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IN CONSIDERATION OF OUR PERMITTING AND/OR PROVIDING THE SITE, AND BY YOUR ACCESSING ANY PAGE OF THE SITE AND/OR USING THE SERVICES PROVIDED THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.
This Agreement, together with the other terms and conditions set out in the Site, contains the complete and entire understanding and agreement between you and My Resident App, and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Agreement as the legal entity you represent.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR ARE NOT SATISFIED WITH THE SITE AND/OR SERVICES, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE SITE AND/OR USE OF THE SERVICES.
2. Your Account
When using the website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. My Resident App is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. My Resident App may refuse or cancel service, terminate your account, and remove or edit content.
3. Limitation, Liability and Warranties on Customer Content
It shall be your sole responsibility to verify the accuracy, correctness, currency, reliability, completeness, and authenticity of all information, documents, and/or statements provided to My Resident App by you, the Property Management Team, Company or any other authorised person (“Property”) to provide information about yourself and regarding the property you own / reside in (“Customer Content”), whether through the Site or directly/indirectly through My Resident App or any third parties. My Resident App disclaims all warranties, representations or guarantees, whether expressed or implied in relation to the Customer Content.
Without derogating from the aforementioned provisions of this Agreement, My Resident App and any of its affiliates (including its parent company, subsidiaries and associated companies), directors, officers, employees, agents or assigns, third party content providers, or licensors, and their respective directors, officers, employees, agents or assigns, shall not be liable for:
(A) any damage or loss arising from Customer Content that is false, inaccurate, misleading, or fraudulent; or
(B) any damage or loss arising from Customer Content or any other material or information provided by any third party in any form (including computer viruses or computer programming routines contained within electronic files downloaded from the Site and/or any third parties); or
(C) any other direct, indirect, punitive, incidental, special or consequential damages or losses of any kind arising in relation to the Customer Content.
4. Online Bill Payment & Refund Policy
Pursuant to Clause 2, it shall be your sole responsibility to verify any and all Customer Content including the accuracy, correctness, currency, reliability, completeness, and authenticity of your billing information and the amount charged to you. My Resident App disclaims all warranties, representations or guarantees, whether expressed or implied in relation to the Customer Content.
My Resident App practices and strictly adheres to a NO REFUND POLICY for all payments collected on behalf of the Property. This is because My Resident App only displays billing information as provided by the Property and collects payments on behalf of the Property. My Resident App does not have any obligation, right, authority or permission to respond to any disputes or requests for refunds. Therefore, all disputes or request for refunds must be dealt with directly with the Property. My Resident App disclaims all warranties, representations or guarantees, whether expressed or implied in relation to disputes and refunds.
For other payment collected, that is not on behalf of the Property, My Resident App also practices and adheres to a NO REFUND POLICY beyond any guarantee period stated on the Site at the point of purchase for any products or services. All disputes or request for refunds must be dealt with in written form to My Resident App. My Resident App reserves the rights to resolve and conclude each dispute or refund cases at My Resident App’s sole discretion. My Resident App disclaims all warranties, representations or guarantees, whether expressed or implied in relation to disputes and refunds.
5. Disclaimer of Warranties & Limitation of Liability
YOU AGREE THAT USE OF THE SITE IS AT YOUR RISK. NEITHER MY RESIDENT APP NOR ANY OF ITS AFFILIATES (INCLUDING ITS PARENT COMPANY, SUBSIDIARIES AND ASSOCIATED COMPANIES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS WARRANTS OR GUARANTEES THAT THE SITE AND SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE, AND OPERATIONS OF THE SITE MAY BE INTERFERED OR INTERRUPTED BY FACTORS BEYOND THE CONTROL OF MY RESIDENT APP, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES, OR AS TO THE ACCURACY, CORRECTNESS, UP-TO-DATENESS, RELIABILITY, COMPLETENESS, OR AUTHENTICITY OF ANY INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE (INCLUDING BUT NOT LIMITED TO THE CONTENT AND THE USER CONTENT), ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
THE SITE AND ALL INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE (INCLUDING BUT NOT LIMITED TO THE CONTENT AND THE USER CONTENT) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT, WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF SKILL, WARRANTIES OF CARE, WARRANTIES OF TIMELINESS OF PERFORMANCE, AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MY RESIDENT APP AND ANY OF ITS AFFILIATES (INCLUDING ITS PARENT COMPANY, SUBSIDIARIES AND ASSOCIATED COMPANIES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, BE LIABLE FOR:
(A) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, PATENT, REGISTERED INDUSTRIAL DESIGN AND PASSING OFF, BREACH OF CONFIDENCE, OR LOSSES INCLUDING ECONOMIC LOSSES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS);
(B) ANY LOSS OF GOODWILL OR REPUTATION; OR
(C) ANY COMMON LAW LIABILITY
RESULTING FROM THE USE OF, OR THE INABILITY TO USE, ANY INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE (INCLUDING THE CONTENT AND THE CUSTOMER CONTENT), THE SITE ITSELF OR THE SERVICES.
FURTHER, MY RESIDENT APP IS NOT LIABLE FOR ACTS OR OMISSIONS OF THIRD PARTY TELECOMMUNICATIONS SERVICE PROVIDERS OR INTERNET SERVICE PROVIDERS OR FOR FAULTS AND/OR FAILURES IN THE NETWORK OR EQUIPMENT OF SUCH THIRD PARTY PROVIDERS.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT MY RESIDENT APP AND ANY OF ITS AFFILIATES (INCLUDING ITS PARENT COMPANY, SUBSIDIARIES AND ASSOCIATED COMPANIES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOURSELF.
LINKS FROM OR TO WEBSITES BEYOND THE SITE (HEREINAFTER, “THIRD PARTY SITES”) ARE MEANT FOR YOUR CONVENIENCE ONLY. UNLESS OTHERWISE STATED, SUCH THIRD PARTY SITES ARE OWNED AND OPERATED BY THIRD PARTIES AND AS SUCH ARE NOT UNDER THE CONTROL OF MY RESIDENT APP, AND MY RESIDENT APP SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER AND MAKES NO WARRANTIES IN RESPECT OF THE CONTENTS OF THE THIRD PARTY SITES, THE THIRD PARTIES NAMED THEREIN OR THEIR PRODUCTS AND SERVICES.
You hereby irrevocably agree and undertake to indemnify, hold harmless, defend and keep indemnified My Resident App and its affiliates (including its parent company, subsidiaries and associated companies), directors, officers, employees, agents or assigns, third party content providers, or licensors, and their respective directors, officers, employees, agents or assigns and servants, from all liabilities, actions, claims, demands, proceedings, losses and expenses, including any legal fees that may be incurred by My Resident App in connection with or arising from (a) your use or misuse of the Site and the Services, or (b) your breach of these terms and conditions howsoever occasioned, or (c) any claim made by a third party against My Resident App in connection with your violation of any law or infringement of the rights of a third party, including but not limited to intellectual property rights or proprietary rights.
7. Rights in Content and the Site
All Contents provided by My Resident App on the Site or related to the Site are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by My Resident App.
Subject to the terms of this Agreement, you are strictly prohibited from undertaking any of the following without the express written consent of My Resident App:
(A) modifying, copying, distributing, transmitting, displaying, performing, publishing, licensing, transferring, posting, creating derivative works from, framing and using on any Content to any website, including this Site, or in any way commercially exploiting any of the Content, in whole or in part; or
(B) constructing a database in any form (including but not limited to software, user list, database or other lists, compilations, products or services), by way of compiling information obtained from My Resident App or from the Site, either for your own use or for transferring and/or selling to a third party.
You are authorised to access, view, store, download, or reproduce the Content and other copyrighted content solely for your personal use and information only, and shall make no other use (such as commercial use) of the Content without the express written consent of My Resident App and the copyright owner, if applicable. You will not make any changes to any Content that you are permitted to view and/or download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. Any content you view/download from the Site cannot be reproduced elsewhere.
You agree that in using the Site and the Services, and/or viewing, storing, downloading or reproducing the Content, or other copyrighted content, you do not acquire any ownership rights (whether intellectual property rights or proprietary rights) in the Site, the Services, the Content, or any other downloaded content from the Site.
Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owner(s).
8. Termination and Suspension
My Resident App reserves the right to terminate and/or suspend your access to and/or your use of the Site and the Services, in whole or in part, at any time, for any reason at its discretion without warning or notice. My Resident App may terminate and/or suspend your access to the Site and the Services, should you (hereinafter, Registered User) violate any of the terms and conditions of this Agreement; violate the law; or infringe the rights of My Resident App, any other user of the Site, or any third party.
Notwithstanding the foregoing, the Agreement may be terminated with immediate effect at any time:
A) by My Resident App under the following circumstances:
B) by the Registered User in the event My Resident App becomes or threatens or resolves to become insolvent or is deemed to be unable to pay its debts or calls a meeting for the purpose of passing a resolution to wind it up; or My Resident App compounds with or makes arrangements with its creditors or goes into liquidation whether voluntarily (save for the purpose of a bona fide amalgamation, merger, consolidation or reconstruction without insolvency) or compulsorily; or My Resident App has a liquidator trustee, receiver or manager or receiver and/or manager appointed in respect of its business or undertaking or possession of its property or assets is taken by or behalf of its creditors or debentures holders secured by a floating charge; or My Resident App ceases or threatens to cease to conduct its business in the usual or normal manner; or My Resident App has an order made or a resolution passed for its winding up, otherwise than for the purposes of a reconstruction, merger, consolidation or amalgamation.
The termination of this Agreement pursuant to the above provisions shall be without prejudice to the accrued rights and liabilities of the parties hereto under this Agreement, subsisting as at the date of such termination provided that no party shall have any liability to the other party for any consequential loss arising out of or in connection with their respective obligations under this Agreement.
The failure of My Resident App to exercise or enforce any right or provision of the terms and conditions of this Agreement, including acting with respect to a breach of the Agreement by yourself or any other user of the Site, shall not constitute a waiver of its right or any provision of this Agreement.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law, and if the invalid and unenforceable provision cannot be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, then that provision and that provision alone shall be severed and the remainder of the other provisions of the terms and conditions shall continue in full force and effect.
You agree that this Agreement may be automatically assigned by My Resident App to a third party in the event of a merger, acquisition or internal reorganisation within the group,
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship intended to be created by this Agreement between My Resident App and yourself.
Any right not expressly granted herein is reserved.
10. Law and Jurisdiction
The terms and conditions of this Agreement are governed by and are to be construed in accordance with the laws of Malaysia. By accessing the Site and/or using the Services, you hereby consent to the exclusive jurisdiction of the Malaysian courts.
My Resident App makes no representation that material, postings, or posting responses found on the Site (including but not limited to the Content, Customer Content and Services) are appropriate or available for use in jurisdictions other than Malaysia.
This Agreement, together with the other terms and conditions set out in the Site, was originally written in English. To the extent any translated version conflicts with the English version, the English version controls.
11. Changes to the Terms and Conditions of the Agreement
My Resident App reserves the right to change the information, material, functions, content of this Agreement at all times. My Resident App will endeavour to provide a notice to you of any changes to the Agreement. Unless you have any valid reason for objecting to such changes and has provided written notification of such objection within thirty (30) days of the date of the notice of change from My Resident App, all changes shall be deemed effective after the expiry of such thirty (30) days period regardless of whether you have provided written response, and you are deemed to have consented to and accepted such changes.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR ACCESS AND THE USE OF THIS APP, WEBSITE AND ALL RELATED SUB-SITES (HEREINAFTER, “SITE”) AND THE SERVICES PROVIDED HEREIN (HEREINAFTER, “SERVICES”) BY BUSINESS ORIGIN SDN. BHD. (HEREINAFTER, “MY RESIDENT APP”).
IN CONSIDERATION OF OUR PERMITTING AND/OR PROVIDING THE SITE, AND BY ACCESSING ANY PAGE OF THE SITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR ARE NOT SATISFIED WITH THE SITE AND/OR SERVICES, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE SITE AND/OR USE OF THE SERVICES.
1. Personal Data
In using the Site and/or the Services, you may be asked to provide to My Resident App certain personal information. This information will be in the possession and control of My Resident App and may relate directly or indirectly to you (or any other corporation or individual) to the extent that you (or the other corporation or individual) may be identified or identifiable from that information, or from that combined with other information in the possession of My Resident App (hereinafter, “Personal Data”). My Resident App may “process” the Personal Data by way of collecting, recording, holding, storing, downloading, using or disclosing the Personal Data.
The Personal Data that may be collected from you includes, but is not limited to, your name, address, telephone number, email address, and/or other information through which you can be identified or contacted with. For certain Services, it is mandatory for you to provide with My Resident App your Personal Data, and the notice for such requirements would be expressly posted on the relevant page of the Site requesting such information. If you fail to provide such Personal Data, or choose to stop My Resident App from processing such Personal Data, which you are entitled to do, My Resident App may not be able to render the Services to you, or you may face a reduction of the quality of Services provided to you by My Resident App. In any such event, My Resident App shall not be liable to you whether for loss of opportunity or any other loss of damage which you may suffer.
My Resident App employs an industry standard technology called “cookies.” The so-called cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes, and is used by My Resident App to track your visits. Cookies may be used to save your preferences for your ease and convenience when using the Site. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements.
The type of anonymous click stream data collected by My Resident App through the cookies may include but not limited to your IP address, date and time of visit of the Site, and whether your requests (including search requests and clicking on links to parts of the Site) were met with successfully. All such information collected through cookies are not Personal Data and you cannot be identified from this information. By collecting such anonymous information, My Resident App can track user trends and patterns to allow My Resident App to provide you with a better and more innovative user experience.
You may choose to erase or block the cookies by changing the settings on your computer or device. Choosing to do so may reduce the quality of the Services being provided to you and My Resident App shall not be liable to you, whether for loss of opportunity or any other loss of damage which you may suffer.
My Resident App has implemented the reasonable technology, policies and measure designed for securing and protecting your privacy from unauthorised access, improper use, disclosure and alteration. My Resident App will make reasonable updates to its security measures at its sole discretion and ensure that authorised third parties use the Personal Data only for the purpose set out in Clause 6 and Clause 7 below, and to adequately ensure the continued confidentiality of the Personal Data.
4. Accuracy of Personal Data
My Resident App aims to keep all Personal Data as accurate, correct, up-to-date, reliable, and complete as possible. You may request access to and review your Personal Data on the relevant page of the Site after logging into your user account, and you may make the necessary changes from there.
5. Purpose of Acquiring and Processing Personal Data
My Resident App may process the Personal Data to:
It is necessary for My Resident App to process your Personal Data for the aforementioned purposes in order to provide you Services. If you do not consent to the above, you may choose to remove your Personal Data. However, in doing so you are required to terminate your agreement with My Resident App and may no longer use the Site or expect to receive the Services.
Your Personal Data may be used for purposes of promotion and marketing to you, such as emailing you special offers and promotions by My Resident App or My Resident App’s third-party affiliates, both in general or customised based on the Personal Data processed, and you may opt out from such promotion and marketing if you choose to do so by notifying My Resident App of your decision.
6. Disclosure of Personal Data
My Resident App may disclose your Personal Data to carefully selected third parties. My Resident App shall endeavour to ensure that reasonable steps are taken to procure that all such third parties shall not use the Personal Data other than for that part of the purpose as set out below (“Purpose”) and to adequately ensure the confidentiality of your Personal Data. These third parties, and the purpose for their processing of your Personal Data, are as follows:
7. Transfer of Personal Data Outside of Malaysia
As part of the Services offered to you through the Site, the Personal Data you have provided to My Resident App may be transferred outside of Malaysia. This may include, but not limited to, instances where My Resident App stores data or back up data on servers located outside of Malaysia.
You hereby expressly consent to My Resident App transferring your Personal Data outside Malaysia for such purposes. My Resident App shall ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use the Personal Data other than for that part of the purpose and to adequately ensure the confidentiality of the Personal Data.