2. The Website is owned and operated by [*Owner’s Name & Particulars].
5. You shall not in any way use the Website or submit to us or to the Website or to any user of the Website anything which in any respect:
(a) is in breach of any law, statute, regulation or by-law of any applicable jurisdiction;
(b) is fraudulent, criminal or unlawful;
(c) is inaccurate or out-of-date;
(d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
(e) impersonates any other person or body or misrepresents a relationship with any person or body
(f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
(g) may be contrary to our interests;
(h) is contrary to any specific rule or requirement that we stipulate on the Website in relation to a particular part of the Website or the Website generally; or
(i) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses or any computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or for generally marketing (by any means and in any media) our products. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
7. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
8. You agree to comply at all times with any instructions for use of the Website which we make from time to time.
Availability of the Website, Security and Accuracy
9. Whilst we endeavour to make the Website available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period. We make no warranty that your access to the Website will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
10. Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time with or without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.
11. We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
12. We may change or update the Website and anything described in it without notice to you.
13. Whilst we endeavour to ensure that information on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to supply you with products and/or services, including any obligation that we may have under that contract to provide you with accurate information and advice.
14. The availability, prices, value, estimates and terms of the properties listed on the Website are subject to change at any time without notice, upon the discretion of [*Owner’s Name].
15. All the property information provided on the Website is provided for information purposes only and does not constitute a basis for any offer or contract of sale. Any information and document available on the Website shall not constitute any part of an offer or contract.
Submission of Contact Details
16. If you would like to submit your contact details to the Website to inquire about properties listed on the Website, you will need to fill up your contact details at a designated column on the Website.
17. By submitting your contact details, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in the notice. Click here to see our [*Hyperlink Personal Data Notice].
18. In all cases, to the extent permitted by law:
(a) our total liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: (i) RM[*]; or (ii) [*]% of any aggregate amount paid by you to us in the three (3) months preceding any cause of action arising; and
(b) we shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (i) indirect or consequential losses, damages, costs or expenses; (ii) loss of actual or anticipated profits; (iii) loss of contracts; (iv) loss of use of money; (v) loss of anticipated savings; (vi) loss of revenue; (vii) loss of goodwill; (viii) loss of reputation; (ix) loss of business; (x) loss of operation time; (xi) loss of opportunity; or (xii) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, (ii) to (xii) apply whether such losses are direct, indirect, consequential or otherwise.
19. If you enter into a contract with us through the Website which is accepted by us in accordance with the purchase and/or rent and/or selling terms and conditions, the relevant provisions of those terms and conditions relating to the our liability and its limitation in relation to such a contract (if any) shall replace terms herein.
Trademarks and Brand Name
20. The RE/MAX Malaysia names and logos and all related names, design marks and slogans are the trademarks of us or our licensors.
Intellectual Property Rights
21. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
22. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
23. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
24. You must not use any part of the materials on the Website for commercial purposes and/or public circulation without obtaining a license to do so from us or our licensors.
Information about you and your visits to the Website
28. The collection of information will be supplied voluntarily by you through web forms or e-mail.
29. We process information about you in accordance with our Personal Data Notice. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
Third Party Websites
30. We have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link.
31. You must not without our permission frame any of the Website onto your own or another person’s website.
32. We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:
(a) you shall not make any warranties or representations about us, our products and services or our policies except with our prior express authorisation;
(b) you shall not say anything that is false, misleading, derogatory or offensive about us or our products and services or policies; and
(c) you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
Malaysia law and jurisdiction
dealings with this Website, please send an email to email@example.com.