Service: These Terms of Service apply to all users of the NEXTPROPERTY Service. Information provided by us or our users through the NEXTPROPERTY Service may contain links to third party websites that are not owned or controlled by NEXTPROPERTY. NEXTPROPERTY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, NEXTPROPERTY does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, NEXTPROPERTY will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that NEXTPROPERTY shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Errors, Corrections, and Right to Modify or Discontinue Service and Sites: We do not represent or warrant that the NEXTPROPERTY Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the NEXTPROPERTY Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the NEXTPROPERTY Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
NEXTPROPERTY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. NEXTPROPERTY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.
- Subject to your compliance with these Terms of Service, NEXTPROPERTY hereby grants you permission to use the Service, provided that:
- Your use of the Service as permitted is solely for your personal use;
- You will not attempt to reverse engineer, alter or modify any part of the Service;
INTELLECTUAL PROPERTY RIGHTS:
The NEXTPROPERTY company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App (“Intellectual Property”) is owned by and used under license by NEXTPROPERTY or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. You are not authorized to use NEXTPROPERTY’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by NEXTPROPERTY.
For removal of doubts, it is clarified that, by accepting these terms, you hereby waive and grant to NEXTPROPERTY all rights including intellectual property rights and also “moral rights” in the Reviews, Ratings and Comments posted by you at NEXTPROPERTY through any of mediums of NEXTPROPERTY and that NEXTPROPERTY is free to use all such Review, Ratings and Comments as per its (NEXTPROPERTY’s) requirements from time to time.
WARRANTY : THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEXTPROPERTY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. NEXTPROPERTY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEXTPROPERTY DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL NEXTPROPERTY BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF NEXTPROPERTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. NEXTPROPERTY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
ADDITIONAL DISCLAIMER: Users using any of NEXTPROPERTY service across the following mediums i.e. through internet i.e. www.NEXTPROPERTY.my Website, SMS,USSD, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with NEXTPROPERTY. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and NEXTPROPERTY does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with NEXTPROPERTY. Further, NEXTPROPERTY is not at all responsible for any act of Advertiser/s listed at NEXTPROPERTY.
Limitation of Liability: IN NO EVENT SHALL NEXTPROPERTY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NEXTPROPERTY CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTPROPERTY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU
Indemnity: You agree to defend, indemnify and hold harmless NEXTPROPERTY officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the NEXTPROPERTY Service;
- Your violation of any term of these Terms of Service;
- Your violation of any third party right, including without limitation any copyright, property ,patent or privacy right; or
- Breach of confidence or privilege or breach of any law or regulation whatsoever arising from, including but not limited to, any material transmitted, received or stored via any Service(s),
- Any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the NEXTPROPERTY Service.
GOVERNING LAW: These Terms will be governed by and construed in accordance with the laws of Malaysia, without giving effect to its conflict of laws’ provisions or your actual state or country of residence, and you agree to submit to exclusive jurisdiction of the Malaysian Courts. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. NEXTPROPERTY reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. NEXTPROPERTY reserves the right to seek all remedies available at law and in equity for violations of these Terms.
The Way NEXTPROPERTY Uses Information: If you submit Personally Identifiable Information to us through the NEXTPROPERTY Site, or NEXTPROPERTY Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the NEXTPROPERTY Site and NEXTPROPERTY Service. In particular, your mobile phone number is essential to your use of the NEXTPROPERTY Service and will be retained
Where are the ratings shown? : Ratings are shown in the following ways on NEXTPROPERTY:
Ratings are displayed on various places on the website, mobile site and mobile applications in pages such as the overall ratings count page, search results pages, company details pages etc. User information such as mobile phone number is masked and personally identifiable information is not displayed unless user is registered with NEXTPROPERTY
Remember information so that you will not have to re-enter it during your visit or the next time you use NEXTPROPERTY;
- Provide custom, personalized content and information;
- Monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
- Track your entries, submissions, views and such.
Our Commitment to Data Security: NEXTPROPERTY uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to NEXTPROPERTY and you do so at your own.