Terms of Use

A. INTRODUCTION

  1. Welcome to our website ("Site"). Please read these Terms of Use carefully before accessing, using, and browsing the Site.

  2. BY ACCESSING, USING, AND BROWSING THE SITE YOU AGREE THAT YOU HAVE READ THESE TERMS OF USE AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THEM INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THE SITE OR USE OUR SERVICES.

B. DEFINITION

In these Terms of Use, the following expressions shall have the following meanings:

  1. "KHK GROUP” or “we” or “us” shall mean the owner of the Site and any of its group of companies.
  2. “You” or “your” shall mean you or any person or entity who views, uses, accesses, browses the Site or and/or registers with us.
  3. “Terms of Use” shall mean these terms and conditions contained herein including any modifications and amendments or additions thereto from time to time.

C. GENERAL

  1. The information contained in this Site is for your general information and use only. The information and materials contained in this Site and the terms, conditions, and descriptions that appear are subject to change without notice.

  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  3. Whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to this Site or the information, products, services, or related graphics contained on this Site for any purpose. Your use of any information or materials on this Site is entirely at your own risk, for which we disclaim all responsibility and liability. It shall be your own responsibility to ensure that any properties, products, and/or services offered or information available through this Site meet your specific requirements.

  4. You hereby agree and acknowledge that certain features or services offered on or through the Site may require you to register with us by providing certain personal information which shall include (but shall not be limited to) your legal name, NRIC no., address, telephone, and e-mail address. If any information that you have provided is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), KHK GROUP has the absolute right to reject or refuse your access to this Site or your registration or your request or purchase of any of our properties, products, and/or services offered under the Site and need not give any reason whatsoever.

D. ADDITIONAL TERMS & CONDITIONS AND VARIATION

  1. Additional terms and conditions may apply to the properties, products, and services offered on or through the Site and to specific portions or features of the Site, including contests, promotions, or other similar features (“Other Terms & Conditions”), all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such Other Terms & Conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and any of the Other Terms & Conditions, the latter terms shall control with respect to your use of that portion of the Site or in relation to that specific properties, products, or services.

  2. KHK GROUP reserves the right to amend, modify, add, or remove any portions of these Terms of Use from time to time or at any time at its sole discretion. KHK GROUP shall have no responsibility to notify you of any changes to the Terms of Use prior to the coming into effect of such changes or otherwise. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

E. FORCE MAJEURE

  1. KHK GROUP shall not be liable for any delay or failure in the performance by KHK GROUP of its obligations under the Site caused by or resulting from Force Majeure.

  2. For the purpose of this Term of Use “Force Majeure” shall mean any unforeseeable event or cause beyond the reasonable control of KHK GROUP which prevents or delays the performance or observance of KHK GROUP's obligations under the Site, including but not limited to fire, explosion, casualty, accident, storm, flood, drought, weather conditions, earthquake, act of God or other natural disaster, insurrection, strike, hostilities, riot, civil commotion, labour disputes, shortage of labour, shortage or unavailability of the properties, products, and/or services or raw materials, mechanical breakdown, delay in transit, failure or problems with public utility supplies including electrical, telecommunication or internet failure, or other causes whatsoever (whether similar to the foregoing or not), enemy action, revolution, war, blockage, embargo, lockout, government order, epidemic, pandemic, viral, or any law, order, proclamation, regulation, demand, or requirement of any government or of any of its government agencies.

F. PRIVACY

KHK GROUP’s Privacy Policy applies to the use of the Site and its terms are made a part of these Terms of Use by this reference. Please refer to KHK GROUP’s Privacy Policy for details.

G. LINKS

The Site may contain links to other sites and pages which are not maintained or controlled by KHK GROUP and for which we have no responsibility (“Linked Sites”). These Linked Sites are merely provided for your convenience and the contents, accuracy, opinions expressed, and other links provided by the Linked Sites are not investigated, verified, monitored, or endorsed by KHK Group. When you activate any of these Linked Sites you leave the Site and access to such Linked Sites is at your own risk for which KHK GROUP disclaims all responsibility and liability. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

H. INFORMATION ON DEVELOPMENT

  1. All site layouts, plans, specifications, and related development literatures, information, and visuals published and featured on the Site are for identification and illustration purposes only and not to scale which may not depict the actual final design and specifications of the units or properties as constructed or developed in any of our development projects.

  2. The information and plans contained in this Site are also subject to changes and deviations as may be required by KHK Group or required or approved by the appropriate authorities. All art renderings, illustrations, pictures, photographs, and other graphic representations and references on the web pages at this Site are artists’ impressions only. Nothing herein shall form part of an offer or contract or be construed as any representation by KHK Group or its agent. All areas and measurements stated herein are approximate and subject to adjustment on final survey.

  3. Neither the information described herein nor the Content of this Site may be deemed to constitute a warranty and/or representation. We take no responsibility or liability for the same and reserve the right to make changes, variations, modifications, and amendments as we, our consultants, and/or relevant authorities may deem necessary.

I. LIMITATION OF LIABILITY

  1. To the extent permitted by law, all warranties, descriptions, representations, or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability, or otherwise of our properties, products, and/or services are expressly excluded.

  2. No agent or representative of KHK GROUP is authorized to make any warranties, representations, or statements regarding our properties, products, and/or services and KHK GROUP shall not in any way be bound by any such unauthorized warranties, representations, or statements.

J. CONTENT AND INTELLECTUAL PROPERTY

  1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively "Content") including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content contained on the Site is owned, controlled, or licensed by or to KHK GROUP and is subject to the intellectual property rights and laws.

  2. No person may copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, encode, modify, alter or display in public or distribute in any way any part of the Site and/or the Content for any purpose without KHK GROUP’s prior written permission.

  3. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of KHK GROUP or others.

  4. All right, title, and interest in all intellectual property (including but not limited to the trademarks, logos, and service marks of KHK GROUP) in all forms and related materials displayed on the Site shall at all times remain the property of KHK GROUP and no person shall be allowed to use the same without the written permission of KHK GROUP. No right or license is given to any party accessing the Site to use or reproduce in any manner any such marks or logos.

K. DISCLAIMER

  1. By accessing and using the Site as well as submitting any requests to KHK GROUP for online processing you acknowledge and accept that such access and submission is at your own risk. KHK GROUP shall not be liable for any direct, indirect, incidental, consequential, or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of access to or inability to use the Site/submit any online requests to KHK GROUP. Without limiting the foregoing:

  2. THE SITE, DOCUMENTS, AND ALL INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY, OR NON-INFRINGEMENT. KHK GROUP SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS THEREOF. KHK GROUP ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO SITE/CONTENTS OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION, OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE/CONTENTS OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.

L. INDEMNITY

  1. You agree to indemnify and hold harmless KHK GROUP and its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates from and against any and all claims, actions, demands, proceedings, loss, liability, penalties, fines, costs, and/or expenses (including solicitors’ fees) incurred, suffered, or made against KHK GROUP due to or arising out of or in connection with: (a) your use or misuse of the Site; (b) any transaction made on the Site by you; (c) your violation or breach of any term of these Terms of Service or Other Terms of Conditions or any policy or guidelines referred herein; or (d) any Content uploaded by you.

M. VIOLATION/BREACH

  1. You agree that KHK GROUP may in its sole discretion and without prior notice terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other terms, agreements, policies, or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to KHK GROUP for which monetary damages would be inadequate and you consent to KHK GROUP obtaining any injunctive or equitable relief that KHK GROUP deems necessary or appropriate in such circumstances without prejudice to any other remedies KHK GROUP may have at law or in equity.

N. MISCELLANEOUS

  1. The headings and sub-headings in these Terms of Use are inserted merely for convenience of reference and shall be ignored in the interpretation and construction of any of the provisions contained herein.

  2. No failure on the part of KHK GROUP to exercise and no delay on KHK GROUP’s part in exercising any right or remedy under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude KHK GROUP from further exercise thereof or the exercise of any other right or remedy.

  3. If any provision or any part of any provision of these Terms of Use which are illegal, void, prohibited, or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition, or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition, or unenforceability shall not invalidate or render illegal, void, or unenforceable any other provision contained herein.

  4. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia and you hereby agree to submit to the jurisdiction of the Court of Malaysia.