TERMS OF USE

THE NEXT SIX SDN. BHD. (Registration No.: 201901026157 (1335486-U)) a company incorporated in Malaysia (hereinafter referred to as “TNS”) owns and operates the real estate mobile application known as “The Next Six” (“Application”) bearing these Terms of Use (“Terms”). Any person accessing or using the Application is referred to as “you”.

PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY BEFPORE YOU PROCEED TO USE THE APPLICATION.

These Terms constitute a legally binding contract between TNS and you. If you do not wish to be bound by these Terms, please do not access or use any part of Application.

Any use of and continuous use and/or access to the Application, irrespective of whether or not you have registered with the Application, shall signify your unequivocal and unconditional consent and acceptance to these Terms.

  • ELIGIBILITY

    The Application is intended solely for use by persons who are of the age of 18 years or above. You fully understand that any access to and/or use of the Application by anyone below the age of 18 years is expressly prohibited.

  • GRANT OF LICENSE
    1. TNS grants you a non-exclusive, revocable license to use the Application upon these Terms provided that:-
      1. you will not copy, distribute or make any derivative works of the Application in any medium without TNS’s prior written consent;
      2. you will not alter or modify any part of the Application other than may be necessary with TNS’s prior written consent;
      3. you will fully observe, comply and act in accordance with these Terms and all applicable laws, rules and regulations.
    2. You hereby expressly and irrevocably represent, warrant and covenant with TNS that at all times, you:-
      1. have all consents, approvals and all permits whatever that are necessary or required to provide to TNS and the Application with the information, image, price and/or description of the properties;
      2. have the full right, power and authority to and perform all the obligations in these Terms, and that doing so does not and will not violate any agreement or obligation to which you are bound under any agreements, applicable laws, rules and/or regulations.
    3. By using any services in the Application, you hereby expressly and irrevocably agree, covenant and undertake to indemnify TNS from and against all claims, actions, losses, damages, costs and expenses suffered by TNS including costs on solicitors and clients basis arising from a breach of any of your representations and/or warranties and/or a breach of any of the Terms of herein set out.
  • COVENANTS ON USE OF APPLICATION

    In using and continuing to use the Application, you hereby irrevocably and unequivocally covenant, warrant, and undertake with TNS on the following:-

    1. You shall not use the Application for any purpose which is illegal, unlawful, immoral, unethical and/or prohibited by these Terms or by law which include but without limitation dissemination and/or publication of any information and/or statement which is defamatory and/or political in nature and/or seditious;
    2. You shall not upload, post, transmit or otherwise make available to the Application any content including but not limited to photograph and image that is hateful, threatening, abusive, harassing, violent, libellous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent or invasive of another’s privacy;
    3. You shall not store, copy or otherwise use any information contained on the Application except for the purpose of creating a listing or using any of the services in the Application;
    4. You shall not use the Application to transmit, distribute, post and/or submit any information concerning any other person or entity, including but without limitation photographs and/or personal contact information of others without their permission;
    5. You shall not use the Application in relation to distribution, uploading, publishing and/or posting of any unsolicited advertisement;
    6. You shall not register more than one (1) account for yourself nor for and on behalf of any other except for your own account;
    7. You shall not recruit and/or solicit any of the user of the Application to join and/or procure the service of any third party and/or other mobile application which provides services similar to those provided by TNS;
    8. You shall not hold TNS liable for any damages, losses, costs and/or expenses of whatsoever nature suffered or incurred by you and/or any third party as a direct and/or indirect result of the inaccuracy, incorrectness, incompleteness and/or error of the information and/or personal data provided by anyone whether forwarded by or obtained from the Application or as a consequence of any listing made on the Application or any service made and/or generated from or through the Application; and
    9. You represent, warrant and undertake that all the description, photograph and personal data which you have provided to TNS for the purpose of facilitating the opening of the account and using the Application whether as user or agent are accurate, correct in all material aspects and free from any intentional and/or unintentional omission, error, typo graphical mistake, inaccuracy, incorrectness, falseness or otherwise.
  • CONSENT TO DISCLOSURE OF PERSONAL DATA
    1. You hereby acknowledge, consent and agree that TNS may access, preserve and disclose any of the personal data that you make available to TNS when accessing or using or registering to use the Application, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against TNS; (b) to comply with legal process; (c) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (d) to protect the rights, property or personal safety of TNS, the users of the Application, or members of the public. You hereby undertake that you will not hold TNS liable and/or seek any legal and/or equitable remedy from TNS for any damages, expenses, costs and/or losses of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of any of access, preservation or disclosure of your personal data. If you do not agree to this provision, then TNS could not provide the Application for your use and you shall stop accessing the Application and immediately deactivate your account forthwith. Otherwise, you will be deemed to have expressly consented to this provision if you use or continue to use the Application and for so long as you are still a registered user of the Application.
    2. Some of the personal data will be gathered through the use of “cookies”. Should you wish to disable this cookies you may do so by changing the setting on your browser. Otherwise, you will be deemed to have expressly consented to the usage of “cookies” that TNS can collect, store or process any personal data through TNS’s use of “cookies”. You hereby undertake that you will not hold TNS liable and/or seek any legal and/or equitable remedy from TNS for any damages, expenses, costs and/or losses of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of any of collection, storage or process of your personal data through TNS’s use of “cookies”.
  • NO WARRANTY OR REPRESENTATION
    1. If there should be any misrepresentation, error, incorrectness, mistake and/or inaccuracy of the description and/or any information on the contents in the Application, TNS has the absolute right and discretion to rectify such inaccuracy, error, incorrectness and/or typo graphical mistake at any time.
    2. In using and continuing to use the Application, you hereby undertake and agree that you are using the Application and the services voluntarily at your own risk and shall not hold TNS liable and/or seek any legal and/or equitable remedy from TNS for any damages, expenses, costs and/or losses or damages of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of using the Application and the services provided.
  • LINKS AND ADVERTISEMENTS
    1. The Application may contain advertisements and/or links to any third party mobile application or websites. You acknowledge and agree that TNS is not responsible and shall not be held liable for the contents, products and/or services available from such mobile application, website and/or promoted by such third party mobile application or website.
    2. Such advertisements and/or links shall not be regarded by you at all times as an endorsement by TNS of the contents, products and/or services available from such mobile application, website and/or promoted by such advertisements.
    3. Accordingly, you further acknowledge and agree that you assume full responsibility for all risk arising from the use of any of the contents, products and/or services available from such mobile application, website and/or promoted by such advertisement.
  • INTELLECTUAL PROPERTY RIGHTS
    1. All trademarks, service marks, logos, trade names and other proprietary designs used herein are registered trademarks of TNS.
    2. The Application contains copyright material, trade names and other proprietary information, including but not limited to text, software, graphics and any other material available on or through the Application. The entire contents of the Application are protected by copyright and intellectual property laws of Malaysia or any other country in which such copyright and intellectual property is registered. You are strictly prohibited to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the contents, in whole or in part.
    3. Copyright of the Application and all contents are owned by TNS and all rights are reserved. Application and the contents therein are protected under copyright.
  • SUSPENSION AND/OR TERMINATION OF USER’S ACCOUNT

    You agree that TNS may, in TNS’s absolute discretion and without any liability whatsoever to you, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate and/or cancel your account with TNS if TNS is of the opinion that the use of the same by you will compromise the integrity of TNS or the Application.

  • LIMITATION OF LIABILITY & DISCLAIMER
    1. You agree and acknowledge that TNS shall not be liable for any injury, loss, claim, damage, cost and expense , which arises out of or is in any way connected with (i) any use of the Application; (ii) any failure or delay including but not limited to the use or inability to use any component of the Application; or (iii) the performance or non-performance by TNS even if TNS has been advised of the possibility of damages to such parties or any other party or that such loss or such damages are reasonably foreseeable.
    2. You further agree and confirm neither TNS nor any of TNS’s directors and/or employees shall be liable to you and/or any third party for any losses, damages, costs and/or expenses arising out or in connection with the use of any of the information, services and/or material provided through the Application.
  • INDEMNITY

    In using and continuing to use the Application, you hereby exclude TNS from all liabilities and responsibilities and further agree and undertake to indemnify TNS from and against any and all liabilities, claims, losses, costs, expenses or damages howsoever arising out of or in connection with or otherwise attributable to any breach by you and/or any third party who use or misuse the Application whether personally by using your log in username and password or allowing or consenting to the usage of the Application by any other using your log in username and password. Notwithstanding, you may also be liable to TNS for all losses and damages suffered or claims made against TNS due to such unauthorised use.

  • CHANGES TO APPLICATION OR TERMS AND CONDITIONS
    1. TNS reserves the right, at its absolute discretion to change, suspend or discontinue any aspect of the Application at any time and may also impose limits on certain features or services or content or restrict your access to parts of the Application without any notice or liability.
    2. TNS also reserves the right to modify, vary and/or amend any and/or all of these Terms without your consent, at any time without prior notice to you and without any liability to you and/or and third party.
    3. Subject to the above provision, by using or continue to use the Application after any modification on the Application including the Terms, you are indicating that you agree to be bound by the modified Terms. You shall cease to use the Application immediately if the modified Terms are not acceptable by you.
  • SEVERABILITY

    In the event that any one or more of the provisions contained in these Terms shall for any reason be held to be unenforceable illegal or otherwise invalid in any respect under the laws governing these Terms or its performance, such unenforceability illegality or invalidity shall not affect any other provisions of these Terms shall then be construed as if such unenforceable illegal or invalid provisions had never been contained herein.

  • GOVERNING LAW

    All the Terms herein shall be construed in all respects in accordance with the laws of Malaysia and the Malaysian Courts shall have exclusive jurisdiction over all matters arising therefrom.