DEFINITIONS

The website of "http://www.residencemalaysia.com" (hereinafter referred to as "this Website") is owned and operated by Residence Worldwide (MM2H) Sdn Bhd (hereinafter referred to as "Residence Worldwide"), an authorised company licensed by the Malaysian Government to offer the services of "Malaysia My Second Home" (hereinafter referred to as "MM2H") programme. This Website is mainly set up for providing comprehensive information, services and contents for those foreigners interested in this MM2H programme.

GENERAL

Visitors are always welcomed to this Website. Please read these legal Terms of Service carefully. These Terms of Service set out the legally binding terms with respect to your use of and our provision of this Website and our MM2H services. However, by using and accessing this Website and all its linked pages, you consent, agree to comply and to be bound by these Terms of Service, any other guidelines, rules, provisions and additional terms referenced herein. If you do not agree to these Terms of Service, please do not use or access this Website and exit from this Website immediately.

Residence Worldwide reserves the right to change or discontinue any feature of this Website at any time, including but not limited to content, hours of availability and equipment required for use or access.

1. ELIGIBILITY

You must be 18 or over, or the legal age to use or access this Website and our MM2H services. In the event you are under the age of 18 or the applicable legal age in your jurisdiction, you can use this Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use or access this Website.

2. MODIFICATION OF TERMS OF SERVICE

Residence Worldwide reserves the right to change, amend or modify the Terms of Service governing the use and access of this Website at any time, without prior notice, including imposing new conditions and adding charges for use, and such modifications will be effective upon Residence Worldwide's posting of the new terms and/or upon implementation of the new changes on this Website.

Please check and review the Terms of Service periodically for changes or modifications. Your continued use of or access to this Website following the posting of any changes to the Terms of Service constitutes acceptance of those changed or modified Terms of Service.

3. RULES OF CONDUCT / USE OF THIS WEBSITE

You shall use this Website for lawful purposes only. You shall not use this Website in any manner that could damage, disable, overburden or impair this Website or interfere with others' application and enjoyment of this Website.


By using this Website you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Residence Worldwide be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content in this Website. You are agreeable to evaluate and bear all risks associated with the use of any content, including any reliance on the content, integrity, and accuracy of such content.

This Website contains copyrighted materials, other proprietary information including but not limited to HTML code, text, software, photos, video, graphics, music and sound and contents are copyrighted as a collective works under the Malaysian copyright laws. You agree that you will not transfer or sell any information, programme, software, text, HTML code, photos, graphics, video, logos, music and sound, audio and visual files, users name lists, databases or other lists, products or services provided through or obtained from this Website without express written permission from ResidenceWorldwide.

You are strictly prohibited to modify, copy, distribute, display, publish, transmit, reproduce, upload, download, post, transfer or sale, create derivative works, any of the contents in this Website. You also agree not to engage in the practices or activities with the purpose of obtaining users name lists or other confidential information.

Residence Worldwide reserves the right to edit, copy, publish and distribute any material made available on this Website. Any conduct by you that in Residence Worldwide's discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted. You shall not use this Website to advertise or perform any commercial solicitation, including but not limited to the solicitation of users to become members of other on-line information services competitive with Residence Worldwide.

The foregoing provisions of this section are for the benefit of Residence Worldwide, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.

4. RESTRICTIONS ON RIGHTS TO USE

You shall not and you agree not to allow any third party to:-

• modify, adapt, translate, or reverse engineer any portion of this Website.

• remove any copyright, trademark or other proprietary rights notices contained in or on this Website.

• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Website.

• collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other users.

• reformat or frame any portion of the web pages that are part of this Website.

• create user accounts by automated means or under false or fraudulent pretenses.

• create or transmit unwanted electronic communications such as "spam" to other users of this Website or otherwise interfere with other user's enjoyment of this Website.

• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.

• use of this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene.

• copy or store any content offered on this Website for other than your own use.

• use this Website, intentionally or unintentionally, to violate any applicable local, state, national or international law.

5. COPYRIGHT INFRINGEMENT POLICY

The following general policies have been adopted by Residence Worldwide pertaining to matters arising from copyright infringement pursuant to the Copyright @ 2007.

• It is the policy of ResidenceWorldwide

(i) to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, associates, third party content providers and users; and

(ii) to remove and discontinue service to repeated offenders.

• Procedure for Reporting Copyright Infringements

If you believe that material or content residing on or accessible through this Website infringes a copyright, please send a notice of copyright infringement containing the following details to us:-

(i) Identification of materials or contents being infringed;

(ii) The location of the infringing materials or contents that the copyright owner seeks to have removed, with adequate details so that ResidenceWorldwide is capable of finding and verifying the infringement;

(iii) Contact information of the copyright owner and/or notifier;

(iv) A statutory declaration from the notifier to be enclosed that the information provided is accurate and the notifier is acting on behalf of the copyright owner.

• Receipt of Infringement Notification

Upon the receipt of a bona fide infringement notification at our registered or business office, Residence Worldwide will, at its discretion, carry out the following measures:-

(i) to remove or disable access to the infringing material or content;

(ii) to notify the content provider that ResidenceWorldwide has removed or disabled access to the material or content;

(iii) that the repeated offenders will have the their services terminated by Residence Worldwide.

• Procedure to serve a Counter-Infringement Notice

If the content provider believes that the material or content that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post such material or content from the copyright owner, the content provider may send a Counter-Infringement Notice to Residence Worldwide.

• Replacement of Removed Material or Content

When a Counter-Infringement Notice is received at our registered or business office, Residence Worldwide may send a duplicate copy to the original complaining party informing that Residence Worldwide may replace the removed material or content or cease disabling it in 14 business days. At the discretion of Residence Worldwide, the removed material or content may be replaced or access to it is restored unless the copyright owner files a court action against the content provider.

6. THIRD PARTIES TRANSACTIONS

In the event you enter into business dealings or commercial transactions with third parties in relation to your application of this Website, such dealings or transactions are solely between you and the applicable third pary. Residence Worldwide shall have no liability, obligation or legal responsibility for any such dealings or transactions and you hereby release or discharge Residence Worldwide from all claims, demands, requests or petitions from the aforesaid dealings or transactions.

7. PRIVACY STATEMENT

The application of this Website is governed by our Privacy Statement, a copy of which can be obtained in the Website.

8. TERMINATION

These Terms of Service will remain in full force and effect while you continue to use this Website. Residence Worldwide reserves the right, in its sole discretion, to immediately terminate the access to all or part of this Website, with or without notice. Residence Worldwide reserves the right to survive termination and provisions of any Section of the Terms at the sole discretion of Residence Worldwide.

9. OWNERSHIP

This Website and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Residence Worldwide or its licensors. You agree not to modify, reproduce, distribute, create derivative works of, display or exploit, any of the material or content, software available on this Website in whole or in part unless prior consent is obtained from Residence Worldwide.

10. DISCLAIMER OF WARRANTY

By using this Website, you expressly agree that the use of this Website is at your own discretion and risk. All information provided on this Website is on an "As Is" and "As Available" basis without warranty of any kind, express, statutory or implied as to the operation of this Website. Residence Worldwide, its parents, related companies, subsidiaries, affiliates and associates, any of their employees, officers, directors, agents, third party content providers do not warrant that the use of this Website will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness, usefulness or reliability of any opinion, advice, statement, content, material, information, text, graphics, service provided through this Website.

It is your responsibility to evaluate the accuracy, completeness, usefulness or reliability of any information, opinion, advice or other content available on or through this Website. You are also responsible for taking all precautions against viruses, any destructive programmes or code on any content you may obtain from this Website. Any material or content downloaded or otherwise obtained through the use of this Website is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or content.

RESIDENCE WORLDWIDE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, CONTENT, MATERIAL, INFORMATION, TEXT, GRAPHICS, SERVICE PROVIDED THROUGH THIS WEBSITE BY ANYONE OTHER THAN AUTHORISED RESIDENCE WORLDWIDE EMPLOYEE WHILE ACTING IN THEIR OFFICIAL CAPACITIES.

RESIDENCE WORLDWIDE, ITS PARENTS, RELATED COMPANIES, SUBSIDIARIES, AFFILIATES AND ASSOCIATES SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER RESIDENCE WORLDWIDE NOR ITS PARENTS, RELATED COMPANIES, SUBSIDIARIES, AFFILIATES OR ASSOCIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. FURTHER, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM RESIDENCE WORLDWIDE OR THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

11. LIMITATION ON LIABILITY

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RESIDENCE WORLDWIDE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL RESIDENCE WORLDWIDE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING RESIDENCE WORLDWIDE'S SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENTS ON THIS WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER RESIDENCE WORLDWIDE NOR ITS PARENTS, RELATED COMPANIES, SUBSIDIARIES, AFFILIATES OR ASSOCIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

12. OBSERVATION AND SCRUTINY

Residence Worldwide reserves the right, in its sole discretion, to edit, amend, refuse to post or remove any content or material submitted to or posted on this Website where it is found to be in violation of the provisions hereof. Residence Worldwide reserves the right, but not the obligation, to observe, monitor and scrutinise the content or material of this Website to comply with this Terms of Service and to satisfy any law and regulation.

13. INDEMNITY

Upon request by Residence Worldwide, you agree to defend, indemnify and hold harmless Residence Worldwide, its parents, related companies, subsidiaries, affiliates and other associates, and their employees, officers, directors, agents from all liabilities, claims, expenses, costs and attorney's fees that arise from your use or misuse of this Website. Residence Worldwide reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indeminification by you, in which event you will cooperate with Residence Worldwide in asserting any available defense.

14. TRADEMARKS

All rights reserved. All other trademarks appearing on this Website are the property of their respective owners. The following trademarks are owned by Residence Worldwide (MM2H) Sdn Bhd and/or its parents, related companies, subsidiaries, affiliates and associates. Any unauthorised use of these trademarks may be a violation of federal law.

15. CONTENT FROM THIRD PARTIES

All materials, contents or information posted on this Website is proprietary to Residence Worldwide and is protected under Malaysian copyright laws. The materials, contents or information are licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such materials, contents or information, in whole or in part to any third party; and you will not make such Residence Worldwide materials, contents or information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC used to access these materials, contents or information.

16. VIOLATIONS OF TERMS OF SERVICE

Residence Worldwide reserves the rights to seek all remedies provided by or available at laws and in equity for any violation of the Terms of Service as tabulated in this Website, including the prerogative to block access to this Website.


17. INTERNATIONAL USE

This Website is owned and operated by Residence Worldwide (MM2H) Sdn Bhd from its office within Malaysia. Residence Worldwide hereby makes no representation that the contents, materials or information on this Website are suitable or available for use in other locations outside Malaysia, and Residence Worldwide prohibits access to this Website from territories where the contents, materials or information of this Website may be illegal. In the event you choose to access this Website from other locations, you are doing it on your own initiative and are responsible to comply with local laws and regulations, if applicable.

18. GOVERNING LAW AND JURISDICTION

You agree that these Terms of Service and any claims relating to the information or contents available on this Website shall be governed by and construed in accordance with the Malaysian laws, excluding its conflict of law rules. YOU FURTHER EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR ACTION ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THIS WEBSITE SHALL ONLY BE FILED IN THE STATE OR FEDERAL COURTS LOCATED IN MALAYSIA. AND YOU FURTHER AGREE AND SUBMIT TO THE EXERCISE OF PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF LITIGATING ANY SUCH CLAIM OR ACTION.

19. COPYRIGHTS

Residence Worldwide, its parents, related companies, subsidiaries, affiliates and its associates respect the intellectual property of others, and our content providers or partners and those posting to this Website are requested to do likewise.

20. PERMISSION TO USE COPYRIGHTED MATERIALS

This Website contains documents, product information, help files or programmes, HTML code, software, video, text, articles, photos, graphics, icons, logos, music, sound, audio and visual files other proprietary information and other copyrighted materials owned by Residence Worldwide or our content providers. You are allowed to view, copy, download and print out only those copyrighted materials or contents that Residence Worldwide owns for personal, non-commercial and information purposes and use. Any copyrighted materials or contents may not be posted, distributed, modified, reproduced and copied without our express written permission. The reproduction, copying or redistribution of any copyrighted materials or contents on this Website for commercial purposes is strictly prohibited without our express written permission.

As for those copyrighted materials or contents owned by our content providers, you must contact the copyright owner for permission to use those third party materials or contents.



21. LINKED INTERNET SITES

THE LINKS IN THIS WEBSITE WILL ALLOW THE USERS TO EXIT FROM "RESIDENCEMALAYSIA.COM". THE LINKED INTERNET SITES, AS PROVIDED BY THIS WEBSITE, ARE NOT UNDER THE CONTROL OF RESIDENCE WORLDWIDE. AS SUCH, RESIDENCE WORLDWIDE IS NOT RESPONSIBLE FOR THE MATERIALS, CONTENTS OR INFORMATION AVAILABLE ON ANY OF THESE LINKED INTERNET SITES. RESIDENCE WORLDWIDE IS JUST PROVIDING THESE LINKAGES TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND SUCH ACCESS TO THESE LINKED INTERNET SITES SHALL BE AT THE USERS' OWN RISK. BY VIRTUE OF THE INCLUSION OF SUCH LINKS DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY RESIDENCE WORLDWIDE OF SUCH LINKED INTERNET SITES.

22. MISCELLANEOUS

The Terms of Service and any operating rules for this Website established by Residence Worldwide constitute the entire Terms of the parties with respect to the subject matter hereof, and supersede all previous written or oral Terms (if any) between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section heading used herein are for convenience only and shall not be given any legal impact.