interfere with any other party’s use and enjoyment of the LAURELCAP Website.
- h. You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid (the Marks) contained on or in the LAURELCAP Website (save and except for any marks of advertisers) are owned by LAURELCAP. You undertake not to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks without the prior written consent of LAURELCAP. You further undertake never to claim ownership or rights to the Marks.
- i. You acknowledge that the LAURELCAP Website may contain links to websites operated by third parties (Third Party Websites). You further acknowledge that LAURELCAP does not have any influence or control over the Third Party Websites and is not responsible for such Third Party Websites. You are advised to check the terms of use and privacy policies of such Third Party Websites.
- j. acknowledge that the LAURELCAP Website are provided on a reasonable efforts basis only and that LAURELCAP shall not be liable for any unavailability or malfunction of the LAURELCAP Website for any reason.
5. INDEMNITY
You agree to fully indemnify, release, defend and hold LAURELCAP, its officers, directors, employees, affiliates, agents, licensors and representatives harmless from and against all claims, demands, lawsuits, liability, loss, judgments or other expenses (including, but not limited to, legal fees) suffered or incurred by Laurelcap Sdn. Bhd. arising, directly or indirectly, from: (i) your use of (or failure to use) the LAURELCAP Website ; (ii) any reliance on the contents of the LAURELCAP Website; (ii) your breach of the Terms of Use; (iii) your unauthorised use of the Software; and (iv) any improper, unauthorised or illegal uses of your mobile phone/device and/or computer used by you to access the LAURELCAP Website.
6. LAURELCAP DISCLAIMERS
- a. We do not warrant that the LAURELCAP Website or the content therein will be available and accessible to you at all times.
- b. We make no warranty as to accuracy or reliability of any information, advice, opinion, statement of any content on the LAURELCAP Website.
- c. Laurelcap Sdn. Bhd. accepts no liability for any third party content which may be uploaded or otherwise presented on the LAURELCAP Websit. LAURELCAP also accepts no liability for any feedbacks, comments, suggestions, sharing, distribution and republication of any content uploaded or otherwise presented on the LAURELCAP Website.
- d. Nothing contained in the LAURELCAP Website shall be construed as an inducement to enter into any contractual arrangement with LAURELCAP or any of its Related Corporations.
- e. LAURELCAP and our 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 in or omitted from the LAURELCAP Website.
- f. You expressly agree that use of the LAURELCAP Website and reliance on its content is at your own risk. LAURELCAP does not make any representations or warranties of any kind regarding the LAURELCAP Website, the Software, the content, or the results that may be obtained from use of any of the foregoing. The LAURELCAP website are provided on an "as is, as available" basis, and LAURELCAP specifically disclaims any and all express or implied warranties.
- g. All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.
7. LIMITATION OF LIABILITY
LAURELCAP and its respective directors, employees, agents, affiliates and licensors shall in no event be liable for any damages or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, or any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any loss resulting from or caused by the LAURELCAP Website (and the content therein), the Software or these Terms of Use (including, without limitation, damages resulting from negligence) and/or any suspension, cancellation or termination or refusal of your use of the LAURELCAP Website or any content or material thereof. LAURELCAP will not be responsible for any losses arising out of the unauthorised use of your mobile phone/device and/or computer to access the LAURELCAP Website.
8. INDEMNITY
- a. You agree to keep the Confidential Information confidential and not to disclose it to any third parties without the prior written consent of LAURELCAP.
- b. LAURELCAP shall keep the Confidential Information confidential but it may disclose such Confidential Information to its Related Corporations and its directors, agents, employees, advisors, shareholders, banks, investors or any third party who acquires the business or assets of LAURELCAP in whole or in part.
9. TERMINATION
- a. These Terms of Use, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms of Use (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Terms of Use will be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (the SIAC Rules) and the SIAC Rules are deemed incorporated into these Terms of Use by reference.
- b. Any term, condition, provision or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, provision or undertaking herein contained.
- c. Failure by LAURELCAP to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
- d. Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between you and LAURELCAP.
- e. LAURELCAP may assign or novate all or part of our rights under these Terms of Use provided we ensure that your rights under these Terms of Use are not prejudiced. You may not assign or novate your rights or liabilities under these Terms of Use without our prior written consent.
PERSONAL DATA PROTECTION ACT NOTICE
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the LAURELCAP Website. These Terms of Use and our Privacy Policy form the basis on which you may access and use the LAURELCAP Website. By using the LAURELCAP Website you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy (the Terms) and any other related terms of use. If you do not agree with these Terms of Use, you should stop using the Laurelcap Sdn. Bhd. Website and/or the Laurelcap Sdn. Bhd. Services immediately.
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- a. to provide and maintain our service, including to monitor the usage of our website;
- b. for the performance of a contract: the development, compliance and undertaking of the purchase contract for the services, products or items you have purchased or of any other contract with us through the website;
- c. to get in touch: to get in touch with you by email, telephone calls, SMS or other equivalent forms of electronic communication, such as mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation;
- d. to manage your requests or complaints;
- e. for business transfers: we may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the data held by us about our service users is among the assets transferred;
- f. for other purposes: we may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, marketing and your experience.
We may share your personal information in the following situations:
- a. with service providers: we may share your personal information with service providers to monitor and analyze the use of our service, to contact you;
- b. for business transfers: we may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing or acquisition of all or a portion of our business to another party;
- c. with affiliates: we may share your information with our affiliates, in which case we will require those affiliates to honor our PDPA notice. Our affiliates shall include our parent company, and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us;
- d. with business partners: we may share your information with our business partners to offer you certain products, services or promotions;
- e. with other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a third-party social media service, your contacts on the third-party social media service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile;
- f. your consent: we may disclose your personal information for any other purpose with your consent.
- a. our auditors, engineers, quantity surveyors, land surveyors, business consultants, accountants, lawyers or other professional advisers and/or consultants as we deem necessary and appropriate;
- b. our sub-contractors or third party service or product providers as we deem necessary or appropriate, including third party property management or marketing companies or entities;
- c. our associated, subsidiary or related companies;
- d. our business partners including online business affiliates, retailers, distributors, agents, merchant that provide, supply, distribute or deal in general with our services or products in connection with our business and in relation to our loyalty programs and other programs;
- e. any person to whom we are compelled to or required under law or in response to a local or state or federal authority, industry regulator, enforcement agency, statutory authority, court of laws, tribunal, arbitration centre, commission or council or association legally authorized by law.
- You may request access to your personal data that is held and/or processed by us given reasonable notice. We will charge a nominal prescribed fee for your request. Upon your payment on the same together with your written request to us, we will endeavour to provide you a copy of your personal data in hardcopy or via email held and/or processed by us within twenty-one (21) days from our receipt of your said request.
- Please check your personal data when you receive a copy from us. If you find any of your personal data that is held and/or processed by us is inaccurate, incomplete, misleading or otherwise out-of-date, you may request the correction of your personal data. We will endeavour to make the correction to the said personal data and thereafter provide you a copy of the personal data so corrected within twenty-one (21) days from our receipt of your said request.
- You may limit our processing of your personal data by expressly withdrawing in full your consent given previously, in each case, including for direct marketing purposes subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.
1. Collection and processing of personal data
We have collected and will collect your personal data to be processed by us and/ or on your behalf in the course of your present or future dealings with LAURELCAP SDN BHD (Company No. 0806610U), its subsidiary(ies), its associated company(ies), its joint venture partners, including of all of its shareholder(s), its director(s), its employee(s), its supplier(s), its contractor(s) and/ or its permitted person(s) (“we”, “our”, “us” or “Company”). Your personal data enables us to achieve the Purpose in clause 3 herein that are in connection with our business.
2. Description of personal data
The personal data that you will provide may include but not limited to your name, age, identity card number or passport number, address of correspondence, including office address, gender, date of birth, marital status, details of children and/or guardian(s), occupation, income range, contact information, including e-mail address, mobile number, house number, facsimile number, and office number, details of employer, details of dependants and/or family members, race, religion, nationality.
3. Sources
The sources that we may obtain your personal data includes but not limited to registration forms, sales forms, survey forms, sub-sale forms, booking forms, our marketing and sales agents and/or our website property advertising service providers, your participation in our contests, agreements you have signed, name cards or any identity materials that you have distributed voluntarily; and business directory(ies) or listing(s) that you have subscribed to to share your information.
4. Use of Personal Data
Your personal data may be used for the following purposes:
5. Retention of your Personal Data
We will retain your personal data only for as long as is necessary for the purposes set out in this PDPA notice. We will retain and use your personal data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. We will also retain data for internal analysis purposes.
6. Transfer of your Personal Data
Your information, including personal data, is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to - and maintained on - computers located outside of your state, province country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this PDPA notice followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this PDPA notice and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
7. Delete your Personal Data
You have the right to delete or request that we assist in deleting the personal data that we have collected about you. Our service may give you the ability to delete certain information about you from within the service. You may update, amend, or delete your information at any time by signing into your account (where applicable), and visiting the account settings section that allows you to manage your personal information. You may also contact us to request access to, correct, or delete any personal information that you have provided to us. Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so.
8. Class of Third Parties
Your personal data with us will be kept confidential. You hereby consent and authorize us to disclose your personal data to the following categories of third parties:
9. Security of your Personal Data
You should ensure that all your personal data furnished to us is accurate, complete, not misleading and up-to-date, otherwise, we may not be able to process your personal data for the specified Purpose in the most accurate manner.