Terms of Use
LAST UPDATED: 27 May 2020
1. We are Kingsley Advisory & Strategic Initiatives Sdn Bhd (1256734-T) (“KSI”) and we own and operate the following websites (collectively, “Site”):
(a) www.myhometown.com.my
(b) myhometown.my
(c) mykampung.com.my
2. Your use of the Site is subject to these Terms of Use (“Terms”). By accessing the Site or by otherwise accessing any content found on the Site, you are entering into an agreement with KSI and you agree to the Terms.
3. We may make changes to the Terms from time to time. Whenever the Terms are changed, we may notify you by e-mail or by publishing the revised terms on the website. If you use the Site after we have published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the Site contents may be subject to additional terms and conditions.
4. Your use of the Site following changes to the Terms will constitute your acceptance of those changes.
5. You are responsible for all access to the Site using your internet connection, even if the access is by another person.
6. We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of the Terms).
7. We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
8. The contents and design of the Site, and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “Content”), is copyright of KSI and its licensors.
9. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “MYHOMETOWN.COM.MY” name and logo or other trade names appearing on the Site) for any reason without written permission from us.
10. The software that operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
11. You may retrieve and display Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from us:-
(a) reproduce or store in or transmit to any third party including any other website, all or any part of the Content; or
(b) modify, adapt, translate, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including as part of any library, archive or similar service); or
(c) remove the copyright or trade mark notice from any copies of the Content made under the Terms.
12. Any use of Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the info@kasi.asia
13. We provide the Site on an “as is” basis and make no representation as to the quality, completeness and accuracy of any Content may available on the Site. To the fullest extent permissible by applicable law, we expressly exclude:-
(a) all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
(b) any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
14. In no event will any liability of KSI or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the use of the Site or in breach of these Terms by KSI exceed the amount, if any, paid by you to KSI for the use of the Site to which the claim relates.
15. Upon our request, you agree to defend, indemnify and hold harmless KSI, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of the Terms by you or your use of any Content.
16. Your use of the Site is conditional on your compliance with the rules of conduct set forth in the Terms and you agree that you will not:
(a) use the Site for any fraudulent or unlawful purpose;
(b) use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make
(d) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
(e) transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment.
17. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources, and any interaction which you may have with third parties will be at your own risk. Under no circumstances will we be liable for any kind of loss or damage resulting therefrom.
18. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. We are not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material.
19. We may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
20. We may collect and use information about you in accordance with our privacy policy.
21. If you have any complaints or objections to the Content, or if you believe that your copyright may have been infringed, please contact us immediately to provide substantiated reasons for your grievance.
22. We reserve the right but are not obligated to do any or all of the following: –
(a) investigate an allegation that any Content available on the Site infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
(b) investigate any Content that is allegedly obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity; and
(c) edit or remove any such Content as we may in our sole discretion determine to be inappropriate to remain on the Site.
23. Notwithstanding the existence of the Terms, we have no special relationship with and owes no legal duty whatsoever to you regarding the use of this Site and the Content.
24. This agreement is personal to you and your rights and obligations under the Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by KSI.
25. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
26. Notices to KSI must be given in writing, by letter, and sent to info@kasi.asia
27. If any provision of the Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.
28. The Terms are effective until terminated or updated, as the case may be. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us with respect to such termination. We shall not be liable for any termination of your access to the Site.
29. The Terms will be governed by and construed in accordance with the laws of Malaysia, and the courts of Kuala Lumpur, Malaysia will have exclusive jurisdiction over any claim or dispute arising under or in connection with the Terms.
