The terms and conditions set out herein below govern the use of SINJUN PROPERTIES’s (‘the Firm’) services offered and available on the website sinjunproperties.com (‘the Site’). The User is advised to read them carefully as they affect the User’s rights and liabilities under the law. The registration of SINJUN PROPERTIES as a soleproprietorship is No.117255 under the The Businesses, Professions and Trading Licensing Ordinance, Sarawak. It holds Business Professions and Trading Licence as “Real Estate Agent” and “Management Services”. The firm is registered with LPEPH (Lembaga Penilai, Pentaksir, Ejen Hartanah dan Pengurus Harta) in English BOVAEP (Board of Valuers, Appraisers, Estate Agents and Property Managers) with registration No. E(3)2077.
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), as well as those terms and conditions incorporated by reference and/or implication.
The Firm may amend the terms and conditions from time to time. The User will be notified of any amendments via announcement on the Site.
If the User continues to use the Site and/or services provided by the Firm on the Site (‘the Services’) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
The services herein are offered by the Firm which has its registered office at Postal Address: SL15 2nd Floor, Lorong BK Square 2, BK Square, Jalan Batu Kawa, 93250 Kuching, Sarawak corresponding to Land Title Address: No.1 Lot 3674, 2nd Floor Block 217 KNLD, BK Square, Jalan Batu Kawa, 93250 Kuching, Sarawak.
THE USER
The User must be either an Individual (a Real Estate Negotiator or Senior Real Estate Negotiator or a client or prospect or visitor) or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.
‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law. ‘Individual’ includes parents or guardians of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event the User agrees as his/her parent/guardian, both in the User’s personal capacity and on behalf of the User’s child/ward, to be bound by the terms of this Agreement and to be liable for the User’s child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and the User also agrees to ensure that the User’s child or ward observes the terms of this Agreement.
If an ‘Individual’ is a REN/SrREN of SINJUN PROPERTIES, he or she should have established an employment relationship with SINJUN PROPERTIES as the firm in conducting Estate Agency Practice – either as “contract of service” or “contract for service” legitimate under the law. If an ‘Individual’ is a client or prospect, he or she should have agreed or is in the process of agreeing to SINJUN PROPERTIES as the firm appointed or engaged to conduct Estate Agency Practice.
If an ‘Individual’ is a visitor, user or advertiser using sinjunproperties.com as a platform to promote his or her advertisement listings, he or she is a subscriber to the online advertising services available in this website. In this setting, the ‘Individual’ is subjected to the privacy policies, terms of use and any other scrutiny of the Webmaster of this website.
‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
‘Customer’ – when a new user registers in the Site, he is a customer of the Site.
‘Subscriber’ – when a user who is assigned as a subscriber, he can start posting advertisements in the Site.
‘Contributor/Author’ – when a user who is assigned as a contributor/author, he can post and edit advertisements in the Site but cannot make layout changes.
‘Editor’ – when a user is assigned as an editor, he can post, edit and delete advertisements in the Site. An editor should have been employed or engaged by SINJUN PROPERTIES as REN/SrREN or Admin Staff to the firm. In this position as an editor, access to use the website is expanded to include “Drafts” and “Records” sections in order to carry out E-Signing of Authorization and Agreement Letters.
‘Administrator’ – the person who can post, edit, delete and make changes to the layout of the Site. Administrator can conduct full control of the website. As for privacy and security, Administrator is by rotation to top management ONLY.
RESPONSIBILITIES OF THE USER
- The User is personally responsible for his/her use of the Site and/or Services.
- The User uses the Site and/or the Services at his/her own risk.
- The User shall use the Services in accordance with the terms and conditions of this Agreement and any law at the time being in force in Malaysia including, but not limited to, the Malaysian Communications and Multimedia Act 1998 and the Malaysian Communications and Multimedia Content Code (“Content Code“).
- The User who is ‘Editor’, hence a REN or SrREN is governed also by Code of Conducts under Malaysian Estate Agency Practice, Act 242 and its Regulation 1986. Notwithstanding, a REN/SrREN is also governed under Standard 2 of the Malaysian Estate Agency Standard (MEAS Ed 3) as Negotiator as well as any circular, guidance note or notification issued by BOVAEP to regulate the practice of Estate Agency in Malaysia.
The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-
- (a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
- (b) otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
- (c) violates or is illegal under any applicable law, statute, ordinance or regulation, especially Valuers, Appraisers, Estate Agents and Property Managers Act, 1981 and its Regulations, 1986, Malaysian Estate Agency Standards (MEAS) and circular, guidance note and notification issued by BOVAEP/LPEPH.
- (d) prior permission be obtained from the owner of the proprietary rights or rights of publicity or privacy or premises/outlets/merchants/service providers by way of written consent or digital acknowledgement in the COMMENTS section of the Site for using the above material for advertisement.
The User shall not provide and/or cause to be provided information which:-
- (a) is false, inaccurate or misleading;
- (b) involves the sale of counterfeit or stolen items, or any other fraudulent act;
- (c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
- (d) violates or breaches any law;
- (e) is defamatory;
- (f) contains pornographic or obscene materials.
- (g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- (h) creates liability for the Firm or causes the Firm to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
- (i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of religious, cultural or racist nature; or
- (j) any other prohibited content as provided under the Content Code.
The Firm reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
The Firm shall also have the right to remove any content from the Site in accordance with the complaints procedure contained in Part 5, Paragraph 10.2 of the Content Code. The User may obtain further information on the Content Code from the following link: https://contentforum.my/
The User shall comply with the Firm’s Rules of Advertising.
The User is solely responsible for the accuracy of the said Information.
INTELLECTUAL PROPERTY
Copyright
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content“) are works protected under the Malaysian Copyright Act 1987.
Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the Firm:-
- modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
- transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the Firm or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.
No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User’s personal use only. The User further agrees that he or she will not infringe the Firm’s copyright by any method or manner now known or as may exist in the future.
The User hereby agrees to assign absolutely to the Firm all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs (‘the Assigned Works’).
Indemnify the Firm on Advertisements which are Assigned Works or Marks
The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the Firm from any claims by any third party arising from the ownership of the Assigned Works or marks.
All photographs used in any listings and advertisements and posted on the Site will be endorsed with the Firm’s watermark seal – SINJUN PROPERTIES (the “Watermark“). The Watermark shall not at any time be removed, altered or tampered with.
The Firm takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The Firm aggressively enforces its intellectual property rights to the fullest extent of the law.
Domain Name – sinjunproperties.com
The domain name on which the Site is hosted on is the sole property of the Firm and you may not use or otherwise adopt a similar name for your own use.
Trademark
SinjunProperties or SJ and its logos are trademarks or registered trademarks of the Firm.
Names, marks and logos of all other products, services and companies mentioned on the Site may be the trademarks of their respective owners.
CONTENT USE CONDITIONS
All information, materials, functions and other content (“Content“) on the Site including any sounds, music, text, graphics, data, stills, photographs, and moving images are copyrighted property of the Firm.
The User may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to the Services; or Site.
Without prejudice to the above, the User agrees not to reproduce, display or otherwise provide access to the Services or Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of the Firm.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content available on the Site or the Services except under the specific circumstances expressly permitted by law or the Firm in writing.
ONLINE CONDUCT OF THE USER
The User undertakes:
to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by the Firm from time to time (which are hereby incorporated by reference into this Agreement);
not to use the Services or any Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.
COOKIES
This site uses cookies. You must have cookies enabled on your computer in order for all functionality on this site to work properly. This is the default setting for Google Chrome, Internet Explorer and Mozilla browsers. Please refer to your browser’s Help for more information about enabling cookies.
A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. The only information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites.
Cookies allow you to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any user. Only information provided voluntarily is stored, but this information is not personally identifiable.
EMAIL ADDRESS OF USERS
Users are required to submit a valid email address to the Firm to post advertisements on the Site.
The email address of the User shall not be publicly displayed on the Site. Other Users may contact the User through the Site.
TERMINATION AND SUSPENSION
The Firm reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
NO WARRANTY
The Firm does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the Firm’s control and the
Firm shall not be liable for any loss, liability or damage which the User may incur as a result.
The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the Firm excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The User acknowledges and agrees that the Firm does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the Firm hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.
The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User’s own risk, and the Firm shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.
LINKS TO THIRD PARTY WEBSITES
The Site may contain links and/or references to other websites (‘Third Party Websites’).
The Firm shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Firm.
Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Firm.
In the event the User decides to leave the Site and access Third Party Sites, the User does so at his or her own risk.
EXCLUSION OF LIABILITES
To the full extent allowed by applicable law, in no event shall the Firm, its parent Firm, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
- (a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- (b) any loss of goodwill or reputation;
- (c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;
- (d) any liability at common law; or
- (e) in any other way.
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Firm’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Firm’s negligence or the negligence of the Firm’s servants, agents or employees.
For avoidance of doubt, the Firm is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
INDEMNITY
The User at all times agrees and undertakes to indemnify, hold harmless and defend the Firm, its parent Firm, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Firm directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
RELEASE
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Firm, its parent Firm, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
GOVERNING LAWS
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts, including but not limited to Contracts Act, 1950, Valuers, Appraisers, Estate Agents and Property Managers Act, 1981, Electronic Commerce Act, 2006, Digital Signature Act, 1997 and laws relating to land and properties.
GENERAL PROVISIONS
Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Firm, in its sole discretion, to a third party in the event of a merger or acquisition.
The User and the Firm are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Failure of the Firm to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
Words importing one gender shall include any other gender unless stated otherwise.
Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.
NOTICES
Notices to the Firm may be sent by registered post to the following address:
Sinjun Properties E(3)2077
ROB no: 117255
Address: Sublot 15, 2nd Floor, Lorong BK Square 2, BK Square, Jalan Batu Kawa, 93250 Kuching, Sarawak, Malaysia
Email: admin@sinjunproperties.com
Contact: 012 8866 090
Notices to the User shall be sent to the email address provided to the Firm. Notices are deemed to be sent within 24 hours of the time of sending of the email unless the Firm receives notification that the email address is invalid, or where sent by normal post to the User’s address, shall be deemed to be received after 14 days from the date of posting.
DISCLAIMER
Please note that in posting your advertisement on sinjunproperties.com, you are required to disclose certain items of information as specified under MEAS Standard 6:
- Name of REN
- REN Registration Number
- REN Registered Telephone (mobile) Number
- Name of Firm (e.g. Sinjun Properties)
- Firm Registration Number (e.g. E(3)2077)
- Firm Desk Telephone Number (082 – 522 890)
and under the Consumer Protection (Electronic Trade Transactions) Regulations 2012 (the “Regulations”) as follows :-
- (1) Your name or the name of your business or Firm;
- (2) The registration number of your business or Firm, if applicable;
- (3) Your email address, telephone number and address;
- (4) A description of the main characteristics of the goods or services offered;
- (5) The full price of the goods or services including transportation costs, taxes and any other costs;
- (6) The method of payment;
- (7) Any terms and conditions governing the sale of goods or provision of services; and
- (8) The estimated time of delivery of goods or services to the buyer, if any.
Failure to disclose or provide such required information would constitute an offence under the Regulations and the Consumer Protection Act 1999. You understand and acknowledge that providing information which you know or have reason to believe is false or misleading is an offence under the Regulations and SINJUN PROPERTIES shall not be held liable, whether criminally or otherwise under the Regulations, for your failure to provide accurate information as required. In addition, SINJUN PROPERTIES shall not be responsible for any loss, damage, claim or liability arising, directly or indirectly, from the contravention of the Regulations as a result of your failure to disclose or provide the required information.
Effective from 14 February 2024