We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Restrictions on use of websites
In accessing or using our platform you agree that you will not:
We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Malaysia Copyright Act 1987, the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of digitalcondo.com copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, 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.
Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third party websites do not form part of our platform and are not under the control of or the responsibility of the Company. When you link to those websites you leave our platform and do so entirely at your own risk. The Company and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Company 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 the Company.
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that the Company has permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms. The Company may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, the Company may remove or disable access to any or all your Contributions if it considers that:
You retain all of your ownership rights in your Contributions. The Company is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant the Company a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive license to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by the Company and these terms. You grant the Company, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
you own and control all of the rights to the Contributions; or
you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorize the Company to display the Contributions..
For any Contributions that you may retain moral rights in, you declare that:
you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and you understand that when accessing our platform, you may be exposed to the Contributions of other users of our platform. You acknowledge and agree that the Company does not have control of and is not responsible for these other Contributions. You release the Company from any claims that you could assert against the Company relating to or in connection with these other Contributions.
You represent and warrant that:
you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorize the Company to display your Contributions; and
you will not make any Contributions that:
infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
Third Party Content
Our platform contains content provided to the Company by other parties (Third Party Content). the Company does not have a practice of monitoring or making inquiries about Third Party Content. The Company 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 the Company. You rely on Third Party Content completely at your own risk.
Our apps are provided subject to the platform or software provider’s terms.
If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user license agreement between you and the Company. The end user license agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable license to use the app on any iPhone or iPad that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:
the Company (not Apple) is solely responsible for the app and its contents; and
Apple is not required to provide maintenance or support services for the app. If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility. We are (and Apple is not) responsible for:
addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims you can contact us at email@example.com, via the ‘feedback’ option on the app Settings menu or by calling 603-6419 5166
To the extent permitted by local applicable laws, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user license agreement and that, your acceptance of these terms (and this end user license agreement), gives Apple (and you accept that Apple has) the right to enforce the end user license agreement against you as a third party beneficiary of the agreement.
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
You represent and warrant that:
Limitation of liability
Certain rights and remedies may be available under consumer protection legislations of Malaysia and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF REA GROUP LTD AND THE COMPANY AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD$100.00 (or local currency equivalent).
By using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of Malaysia.
DIGITALCONDO APPLICATION PROGRAMMING INTERFACE LICENCE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”)
These Terms and Conditions govern your use of the digitalcondo.com and mobile application programming interface (“API”) and forms the basis of a legally-binding contract between you and Provalley solutions sdn bhd (the “Company”) regarding the use of the API.
IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD, INSTALL, COPY, USE OR ACCESS THE API. YOUR DOWNLOAD, INSTALLATION, COPYING, USE OR ACCESSING THE API CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
The API is produced by the Company (or its affiliate). The API provides access to specified digitalcondo.com (“the Website”) content from points outside of the Website domain. The extent of your access to the API is governed by these Terms and Conditions and by any API Scope of Use Specifications that the Company may issue to you.
The Company may change, suspend, or discontinue any aspect of the API at any time without notice to you. The Company may or may not offer upgrades or updates to the API or any technical or maintenance support for the API, in its sole discretion.
The Company may also impose limits on certain features and services or restrict access to parts or all of the API, related content and services without notice or liability.
These Terms and Conditions may be changed by the Company at any time without notice, and you are responsible for regularly reviewing these Terms and Conditions. Your continued use of the API after the effective date of such changes will constitute your agreement to any such changes. If you object to any such changes, your sole recourse is to stop using the API and remove the API (and associated software code) from your website.
Subject to these Terms and Conditions, and except as otherwise expressly set forth in these Terms and Conditions, the Company grants you a worldwide, non-exclusive, non-transferable, non-sub licensable right and license to download, access, and use the API to the extent specified in any API Scope of Use Specifications that may be issued to you (the “License”).
The License continues until terminated by either party. You may terminate the license by discontinuing use of the API and by destroying all your copies thereof. The license terminates automatically if:
You violate any term of these Terms and Conditions the Company publicly posts a written notice of termination on the Website; or the Company sends a written (including email or text message) notice of termination to you directly.
The Company reserves the right to charge fees for future use of or access to the API or Website content and services at the Company’s sole discretion.
The API is the property of the Company and protected by copyright law. The license conferred under these Terms and Conditions is subject to the following restrictions:
You must not sell the API or services, information or software associated with or derived from the API.
You must not modify, adapt, translate, derive, decompile, reverse engineer, disassemble or derive source code from the API except to the extent that you are expressly permitted by law or by us (in writing) to do so.
You must not remove or obscure any copyright notice, trademark, logo or any proprietary rights notice that is on or contained in the API. Without limitation, you may not change any code provided by the Company, you may not obscure or disable any element of the API, and you may not tag links to the Website from the API with a “no follow” attribute or otherwise prevent or discourage search engines from following or scoring the link.
You must not use API in a way that overloads or could damage or disable our search services (e.g., using the API in an automated manner). You must not use the API in a way that interferes with the use and enjoyment of the Website’s search services.
You must display the API in a manner approved by the Company, which may include branding specifications, crediting the Company (or its affiliates) in your display and in any manner agreed in the API Scope of Use Addendum, which may be issued to you
You must not display the API on any site that disparages the Company or its products or services, infringes any of the Company’s (nor its affiliates’) intellectual property or other rights, or violates any applicable law.
You must not establish or maintain any hyperlink or any other link from your web site to any other website (apart from the Company’s websites), that operates as a real estate portal or fulfills a similar purpose to the Company’s websites. You agree that the Company (or its affiliates) may crawl or otherwise monitor your website for the specific purpose of confirming compliance with this clause 7.
The Company provides the API on an “as is” basis, without any warranties whatsoever. The Company excludes all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by local laws) which cannot be excluded. The Company limits our liability for breach of any non-excluded condition (to the extent that the law allows liability for such breach to be limited) to (at our option) re-supply of the API or payment of the cost of re-supply. Subject to the above, the Company excludes all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of the API, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, the Company will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
You acknowledge that you use the API at your own risk. You will be solely responsible for any harm to your computer or loss of data that results from using the API.
You agree that you are responsible for all third party software, hardware, and services used in connection with the API. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with the API, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party. You agree to indemnify and hold the Company and its licensors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your download, access, and/or use of the API, including any content or services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or any rights of another person or entity.
These Terms and Conditions represents the entire agreement between you and us in relation to your use of the API and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of the API. If a court or tribunal of competent jurisdiction finds any provision or part of these Terms and Conditions to be invalid or unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. No waiver of any provision in these Terms and Conditions will be effective unless it is in writing signed by one of our authorized officers.