Introduction to Buying Properties in Malaysia

PLEASE READ THESE WEBSITE TERMS & CONDITIONS CAREFULLY.

1. Introduction

• 1.1. The website Futuresmartasia.com and its associated microsites, mobile versions, and mobile applications (“our site”) are operated by Odo Solutions & Enterprises Pte Ltd UEN: 202209460W (“OSE”, “we”, “us” or “our”).
• 1.2. These Website Terms and Conditions (“Terms”) constitute a legal agreement between you (“you” or “your”) and OSE in relation to your use of our site. We provide our site to you subject to these Terms.
• 1.3. By using our site, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our site.
• 1.4. These Terms refer to the following additional terms, which also apply to your use of our site: https://futuresmartasia.com/
• 1.5. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
• 1.6. We may amend these Terms from time to time without any prior notice to you. You should check these Terms occasionally to ensure you are aware of the most recent version that will apply each time you access our site. It is deemed that you have read and understood this Policy by your continuing usage of our site.

2. Website Terms

• Access
• 2.1. Our site is available to you free of charge. As electronic websites are subject to interruption or breakdown, access to our website is offered on an "as is" and "as available" basis only. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
• 2.2. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if for any reason our website is unavailable at any time or for any period.
• 2.3. We may in our sole discretion restrict your access to our website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
• 2.4. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We reserve the right to amend any prices or product information at any time without prior notice to you.
• 2.5. We grant you a limited license to access and make personal use of our site. No right, title or interest in our materials is conveyed to you. This license does not include any resale or commercial use of our site or its materials; any collection and use of any product/services listings, descriptions, or prices; any derivative use of this site or its materials; any downloading or copying of information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools.
• 2.6. You may not modify our site, or any portion of it, except with our prior express written consent.
• 2.7. You agree that you will not:
• • 2.7.1. use our website in any way that breaches any applicable local, national or international law or regulation or is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • 2.7.2. use our website to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other programs or similar computer code which (whether by design or effect) adversely affects the operation of any computer software or hardware or any services on our website;
  • 2.7.3. use our website to disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar obscene or otherwise objectionable material;
  • 2.7.4. use, develop or otherwise support software, scripts, bots or any other means or processes (including but not limited to browser add-ons, plugins or other technology) to harvest or scrape our website or otherwise copy data from our website; or
  • 2.7.5. use crawling or other data-mining technology to search or link to our website or download, cache, print, copy or store any content from our website
• 2.8. Any unauthorised use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to anyone to our site, at any time and for any or no reason, including, but not limited to, for violation of these Terms.
• Security
• 2.9. We do not guarantee that our site will be secure or free from bugs or viruses.
• 2.10. We cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst we and our third parties take precautions to protect information, we do not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk.
• 2.11. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
• 2.12. You must not:
• • 2.12.1. misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful’
  • 2.12.2. attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
  • 2.12.3. attack our site via a denial-of-service attack or a distributed denial-of service attack.
• 2.13. By breaching Clause 2.12, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
• Links
• 2.14. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
• 2.15. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• 2.16. You must not establish a link to our site in any website that is not owned by you.
• 2.17. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
• 2.18. We reserve the right to withdraw linking permission without notice.

3. Use of Website Content

• General
• 3.1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
• 3.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
• Third-Party Content
• 3.3. Where our site contains links to other sites and resources provided by third parties (the “Third Party Sites”), these links are provided for your information only. None of such links should be deemed to imply that we endorse or approve the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
• 3.4. Our site may include information and materials uploaded by third-parties. This information and these materials have not been verified or approved by us. The views expressed by third-parties on our site do not represent our views or values.
• 3.5. Our site may include information and materials uploaded by third parties or other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
• 3.6. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you warrant that any such contribution does comply with reasonable and legal standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• 3.7. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.
• 3.8. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
• 3.9. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with reasonable and legal standards.
• 3.10. You are solely responsible for securing and backing up your content.
• 3.11. We do not store terrorist content.

4. Exclusion of Liability

• General
• 4.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or liability for fraud or fraudulent misrepresentation.
• 4.2. Our site and all information, content, materials and services included on or otherwise made available to you through our site are provided on an ‘as is’ and ‘as available’ basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of our site or the information, content, materials or services included on or otherwise made available to you through our site, unless otherwise specified in writing. You expressly agree that your use of our site is at your sole risk.
• 4.3. We do not warrant that our site, information, content, materials or services included on or otherwise made available to you through our site, their servers, or email sent from us are free of viruses or other harmful components.
• For Vendors
• 4.4. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• 4.5. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• • 4.5.1. use of, or inability to use, our site; or
  • 4.5.2. use of or reliance on any content displayed on our site.
• 4.6. In particular, we will not be liable for:
• • 4.6.1. loss of profits, sales, business, or revenue;
  • 4.6.2. business interruption;
  • 4.6.3. loss of anticipated savings;
  • 4.6.4. loss of business opportunity, goodwill or reputation; or
  • 4.6.5. any indirect or consequential loss or damage.
• For Consumers
• 4.7. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• 4.8. With respect to products on our site that are sold by third parties, we do not give any warranties. To the fullest extent permissible by applicable law, we disclaim all other warranties, whether express or implied.
• 4.9. To the fullest extent permitted by law, we, our related entities, and third parties connected to us hereby expressly exclude:
• • 4.9.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • 4.9.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website (whether through use of goods or services purchased via the website or otherwise), any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

5. Indemnity

• You agree to indemnify us and keep us indemnified, each of our related entities and other persons involved in the creation and operation of our site from any and all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6. Data Protection

• 6.1. We collect and process your personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms accessible.
• 6.2. Where applicable, you agree and consent to our collection, use, processing and disclosure of your personal information as described in our Privacy Policy.

7. General Terms

• 7.1. Transfer/Assignment: You may not transfer or assign any rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations under these Terms to third-parties, including but not limited to subsidiaries, associated companies, affiliates, agents, contractors, and third party suppliers. We will always tell you in writing if this happens and will ensure that the transfer will not affect your rights under the contract.
• 7.2. Severability: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• 7.3. Waiver: Our rights under these Terms may be waived only in writing, and delay in the exercise or non-exercise of any right is not a waiver of that right.
• 7.4. Governing Law: These Terms, their subject matter and their formation, are governed by the laws of Singapore. You and we both agree that the courts of Singapore will have exclusive jurisdiction.
• 7.5. Dispute Resolution: The courts of Singapore shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination.

This website (“our site”) is brought to you by Odo Solutions & Enterprises Pte Ltd, UEN: 202209460W (in short “OSE”, “we”, “us” or “our”). We ask that you read this Privacy Policy (the “Policy”) carefully as it sets out the basis on which we may collect, use, disclose and/or otherwise process your personal data in accordance with Singapore’s Personal Data Protection Act (No. 26 of 2012) (the “PDPA”). Throughout this Policy, the meaning of the term “personal data” is as defined in the PDPA.

1. Collection of Personal Data

• 1.1. We may obtain personal data about you whenever you use our site, or when you voluntarily provide such personal data to us via our site or by various modes of communication. Personal data we may collect about you includes but is not limited to your name, contact number, last 4 alphanumeric characters of NRIC, date of birth, e-mail address, and location details.
• 1.2. We may monitor your use of our site through cookies and similar tracking technologies, including but not limited to how many times you visit our site, which pages you go to, traffic data, location data and the originating domain name of your internet service. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
• 1.3. If you voluntarily provide us with your personal information, you will be consenting to our processing it for the purposes set out in Clause 2 of this Policy.

2. Use of Personal Data

• 2.1. We may use, combine and/or process your data for the following purposes:
• • verifying your identity;
  • administrative purposes (e.g. responding to, handling, and processing your queries, complaints and/or feedback);
  • managing your relationship with us;
  • research, statistical analysis and behavioural analysis;
  • sending news and updates via emails and newsletters;
  • marketing and advertising any goods and services to you by us or by any of our related companies, agents, contractors and third party suppliers that may be of interest to you;
  • fraud prevention and detection;
  • improving our services;
  • any other purposes for which you have voluntarily provided your personal information; and
  • any other incidental purposes related to or in connection with the above.
• 2.2. We may continue to use, combine and/or process your personal data for the purposes listed in this Clause 2 after your relationship with us (e.g. pursuant to a contract) has been terminated or altered in any way for a reasonable period thereafter (including, where applicable, to enable us to enforce our rights under any contract with you).

3. Marketing and Opting Out

• If you have granted us permission, we may use your personal data to send emails and newsletters, and to market products, services, initiatives, promotions, special offers, lucky draws, membership and rewards schemes, charitable causes or other promotions by us or by any of our related companies, agents, contractors and third party suppliers that may be of interest to you. If you prefer not to receive any direct marketing communications from us, you may opt out at any time. Please see Clause 9 of this Policy for more information.

4. Disclosure of Personal Data

• We may disclose your personal data to:
• • our agents, contractors and third party suppliers;
  • our vendors, consultants, marketing partners, research firms, and other service providers or business partners; and
  • our legal advisors, law enforcement agencies and government officials, where it is necessary in the public interest or to respond to an emergency or in connection with any investigation into unlawful activity; and
  • third-party sellers.

5. Protection of Personal Data

• 5.1. We will take reasonable legal, organisational and technical measures to safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or other similar risks, including:
• • storing your personal data on secure servers;
  • limiting our employees’ access to your personal data on a need-to-know basis; and
  • requiring those processing your personal data to do so in an authorised manner and to treat your information with confidentiality.
• 5.2. While we will make reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that is transferred from you or to you via the internet.

6. Retention of Personal Data

• 6.1. We may retain your personal data for as long as reasonably necessary to fulfil the purposes for which your data was collected, or as required or permitted by applicable laws.
• 6.2. We will cease to retain your personal data or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

7. Personal Data of Other Individuals

• If you provide us with the personal data of other individuals, you represent and warrant that you have obtained their consent for their personal data to be collected, used and disclosed in the manner set out in this Policy.

8. Transfer of Data out of Singapore

• We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and comply with our legal and regulatory obligations in relation to your personal data.

9. Our Contact Details

• If you have any queries or feedback on our personal data protection policies and procedures, or if you wish to make any written request under this Policy, please contact us at:
  
  
• Odo Solutions & Enterprises Pte Ltd
  1 Essex Road 19-02
  Singapore 309329
  Or:
  john@odoplatforms.com