For the purposes of this terms and conditions, the following terms shall have the following meaning:
“Privacy Notice” shall refer to the privacy notice in Gamuda Land’s website in English and Bahasa Malaysia;
“the Company” shall refer to the entity within the Group to whom the User is transacting with under the Portal;
“the Portal” shall mean the “Gamuda Land Customer Portal”;
“the User” shall refer to any person who has signed up to access and use the Portal; and
“Your Content” shall be as defined in Clause 6.1.
1.1 The User shall comply with the instructions on the Portal in completing the Portal’s registration process.
1.2 The User shall be responsible to maintain the confidentiality of the password and account and shall be fully responsible for all transactions performed in the Portal using the User’s password and account.
1.3 The User shall immediately notify the Company in the event of any unauthorised use of the User’s password or account. The Company will proceed to suspend and/or block the User’s account. The Company shall not be liable in any way whatsoever for any delay in such suspension and/or blocking.
1.4 The User agrees and confirms that the User shall provide true, accurate, current and complete information as required when registering in the Portal.
1.5 The User agrees and confirms that the User may receive electronic notices from the Company. Notices are effective when sent. The User shall be responsible for ensuring that the User’s contact information is accurate and remains up to date.
1.6 In addition to this terms and conditions, the User hereby agrees and confirms to comply with such other terms, conditions, policies, dos and don’ts of the Portal as may be determined by the Company from time to time.
2.1 The User represents and warrants that the User has the capacity to enter into this terms and conditions relating to the Portal.
4. Personal Data
4.1 The User has fully read and understood the Privacy Notice and the User hereby agrees and consents to the Company to use the User’s personal data in accordance with the terms and conditions set out in the Privacy Notice.
5.1 The User agrees and confirms that:-
(a) the Company may delete the User’s account or Your Content; and
(b) all rights, titles and interests in or to Your Content automatically and absolutely vest in the Company free from all encumbrances and the User hereby irrevocably, unconditionally and absolutely assigns, transfers and set over unto the Company all rights, titles and interests in and to all existing and future intellectual property rights in or to Your Content (including the right to sue for past infringement), free from all encumbrances.
6. Your Content
6.1 In this terms and conditions, "Your Content" means the content, materials and information, including, without limitation, information, audio recordings, photographs, videos, documents or other materials that the User’s create, send, submit, upload, publish, display, link or customise, store or transmit in connection with the Portal.
6.2 The User confirms that certain elements of the Portal may enable the User to submit or share Your Content in the Portal or with other users. The User confirms that in such event:-
(a) Your Content will be visible to others and the User hereby agrees that they may freely view, use, distribute, reproduce, display, adapt and transmit Your Content in connection with their use of the Portal; and
(b) the Company owns Your Content that is submitted through the Portal, including the User’s communications with other users of the Portal and things that the User posts, does and shares on the Portal;
but notwithstanding the above, the User remains fully liable and responsible for Your Content.
6.3 The User shall comply with any further terms, conditions, policies, procedures and requirements of the Company in respect of the User’s use of the Portal.
6.4 The User agrees and confirms:-
(a) that the User has all necessary rights (including intellectual property rights) to share, distribute, publish and make available Your Content and Your Content will not infringe upon the rights of any third party (including the Company);
(b) that the User has observed and complied with all laws, by-laws, rules, regulations orders, and other requirements for the time being in force, affecting relating to or concerning Your Content;
(c) that the User shall be responsible for all activities that occur under the User’s password or account;
(d) not to post content that is illegal, seditious, racist or harmful in nature;
(e) not to re-publish, sell, extract, reproduce, disseminate or otherwise use the network services and its content except with prior written permission;
(f) that the User shall be solely responsible for Your Content and the creation of backup copies of Your Content shall be the User’s sole responsibility;
(g) the Company shall not be liable or responsible in any way whatsoever in respect of Your Content or information that the User may transmit or share including but not limited that the Company is not liable or responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that the User may encounter. The Company is not responsible for the conduct, whether online or offline, of any user;
(h) the Company may deploy automated technologies to detect anything that may harm the Portal or users or others and the Company reserves the right disclaim any obligation to edit, suspend access to, limit distribution of or remove any of Your Content that the Company determines to be in violation of this terms and conditions; and
(i) that the User shall not upload, post, host or transmit unsolicited email, “spam” messages, worms or viruses or any code of a destructive nature.
7. Third-party websites etc
7.1 The Company’s content may contain links to third-party websites/portal/gateway. This does not imply the Company’s endorsement of any website/portal/gateway, and the Company is not responsible for the actions, content, information or data of third-party websites/portal/gateway or actions or any link contained in them, or any changes or updates to them. Third-party websites/portal/gateway will likely provide their own terms and conditions of use and privacy policies that may apply to the User.
7.2 Any hyperlinks to any other websites/portal/gateway are provided as a convenience to the User and shall not be construed in any way whatsoever as an endorsement or verification of such websites/portal/gateway and shall be accessed by the User at the User’s own risk.
8. Suspension and termination
8.1 The User agrees and confirms that the Company:-
(a) may terminate the User’s Portal account or this terms and conditions (in whole or in part) for any reason at any time including but not limited to when the User is no longer a purchaser/owner/resident of any property in any of Gamuda Land’s development; and/or
(b) may suspend, remove or adjust the User’s access to the Portal or Your Content at the Company’s sole and absolute discretion, without any prior notice; and
the User agrees to accept the Company’s decision as final and binding on the User. For the avoidance of doubt, the Company’s decision under this Clause 8 shall not be construed to reduce in any way whatsoever the amount of fees, costs, expenses, service charges, maintenance charges and/or charges payable by the User, as a purchaser/owner/resident of the respective township or development.
8.2. If the User’s Portal account is terminated, the User’s right to access and use the Portal and Your Content is immediately ended, provided that Clauses 4, 9, 10 and 12 shall survive the expiry or termination of this terms and conditions.
9. No warranties and limitation of liability
9.1. The Company shall not be liable or responsible to keep the Portal virus/bug/ransomware/trojan/worm/malware/spyware free or safe and the User agrees and confirms that the User is using the Portal solely at the User’s own risk and expense.
9.2 The User agrees that the Portal is still in a testing phase and may contain errors, including technical errors, or may not work correctly or in the same way as the finished released version.
9.3 Without limiting the generality of any disclaimer in this terms and conditions, the User agrees that the Portal is provided “as is” and “as available” and the Company is not obligated in any way whatsoever to correct errors, correct the effects of errors or provide any technical support.
9.4 The User agrees and confirms that the Company:-
(a) does not provide any express or implied warranties such as implied warranties terms or representations of merchantability, fitness for a particular purpose and non-infringement. The Company does not provide any guarantee that the Portal will always be available, uninterrupted, complete, accurate, reliable, timely, safe, secure or error-free, or that the Portal will always function without disruptions, delays or imperfections, or are free of all defects, errors, viruses or bugs; and/or
(b) is not liable for any failure or delay to perform the Company’s obligations under this terms and conditions where the failure is due to anything beyond the Company’s control (for example, acts of God, natural disasters, fires, floods, acts of terror, malicious damage, compliance with any law or governmental order or mechanical, electronic or communications failures or degradations).
9.5 The User hereby irrevocably and unconditionally releases the Company, the Company’s directors, employees, agents and servants from any claims and damages, known and unknown, arising out of or in any way connected with any claim that the User may have under this terms and conditions including but not limited to any claim against any third parties.
9.6 The Company shall not be liable to the User for any loss of profits or other consequential, special, indirect or incidental damages howsoever arising in any way whatsoever out of or in connection with this terms and conditions and/or the Portal.
9.7 The Company reserves the right to seek all remedies available legally and in equity for violations of this terms and conditions.
9.8 In the event that any liability arises in law despite Clause 9.6, the User agrees that the Company’s liability shall be limited to only RM 500.
10. Invoicing and Payment
10.1 The User expressly consents to the Company providing or making available the details and information of the progress billing(s) and invoice(s), payable by the User as a purchaser/owner/resident of any of Gamuda Land’s development, in the Portal.
10.2 The User undertakes that the User has all necessary rights and consents to access and view the progress billing(s) and invoice(s) and all details made available in the Portal and where applicable make payment in relation thereto.
10.3 The User is entitled to make payment via the various payment methods set out in the Portal. The User hereby agrees and confirms that the Company shall not be liable in any way whatsoever for any disclosure and/or abuse of any payment details provided by the User in the Portal or through the Portal payment gateway’s service provider
11. The Portal’s content
11.1 The User may print, copy and download any content from the Portal solely for the User’s personal use.
11.2 The User shall not in any way whatsoever alter, copy, distribute, transmit, display, perform, reproduce, publish and/or use for commercial purposes in whole or any part of the Portal’s content without the Company’s prior written consent.
11.3 The contents in the Portal (including but not limited to any reward and/or incentive programme) shall not be construed as any inducement, offer and/or confirmation by the Company for the User to proceed with any transaction. The User shall conduct the User’s own prior checks and due diligence. The specific contents of the Portal shall only be deemed correct if confirmed in writing by the Company to the User.
12.1 If anyone brings a claim against the Company related to the User’s actions, content or information on the Portal, the User shall indemnify and hold the Company harmless from and against all damages, losses and expenses of any kind (including legal fees and costs) related to such claim.
13.1 The Company may, from time to time, without prior notice, change or modify this terms and conditions or any of the Company terms and policies referenced in or incorporated by this terms and conditions.
14.1 The User hereby irrevocably and unconditionally assigns to the Company all rights, titles and interests in and to any feedback, suggestions, questions, proposals, ideas, inventions, concepts, techniques and/or know-how that the User may give the Company regarding the Portal or any of Gamuda Land’s developments, without any right to compensation from the Company.
15.1 No failure on the part of the Company to exercise any power, right or remedy under this terms and conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any power, right or remedy preclude any other or further exercise thereof or the exercise of any power, right or remedy. The remedies provided in this terms and conditions are cumulative and are not exclusive of any remedy provided by law.
16.1 If any term covenant or condition of this terms and conditions or application thereof to the User or the Company shall be or become invalid or unenforceable, the remaining terms, covenants or conditions shall not be affected thereby and each remaining term, covenant or condition of this terms and conditions shall be valid and enforceable to the fullest extent permitted by law.
17.1 The User shall not assign any part of this terms and conditions to any other party without obtaining the Company’s prior written consent.
18.1 Time wherever mentioned in this terms and conditions shall be of the essence of this terms and conditions.
19.1 Any notice which is required or permitted to be given by one party to the other may be given as follows:-
(a) by hand whereby it shall be deemed delivered on the day of acknowledgement of receipt; or
(b) by registered mail whereby it shall be deemed delivered within three (3) business days from the date of proof of posting notwithstanding that such mail may be returned undelivered by the postal authorities; or
(c) by fax whereby it shall be deemed delivered upon the issue to the sender of a transmission control or other like report from the dispatching facsimile machine which shows the relevant number of pages comprised in the notice to have been sent and the result of the transmission is ”OK”; or
(d) to the User only, by email to the email as contained in the Company’s records; or
(e) to the User only, by notification through the Portal;
and in respect of Clause 19.1(a) or Clause 19.1(b), addressed to:-
(f) the User at the User’s address in the respective transaction documents or the respective township or development, whichever is applicable; or
(g) the Company at the Company’s address in the respective transaction documents.
19.2 Any change of address or email shall be notified by the User to the Company.
20.1 Each party shall bear its own legal costs.
21. Entire agreement
21.1 This terms and conditions shall constitute the entire agreement and understanding between the parties and shall supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.
22. Governing law
22.1 The parties agree that the laws of Malaysia for the time being in force shall be the governing laws in respect of any disputes pertaining to this terms and conditions and the parties further agree to submit to the non-exclusive jurisdiction of the courts in Malaysia.
23. Successors bound
23.1 This terms and conditions shall be binding on the heirs, personal representatives, permitted assigns and successors of the User and assigns and successors in title of the Company.