By using this site, you agree to the Internet Privacy Policy of our website at www.jalinrealty.com.my (“Website”) and terms and conditions contained on this Website. www.jalinrealty.com.my is a website of Jalin Realty Sdn Bhd and its related entities (“We”, “our” and “us” in this Website Terms and Conditions).
Copyright
Except where necessary for viewing the information on the Website on your browser, or as permitted under applicable laws or these Terms and Conditions, no information on this Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Jalin Realty Sdn Bhd and its related entities.
Website Access
Please note that the website format may vary slightly depending on what internet platform or devices you are using, your personal computer or device settings such as screen resolution size and text size etc. may also change the look of this website. If you are having problems with the Website and need assistance, please contact our office on +60 3 6203 9988.
Disclaimer
Materials presented in connection with the Website are for information purposes only. The information is provided solely on the basis that users will be responsible for making their own assessments of the matters discussed and are advised to verify all relevant representations, statements and information contained in or in connection with this site. Information on this Website should not be regarded as a substitute for professional legal, financial, real estate or other expert advice.
This Website contains links to other internet sites that are external to Jalin Realty. Jalin Realty takes reasonable care in linking other internet sites but has no direct control over the content of the linked internet sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own assessment of the accuracy, currency, reliability and correctness of information contained in the linked internet sites. Links to other internet sites are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service. Jalin Realty is not responsible for the privacy practice of linked internet sites.
Jalin Realty accepts no responsibility for unsuitable, incomplete or inaccurate material that may be encountered. Jalin Realty, its subsidiary companies, its directors, officers, employees, agents and related entities responsible for maintaining this Website, make no claim as to the accuracy of the information on its site, or the accuracy of the information provided by third parties connected to the site, or in respect of links provided to other internet sites, the accuracy of the information on those sites.
Whilst every effort has been made to ensure that the information is accurate, Jalin Realty will not accept any liability for any loss or damage which may be incurred by any person acting in reliance upon the information.
Users should note that transmissions on the Internet are not conclusively confidential. Any information transmitted by the user is at the user’s own risk.
General Conditions
These Terms and Conditions are governed by the law in force in Malaysia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia and courts of appeal from them for determining any dispute concerning the Terms and Conditions. These Terms and Condition can be modified at any time by Jalin Realty and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this Website – we will not separately notify you of these changes.
e-Buy
The following apply specifically to users of the e-Buy platform provided by Jalin Realty Sdn Bhd (“e-Buy Users”), who confirm that they have read, understood and agreed to be bound by these e-Buy Terms and Conditions:
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Definitions
- Auctioneer means the Auctioneer appointed by the Seller or Seller’s Agent to conduct the e-Buy who must be licensed to perform an auction;
- Bidder means an e-Buy User who has registered to bid on a property offered for sale on the e-Buy page of the Website;
- Campaign Bidding Stage means the e-Buy stage that commences when the Property is listed on the Website and ends at the earlier of the Property being sold or the commencement of the Final Bidding Stage;
- Dummy Bidding means false or fictitious bids made by non-genuine bidders with no intention of buying the Property;
- e-Buy means the process set out in these e-Buy Terms and Conditions according to which the sale is to be conducted through the Website;
- Fall of the Hammer means the time in the Final Bidding Stage the Auctioneer announces that the Final Bidding Stage has ended and no further bids will be accepted from Qualified Bidders;
- Final Bidding Stage means the e-Buy stage at which Qualified Bidders make competing bids to purchase the Property through the Website, with a time limit applying to the making of bids and the process concluding when the Property is sold or all bids are exhausted;
- Highest Bidder means the Qualified Bidder who makes the highest bid for the Property in the Final Bidding Stage that is accepted by the Auctioneer;
- Offer Terms means the terms the Bidder offers for the purchase of the Property, which if accepted by the Seller and made by the Highest Bidder or Sole Bidder as the Winning Bid, will constitute part of a binding SPA entered by the Highest Bidder or Sole Bidder with the Seller for the purchase of the Property;
- Operator means Jalin Realty Sdn Bhd;
- Paddle Number means the unique identifying number provided by the Website to each Qualified Bidder to allow them to be identified in the e-Buy bidding process;
- Price means the price at which the Property will be sold, being:
- the Winning Bid on the Website; or
- if the Property does not sell during the Final Bidding Stage, any price agreed by the Bidder and Seller before noon the day following the Final Bidding Stage;
- Property means the relevant property of interest that is listed for sale on the e-Buy page of the Website;
- Qualified Bidder means a bidder who has fulfilled the requirements and has been approved by the Seller in accordance;
- Reserve Price is the minimum amount that the Seller of the Property will accept as the Winning Bid in e-Buy;
- Seller means the seller of the relevant Property;
- Sole Bidder means a Qualified Bidder who is the only Qualified Bidder in relation to the Property (i.e. the only bidder who has submitted to the Seller’s Agent Offer Terms that have been accepted by the Seller such that the bidder may take part in e-Buy);
- SPA means the sale and purchase agreement formed between the Highest Bidder, or any Sole Bidder, who has made the Winning Bid, and the Seller;
- Winning Bid means the successful bid made in the Website which will be confirmed by the Bidder on the SPA as the Price for which the Property will be sold and includes, if applicable, the successful bid made by the Highest Bidder or any bid made by the Sole Bidder that is accepted by the Seller.
- General
- Prospective Bidders are advised to obtain a copy of the terms and conditions of the sale of the relevant Property and to inspect the property and to conduct their own searches, enquiries, investigations and verifications on the accuracy and correctness of the particulars and information provided and to seek their own professional advice in regard to the proposed purchase.
- The Website makes no representation or warranty whatsoever as to the accuracy or the actual condition of the Property nor the particulars of the Property. Any photographs shown are solely for general identification and information.
- All sales through e-Buy will be conducted by Jalin Realty Sdn Bhd through an Auctioneer.
- Jalin Realty Sdn Bhd has the absolute discretion to refuse any participation in e-Buy, place restrictions on interactions or deny access of any person to the e-Buy platform.
- Jalin Realty Sdn Bhd shall be the sole arbiter in all cases of dispute and any decision(s) made by Jalin Realty Sdn Bhd shall be final and binding on all parties involved.
- Jalin Realty Sdn Bhd shall be at liberty to postpone, call off or adjourn any sale through e-Buy at any material time without having to provide any reasons or grounds whatsoever.
- User Accounts: Eligibility, Registration and Conduct:
- Individual User: An e-Buy User must be of legal age (18 years or older) and capacity to enter into a binding contract (of sound mind and not bankrupt).
- Corporate User: If an e-Buy User is registering on behalf of a company, he or she must be authorised to enter into and bind the company to these e-Buy Terms and Conditions and register for/use e-Buy. The company itself must be incorporated under the laws of Malaysia and not in liquidation.
- An e-Buy User must submit the following documents for identity verification:
- Individual: Photocopy of NRIC/Passport;
- Corporate:
- Memorandum and Articles of Association/Constitution of company;
- Board of Directors Resolution; and
- Form 24, Form 44, Form 49 or equivalent under the Companies Act 2016 or other applicable laws.
- An e-mail will be sent to the e-Buy User’s registered e-mail address with the user ID and password.
- Foreign nationals or companies are also advised to take note of restrictions applicable on foreign purchase imposed by the relevant authorities.
- No e-Buy User shall register more than one (1) personal account on the e-Buy platform.
- An e-Buy User shall not transfer his or her account to any other party without our written authorisation.
- Each e-Buy User is responsible and liable for all actions and activities that occur on his or her account and shall be responsible for keeping the login credentials safe and strictly confidential.
- The e-Buy User undertakes not to disclose any information which permits access into the e-Buy User’s user account to others. In the event an e-Buy User receives any material or data containing information where the e-Buy User is not the intended recipient, the e-Buy User agrees to delete such material or data and further agrees to notify Jalin Realty Sdn Bhd immediately.
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e-Buy Process
- An e-Buy user may browse through the e-Buy page of the Website and select any property which he or she would like to bid on.
- The e-Buy User will then need to register as a Bidder for that Property by completing the Bidder Authorisation Form and providing proof of transfer deposit in favour of Jalin Realty Sdn Bhd. The bank account details will be provided in the Memorandum of Sale. All registrations must be completed at the latest one (1) hour before the e-Buy period ends.
- Registration of Bidders is subject to verification and approval of Jalin Realty Sdn Bhd and the Seller. Any improper, incomplete or late registration may be rejected at the discretion of Jalin Realty Sdn Bhd and the Seller. Any deposit paid, if cleared by the bank, will be refunded to the same bank account from which it was transferred within three (3) working days.
- Upon approval and verification, the registered Bidder becomes a Qualified Bidder and will receive a notification on the successful registration that will provide them with a Paddle Number and also show when the Final Bidding Stage will commence. The Paddle Number will be used to identify the Qualified Bidder during the bidding.
- Throughout the Campaign Bidding Stage, any Qualified Bidder may increase his or her bid by providing further bids through the Website. A confirmation SMS will be sent to the Qualified Bidders/Seller’s Agent/Seller for each bid made.
- All Qualified Bidders will be able to see all accepted bids made on the Property.
- The Auctioneer may withdraw bids, at their complete discretion.
- Dummy Bidding and/or encouraging another party to engage in Dummy Bidding constitutes a breach of these e-Buy Terms and Conditions and may have serious consequences.
- During the Campaign Bidding Stage and the Final Bidding Stage, the Auctioneer may determine a minimum amount by which any bid must exceed the previous bid and no bid will be accepted that does not meet that requirement.
- The Final Bidding Stage will commence at the date and time nominated by the Seller.
- During the Final Bidding Stage:
- The Website will set a time limit during which Qualified Bidders may consider whether or not to place a bid.
- The Website will display the current highest bid. Qualified Bidders may choose to make a further bid exceeding what is then the highest bid by increments determined by the Auctioneer.
- The Website will display the Paddle Number for each Qualified Bidder and show which Qualified Bidder has made the highest bid at any point in the Final Bidding Stage.
- Qualified Bidders can increase their bids, until all bids are exhausted within the set time period.
- The Auctioneer may pause the time limit for making bids for the purpose of taking instructions from the Seller or conferring with Qualified Bidders, and such a pause will be displayed on the Website and visible to all Qualified Bidders.
- If any dispute arises in relation to any bid, such dispute will be determined by the Auctioneer.
- Once commenced, the Final Bidding Stage cannot be terminated by the Seller or any other party until all bids have been exhausted.
- The ultimate buyer of the Property will be the Qualified Bidder who bids the highest amount at or in excess of the Reserve Price that is accepted by the Auctioneer at the Fall of the Hammer.
- Unsuccessful Bidders shall have the deposit refunded to the same bank account from which the deposit transfer was made within three (3) working days from the date of the Final Bidding Stage.
- As soon as practicable after the Website records that the Highest Bidder has made the Winning Bid, the Highest Bidder will complete the SPA to incorporate the Offer Terms and the Price and sign the SPA.
- The Property is offered for sale subject to a Reserve Price. If no bid exceeds the Reserve Price in the Final Bidding Stage, the Seller is not obliged to sell the Property. If none of the bids made by the Qualified Bidders equal or exceed the Reserve Price, the Seller may choose to negotiate with the Highest Bidder to sell the Property.
- The Seller may accept Offer Terms and the price made in a bid by a Qualified Bidder during the Campaign Bidding Stage without commencing the Final Bidding Stage where there is only one Qualified Bidder (who will then be the Sole Bidder). This bid will then become the Winning Bid with acknowledgement to the Sole Bidder of the Seller’s intention to accept their bid as the Winning Bid.
- Disclaimers, Liability and Indemnity
- The Auctioneer and the Website shall not be held liable for any disruptions, delays, failures, errors, omissions or loss of information due to unsatisfactory internet access or any online interruption that may howsoever occur during the e-Buy process.
- Each e-Buy User agrees to fully indemnify Jalin Realty Sdn Bhd against any and/or all liabilities, losses, damages, penalties, actions, judgments, costs, expenses or disbursements of any kind whatsoever which may be imposed on, incurred by Jalin Realty in respect of the e-Buy User's unlawful activities, communication, act and/or omission in any way relating to or arising out of the negligence of or misconduct of or breach of or any omission, delay or failure of the e-Buy User's obligations under the e-Buy Terms and Conditions.
- The use of the e-Buy platform and all information and data provided on or through the Website is entirely at the Bidder’s risk. The Bidder is responsible for all Bidder activity in connection with accessing and using the e-Buy platform. Neither the Seller, Seller’s Agent, Auctioneer, or Operator warrant, guarantee or make any representation that:
- the Website, or the server that makes the Website available on the World Wide Web are completely secure, free of software viruses, disabling code or other harmful components; or
- the functions contained in any software or applications contained on or integrated with the Website will operate uninterrupted or are error-free.
- To the extent permitted by law, the Seller, Seller’s Agent, Auctioneer, and Operator exclude all liability for any loss or damage (including direct and consequential loss) arising from or in connection with:
- the Bidder’s use of the e-Buy platform;
- the Bidder’s reliance on any information provided on or through the Website;
- any delay or inability to use any part of the Website; and/or
- any failure to provide services or any information through the Website.
- The Operator is not responsible or liable:
- in the event that the Seller or Bidder fails to complete a transaction;
- for the completion of the sale;
- for the state and condition of any Property listed on the Website; and/or for verifying the Property listed on the Website.
- The Operator, Seller’s Agent, Auctioneer and their officers, directors and employees will not be held liable, in any circumstances, for any loss or damages which arise out of:
- any use, attempted use and/or any technical failure of the Website;
- acting, or failing to act, on any information contained on or referred to on the Website; and any errors or defects in the Website.
- The Qualified Bidder and the Seller release and hold harmless the Seller’s Agent, Auctioneer, and the Operator and their officers, directors and employees from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of:
- any use, attempted use and/or any technical failure of the Website;
- acting, or failing to act, on any information contained on or referred to on the Website; and
- any errors or defects in the Website. e-Buy Users will indemnify and keep indemnified the Seller’s Agent, Auctioneer, and the Operator and their officers, directors and employees from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of any breach of these e-Buy Terms and Conditions by the Bidder.
- Copyright and Intellectual Property
- Jalin Realty owns or is licensed to use all intellectual property (including copyright, trademarks and designs) subsisting in the content (including any graphics, images, logos, text, material, software) in the Website.
- The content in the Website must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way except as expressly authorised in writing by Jalin Realty.