TERMS & CONDITIONS

1. INTRODUCTION

The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.

2. INFORMATION ON THE WEBSITE

Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.

3. TRADE MARKS

The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.

4. EXTERNAL LINKS

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.

5. PUBLIC FORUMS AND USER SUBMISSIONS

The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;

5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;

5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. SPECIFIC USE

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.

7. WARRANTIES

The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

8. DISCLAIMER OF LIABILITY

The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

9. USE OF THE WEBSITE

The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Malaysia). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.

10. GENERAL

10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

10.2 Alteration
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

10.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

10.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

10.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically are severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Malaysia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Malaysia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.

PRIVACY POLICY

Your Personal Data is important to us. We are in the process of undertaking a review of our personal data protection practices. Please therefore note that this Privacy Policy is a temporary policy which may be subject to amendment following the completion of our personal data protection compliance exercise, which is estimated to end in April 2014.

1. INTRODUCTION

1.1 This is the privacy policy (“Privacy Policy”) of LBS Bina Group Bhd and its affiliates (including but not limited to its subsidiaries, related, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia) (“LBS Group”).

1.2 This Privacy Policy applies to personal information about individuals held by the LBS Group. The LBS Group will only process your Personal Data in accordance with the Personal Data Protection Act 2010, the applicable regulations, guidelines, orders made under the PDPA and any statutory amendments or re-enactments made of the PDPA from time to time (collectively referred to as the “PDPA”) as well as this Privacy Policy.

1.3 The LBS Group reserves the right, at its sole discretion, to modify, update and/or amend this Privacy Policy from time to time with reasonable prior notice to you. The LBS Group will notify you of any amendments via announcements on the LBS Group’s website (“Site”) or other appropriate means as determined by the LBS Group. Please therefore remember to check this Site from time to time to see if there are amendments to this Privacy Policy. Any amendments to this Privacy Policy will be effective upon notice to you. By continuing to use the services and/or access to the Site after being notified of any amendments to this Privacy Policy, you will be treated as having agreed to and accepted those amendments.

1.4 You may obtain a copy of this Privacy Policy on http://www.lbs.com.my/ or by contacting the LBS Group at the contact details below.

1.5 If you do not agree to this Privacy Policy or any amendments to this Privacy Policy, LBS Group may not be able to render all services to you and you may be required to terminate your relevant agreement with the LBS Group and/or stop accessing or using the Site.

2. COLLECTION OF PERSONAL DATA

2.1 The term “Personal Data” means any information in the possession of the LBS Group or control of the LBS Group that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in the possession of the LBS Group such as name, address, telephone number, NRIC, email address, etc. The LBS Group may “process” your Personal Data by way of collecting, recording, holding, storing, using or disclosing it.

2.2 Your Personal Data may be collected from you during your course of dealings with the LBS Group in any way or manner including pursuant to any transactions and/or communications made from/with the LBS Group. The LBS Group may also collect your Personal Data from a variety of sources, including without limitation, at any events, seminars, road shows, customer satisfaction surveys organised or sponsored by the LBS Group and/or from the cookies used on the Site.

2.3 In addition, the LBS Group may also receive, store and process your Personal Data which are provided or made available by any third parties, credit reference bodies, regulatory and law enforcement authorities, for reasons including delivery of the LBS Group’s products and/or services, performance of conditions of agreements and/or to comply with the LBS Group’s legal and regulatory obligations.

3. PURPOSE OF ACQUIRING AND PROCESSING YOUR PERSONAL DATA

Your Personal Data may be processed for the following purposes:

(a) to communicate with you;

(b) to provide products and/or services to you;

(d) to process your purchase and/or contest entry;

(e) to provide you with information and/or updates on the present and future property developments, other products, services and/or promotions offered by the LBS Group and selected third parties which may be of interest to you from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;

(f) to send you seasonal greetings messages from time to time;

(g) to send you invitation to join the LBS Group’s membership, events and promotions and property launch events;

(h) to monitor, review and improve the LBS Group’s membership, events and promotions, products and/or services;

(i) to provide you with post vacant possession services, such as club house services, security and customer loyalty programmes;

(j) to process and analyse your Personal Data either individually or collectively with other individuals;

(k) to conduct market research or surveys, client profiling activities, planning and statistical analysis within the LBS Group in relation to the LBS Group’s present and future property developments, other products and/or services;

(l) to share any of your Personal Data with the auditor for the LBS Group’s internal audit purposes;

(m) to share any of your Personal Data with a third party for purposes of assisting you pursuant to your financial application, where necessary;

(n) to share any of your Personal Data pursuant to any agreement or document which you have duly entered with the LBS Group for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;

(o) to share any of your Personal Data with a third party necessary for the preparation of legal documents or contract to be entered by you with the LBS Group;

(p) to share any of your Personal Data with a third party necessary for the purpose of applying and obtaining insurance policy(ies), where necessary;

(q) to maintain and improve customer relationship;

(r) to maintain and update internal record keeping;

(s) for registration for a user account with the LBS Group;

(t) for internal administrative purposes;

(u) for audit and risk management purposes;

(v) for detecting, investigating and preventing fraudulent, prohibited or illegal activities;

(w) for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;

(x) for enabling the LBS Group to perform its obligations under the agreement or document which you have duly entered into with the LBS Group including but not limited to attending to the registration with the relevant authorities on your behalf, delivery of vacant possession, defect rectification works and perfecting the transfer of the separate individual/strata title in your favour;

(y) for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to the LBS Group;

(z) to enforce or defend the LBS Group’s rights and your rights under, and to comply with, the LBS Group obligations under the applicable laws, legislation and regulations; and/or

(aa) for other purposes required to operate and maintain the LBS Group’s business,

(collectively referred to as the “Purposes”), and you agree and consent to the LBS Group using and processing your Personal Data for the Purposes in the manner as identified in this Privacy Policy. If you do not consent to the LBS Group processing your Personal Data for one or more of the Purposes, please notify the LBS Group at the contact details below.

4. CONSEQUENCES OF NOT CONSENTING TO THIS PRIVACY POLICY

It is obligatory for the LBS Group to collect and to retain your Personal Data unless stated otherwise. If you do not supply the LBS Group with your Personal Data, or do not consent to the above or this Privacy Policy, the LBS Group will not be able to:

(a) to process your purchase of any of the LBS Group’s products and/or services;

(b) communicate with you;

(d) accept and process your entry to any contest;

(e) update you on the LBS Group’s latest products, services and/or promotions; and/or

(f) allow you to access certain sections of the Site where log in is required,

and you may be required to terminate your agreement or discontinue your business relationship with the LBS Group.

5. DISCLOSURE OF YOUR PERSONAL DATA

The LBS Group will not disclose any of your Personal Data to any third party without your consent except to the following third parties, for one or more of the above Purposes:

(a) companies within the LBS Group and their respective employees;

(b) your immediate family members and/or emergency contact person as may be notified to the LBS Group from time to time;

(d) any party who is involved in connection with corporate exercises, such as a potential or actual sale/disposal of any business or interest of any companies within the LBS Group, merger, consolidation, re-organisation or funding exercise relating to any companies within the LBS Group, or asset sale, or in the event of winding-up of any companies within the LBS Group;

(e) the LBS Group’s business partners and affiliates that provide related products and/or services in connection with the LBS Group’s business for joint promotions and/or contests;

(f) any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which the LBS Group has engaged to discharge the LBS Group’s obligations to you;

(g) any party in relation to legal proceedings or prospective legal proceedings;

(h) the LBS Group auditors, consultants, lawyers or other financial or professional advisers on a need to know basis for the purpose of those advisers providing advice to the LBS Group;

(i) any party nominated or appointed by the LBS Group either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where the LBS Group has a legitimate common interest;

(j) data centres and/or servers located within or outside Malaysia for data storage purposes;

(k) payment channels including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to the LBS Group in connection with your purchase of the LBS Group’s products and/or services;

(l) government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;

(m) any provider of public utility or related services, whether or not government owned and/or any corporations approved and established for the provision of utility services and facilities, which includes without limitation to Tenaga Nasional Berhad, Syarikat Bekalan Air Selangor Berhad, Syarikat Telekom Malaysia Berhad and Indah Water Konsortium Sdn. Bhd.;

(n) the LBS Group’s contractors or sub-contractors as may be necessary for discharging the LBS Group’s duties and obligations under any document or agreement duly entered by you with the LBS Group;

(o) the LBS Group’s appointed product and/or service providers, suppliers or agents, to discharge or perform one or more of the above Purposes;

(p) any persons, authorities or regulators to whom the LBS Group is permitted or required to disclose to under the applicable laws; and/or

(q) the general public when you become a winner in a contest by publishing your name, photographs and other Personal Data without compensation for advertising and publicity purposes.

6. ACCURACY OF YOUR PERSONAL DATA

The LBS Group aims to keep all Personal Data as accurate, complete, up-to-date and reliable as possible. Therefore, the accuracy of your Personal Data depends to a large extent on the information you provide. As such, it is a condition of the LBS Group providing the products and/or services to you that you:

(a) warrant and declare that all your Personal Data submitted or to be submitted to the LBS Group are accurate, updated and complete in all respects for purposes of acquiring or using the relevant products and/or services and you have not withheld any Personal Data which may be material in any respect and that the LBS Group is authorized to assume the authenticity and updatedness of the Personal Data given by you when processing the Personal Data submitted by you to the LBS Group (and the LBS Group is not obliged to independently verify any of such Personal Data); and

(b) you understand and agree to, the importance of the need to, update the LBS Group as and when such Personal Data provided earlier to the LBS Group becomes inaccurate, incomplete, misleading, outdated or changes in any way whatsoever by contacting the LBS Group at the contact details below.

7. YOUR RIGHTS

7.1 Subject to the exceptions provided under the PDPA, you have the right to request for access to, request for a copy of, request to update or correct, your Personal Data held by the LBS Group. The LBS Group may charge a small fee (such amount as permitted by the PDPA) to cover the administration costs involved in processing your request to access your Personal Data.

7.2 In respect of your right to access and/or correct your Personal Data, the LBS Group has the right to refuse your request to access and/or correct your Personal Data for the reasons permitted under the law, such as where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons.

7.3 You have the right at any time to request the LBS Group to limit the processing and use of your Personal Data (for example, requesting the LBS Group to stop sending you any marketing and promotional materials or contacting you for marketing purposes).

7.4 In addition, you also have the right to inform the LBS Group on your withdrawal (in full or in part) of your consent given previously to the LBS Group subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be effected.

8. RETENTION OF YOUR PERSONAL DATA

Any of your Personal Data provided to the LBS Group is retained for as long as the purposes for which the Personal Data was collected continues; your Personal Data is then destroyed unless its further retention is required to satisfy a longer retention period to meet the operational, legal, regulatory, tax or accounting requirements of the LBS Group.

9.SECURITY OF YOUR PERSONAL DATA

9.1 The LBS Group is committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, the LBS Group endeavours, where practicable, to implement appropriate technical and organisational measures in accordance with the applicable laws and regulations to safeguard against and prevent the unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.

9.2 The LBS Group will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Privacy Policy, and to adequately safeguard your Personal Data.

9.3 The Internet is not a secure medium. However, the LBS Group will put in place various security procedures with regard to the Site and your electronic communications with the LBS Group.

9.4 Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.

9.5 The LBS Group cannot and does not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond the LBS Group’s reasonable control.

10. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS

To the extent that you have provided (or will provide) Personal Data about your family, spouse and/or other dependents, you represent and warrant that you have obtained their consent to provide their Personal Data to the LBS Group and they consent to their Personal Data being processed in accordance with this Privacy Policy and, with respect to minors (i.e. individuals under 18 years of age) or any individuals not legally competent to give consent, you consent on their behalf (and you confirm that you have the authority to do so).

11. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF MALAYSIA

The LBS Group’s information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. Your Personal Data may be transferred to entities outside of Malaysia. This may include, but not limited to, instances where your Personal Data may be stored on servers located outside of Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia under the laws of Malaysia. You hereby expressly consent to the LBS Group transferring your Personal Data outside of Malaysia for such purposes. The LBS Group shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your Personal Data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your Personal Data.

12. WEBSITE

12.1 External links

(a) If any part of the Site links you to other websites, those websites do not operate under this Privacy Policy and the LBS Group does not accept any responsibility or liability arising from those websites.

(b) Likewise, if you subscribe to an application, content or a product from a strategic partner of the LBS Group and you subsequently provide your Personal Data directly to that third party, that Personal Data will be subject to that third party’s privacy policy (if they have such a policy) and not to this Privacy Policy.

(c) The LBS Group recommends you to read and understand the privacy statement/policy posted on those other websites in order to understand their procedures for collecting, processing, using and disclosing personal data and before submitting your Personal Data to those websites.

13. CONTACT DETAILS

If you have any questions about this Privacy Policy or would like to make a complaint or, access data or request for a correction, please contact the LBS Group at the contact details below:

Legal Department

Address:
LBS BINA GROUP BERHAD
Plaza Seri Setia,
Level 2, No.1, Jalan SS 9/2,
47300 Petaling Jaya,
Selangor Darul Ehsan

Contact No.: 03- 7861 8005 / 03-7861 8027
Facsimile No.: 03- 7861 8003
Email Address.: [email protected]

DISCLAIMER

Whist every reasonable care and effort has been taken, all plans, specifications and information contained herein are approximate and may be subject to changes as may be required by Authorities / Engineer / Architect and the Developer and / or Landowner (where applicable). The LBS Group shall not be held liable or responsible for any inaccuracies.

*all 3D visuals are artist impressions only.