TERMS & CONDITIONS


The Terms and Conditions set out herein below govern the use of services at my.robinhomez.com website, all the related sub-sites and mobile applications (Android / iOS app) (“the Site”). The Terms and Conditions will explain the User’s rights and liabilities under the law.

By using the services at the Site, the User is deemed to have concurred to the terms and conditions, as well as any other applicable policies or rules.

Robinhomez reserve the right to amend the terms and conditions from time to time and the User will be notified of any amendments via email or announcement. The User is deemed to have concurred to the amended Terms and Conditions by continue to use any service at the Site following the date on which the amended Terms and Conditions are posted here. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or any service.

ACCOUNT

For certain services offered at the Site, you would need to create an account and when you create an Account, you represent and warrant that:

  • If you are an individual, you should be of at least 18 years of age.
  • If you are a person who is using the services at the Site on behalf of corporate entity (company and/or business entity), you represent that you have the authority to bind the corporate entity to the Terms and Conditions set out in the Agreement.
  • You are capable of entering into and performing legally binding contracts under applicable law.
  • All information which you have provided is accurate, up to date, truthful and complete.
  • If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities, acts or lapses.

You are personally responsible for all activities and transactions under your Account prevent your account being misappropriated or used by a third party. You, therefore concur to:

  • Keep your account information up to date at all times.
  • Keep your password secure by following good practices.

Comply with all the other applicable policy, rules and all applicable laws with respect to your activities and the content that you upload to the Site.

You shall not set up multiple accounts, lend, transfer or sell your account to another party and use another user’s Account without their permission.

OBLIGATIONS OF USER

The User shall not:

  • Violate any applicable laws, rules or regulations in connection with your use of any of the services at the Site and circumvent any sanctions or embargo.
  • Violate or infringe another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
  • Collect, use and/or disclose any information in respect of other Users without their consent.
  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Site.
  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
  • Use any of the services at the Site for any purpose for which it is not designed or intended.
  • Use any of the services at the Site to directly or indirectly promote other product which is competitive with or in any way a substitute for any of the services offered by Robinhomez.
  • Use any of the services at the Site communicate contents that are offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
  • Use any of the services at the Site to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters to other users.
  • Use any of the services at the Site to transmit any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
  • Use any scraper, robot, bot, spider, crawler or any other means to access, acquire, copy or monitor any portion of the Site, or any data or content found or access through the use of any services at the Site.
  • Attempt to abuse or inappropriately manipulates any promotion, campaign and/or discount codes offered through the services at the Site, e.g., creating fake or duplicate accounts.
  • Authorise or encourage anyone to perform any of the above mentioned.
  • Use the any services or any Content at the Site for any unlawful purpose, to breach any applicable laws and regulations, including without limitation, copyright law.
  • hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or any of the services, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming

If you are found or suspected to be in breach of these Terms and Conditions, our guidelines, any additional policies and rules, Robinhomez reserves the right to withdraw any cashbacks, prizes and/or amount paid to you under any event, promotion, offers, campaign and any other activities, terminate or suspend your account, and/or legal actions.

SYSTEM COMPATIBILITY

Robinhomez does not warrant full compatibility of your device with the services provided at the Site. Therefore, you acknowledge that your device may experience diminished performance, permanent damage, loss of data located on your device, and corruption of the software and files located on your device for compatibility and interoperability problems. You acknowledge and concur that Carousell and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

INTELLECTUAL PROPERTY
All content including but not limited to the organization, compilations, layouts, texts, documents, databases, graphics, designs, photographs, pictures, drawings, videos, sound recordings and other materials on the Site (“Content”) are works protected under the Malaysian Copyright Act 1987.

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 concurs that he/she will not infringe the Company’s copyright by any method or manner now known or as may exist in the future.

Without prejudice to the above, the User concurs not to reproduce, display or otherwise provide access to the services or Content at the Site on another website or server, e.g., framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Robinhomez.

The User hereby concurs to assign absolutely to the Company 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. All photographs used in any listings and advertisements and posted on the Site may be endorsed with the Robinhomez’s watermark which shall not at any time be removed, altered or tampered with.

The domain name on which the Site is hosted on is the sole property of Robinhomez and you shall not use or otherwise adopt a similar name for your own use.

Robinhomez will not hesitate to take action including legal proceedings against any person for such infringement.

CONTENT

The User is allow to create listings and share content, such as videos, photos, comments, descriptions of item, links, or any other information on the Site and the User retain the ownership rights in the content. However, the User concurs to grant Robinhomez the rights to host, store, use, display, reproduce, modify, edit, publish and distribute such content (govern by the Robinhomez Privacy Policy) for the purpose of operations, developing, promoting and improving the services at the Site and for our research and development of new products and services.

You understand and acknowledge that Robinhomez does not review the content uploaded by you and its your responsibility to ensure that:

  • The item is not stolen.
  • The item/Content of the listing does not infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
  • The sale of the item complies with all laws and regulations which apply to that item.
  • The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
  • All selection criteria stated in the listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a specific attribute.

Robinhomez has no control over the content provided by the User, nor directly involved in the transactions between the Users, hence Robinhomez is not responsible or liable for, any of the following:

  • The quality, safety, morality or legality of any aspect of the items listed.
  • The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
  • The true identity, age, nationality, or comments of a user.

The User is encouraged to use the features and functions available on the Site to communicate with other users and/or to find out more about a listing which the user has put up. However, please exercise good judgment in the interactions with other users. While Robinhomez endeavours to keep all the services at the Site safe for everyone, your use of any of the services at the Site and your interactions with other users is entirely at your own risk.

Robinhomez shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Site, without the liability or the obligation to offer a refund, in any of the following events:

  • f the Content is in breach of these Terms.
  • If Carousell has received a complaint or notice of infringement in respect of the Content.
  • If the Content is otherwise objectionable.

Robinhomez may block Content and the delivery of a communication (including, without limitation to feedback, postings, messages and/or chats) to/from any of the services at the Site as part of the efforts to protect the services or users, or to otherwise enforce these Terms and conditions.

You acknowledge and concur that Robinhomez has no control over any website other than the Robinhomez website and shall not be responsible or held liable for any expired listing which appears on any website other than the Robinhomez website or any expired listing which is retrieved by any search engine.

BUMPS AND FEATURED

You may purchase bumps (“Bumps”) and/or feature (“Featured”) for increased visibility for your listings in accordance with Robinhomez’s prevailing listing and priority rules and charges,

You acknowledge and concur that:

  • Your Bumped and Featured listings may rise and fall in priority in relation to other users’ listings in accordance with Robinhomez’s prevailing listing rules, formulae and algorithms. Each Bump and Featured is an instant effect and all fees and/or charges paid by you to us for any Bump and Featured are non-refundable; and
  • Robinhomez does not warrant that Bump and/or Featured of any listing will lead to a like, offer, chat and by extension, sale.

DISPUTE WITH USERS

If you are in dispute with another user of our services at the Site, you are encouraged to contact that user to resolve the situation amicably. While Robinhomez has no obligation to resolve the dispute, however, Robinhomez will attempt in good faith to facilitate resolution of the dispute once Robinhomez is notified of the dispute. You release Robinhomez, its parent company, 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 arising out of your disputes with users of our services at the Site.

PRIVACY
Robinhomez collects information about its Users during the use of services at the Site, e.g., Users are required to create an account with password before posting their listings and/or advertisements on the Site, edit a listing or advertisement posted on the Site.

The Site automatically collect all User activities when the User is having activities at the Site, and Robinhomez uses the User Information to help diagnose problems with its servers and to administer the Site. When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.

Please refer to our Privacy Policy for more information about the collection, use or disclosure of your information.

COOKIES
The Company uses cookies so that the User can have better experience at the Site such as the User does not have to enter his or her login information each time they visit the Site.

The User must enable cookies on the computer in order for all functionality on this site to work as intended.

A cookie is a small data file that is written to your hard drive when you visit certain websites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. However, a cookie cannot read data from your hard disk or read cookie files created by other sites, and cannot be used to identify any user.

Cookies allow the User to have more sophisticated interactive activities and only information provided voluntarily is stored.

SUB-CONTRACTING

Robinhomez reserves the right to sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the services as Robinhomez deems appropriate.

NO WARRANTY
Robinhomez does not guarantee continuous, uninterrupted or secure access to any of the services at the Site, meet your expectations, errors will be corrected or all the services at the Site are free from any harmful components, e.g., virus, trojan. The operation of the Site may be disrupted due to numerous factors which are beyond Robinhomez’s control and Robinhomez 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 Company 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 that Robinhomez is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the services at the Site, and the Company hereby expressly disclaims all liabilities and responsibilities arising in relation to any products, services, events, campaign or other activities whether available or advertised via the Site through the services at the Site.

The User concurs that the participation and reliance on the statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties which are displayed on this Site are at the User’s own risk, and Robinhomez shall not be responsible for any loss, damage or liability that may incur by the User arising from such use or reliance.

The User acknowledges and concurs that the User’s only right with respect to any problems or dissatisfaction with the services provided is to request for termination of your account and/or discontinue any use of the services at the Site.

LINKS TO THIRD PARTY WEBSITES
The Site may contain links and/or references to other websites (‘Third Party Websites’).
Robinhomez shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.

Robinhomez does not investigate, monitor and check for accuracy or completeness of the Third Party Websites and Robinhomez does not approve or endorse the Inclusion of and/or reference to any links or internet addresses on the Site.
The User is taking his/her own risk in the event he/she decides to leave the Site and access Third Party Sites.

SUSPENSION AND TERMINATION OF ACCOUNT

The User may deactivate/terminate his/her account at any time through login into his/her account.

Robinhomez reserves the right to suspend/terminate/deactivate the User’s account and/or the access to the services at the Site, at its sole discretion, and without liability:

  • For any breach of these Terms and Conditions, policy and rules.
  • For any reason, and without advance notice.

Robinhomez reserves the right to change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at the Site at any time, for any reason, and without advance notice.

The User acknowledges and concurs that if the User deactivate the his/her account or if we suspend or terminate his/her Account, he/she will lose any information associated with his/her account, including Content.

Upon termination, all rights granted to the User in these Terms and Conditions will immediately cease.

EXCLUSION OF LIABILITES
Robinhomez, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, shall not be liable under any circumstances for:

  • 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);
  • any loss of goodwill or reputation;
  • any special, indirect or consequential damage arising out of or in connection with the terms and conditions, 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;
  • any liability at common law; or
  • in any other way.

Subject to the limitation stated above, nothing in this terms and conditions shall be deemed to limit or exclude the Robinhomez’s liability for fraudulent misrepresentation, or for death or personal injury resulting from Robinhomez’s negligence or the negligence of the Robinhomez’s servants, agents or employees. However, Robinhomez 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 or any other third party.

INDEMNITY
The User concurs to indemnify, hold harmless Robinhomez, its parent company, 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), incurred or paid by Robinhomez directly or indirectly, due to or arising out of the User’s breach of this Agreement or arising out of the User’s violation of any law or the rights of another person or entity.

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.

 

GENERAL PROVISIONS
Any person who is not a party in the terms and conditions does not have any right to enforce any of the terms and conditions contained herein.

If any provision of the terms and conditions is held to be invalid or unenforceable, such provision shall be modified to reflect the intention and the remaining provisions shall be enforced.

The User agrees that terms and conditions and all incorporated policies and rules may be automatically assigned by Robinhomez, in its sole discretion, to a third party in the event of a merger or acquisition.

The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the terms and conditions.

Headings and captions of terms and conditions are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in the terms and conditions.

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.

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