TERMS OF USE AND PRIVACY POLICY

KL East Mall (KLEM) User Application (the “App”) Terms of Use

By accessing, browsing, installing and/or using the App you are deemed accepting and agreeing to the following terms and use (“Terms of Use”). The App is the property of Sime Darby Property (Sungai Kapar) Sdn Bhd,  the owner of KL East Mall (“KLEM”) (“We/Us/KLEM”) and if you do not agree with the Terms of Use, please cease all use of  the App immediately, and please uninstall the App with immediate effect..

The Terms of Use governs your use of the App, through which you can get an access to push messaging services, updates on advertisement & promotions in KLEM, user registration, manage user profile, link your account to Prime Membership, event(s) booking, gift(s) and voucher(s) redemption and any other features and services that may be made available by KLEM from time to time (“Services”).
In addition, your access and use of the App, the Services offered by the App will also be governed by any other specific rules, procedures, terms and conditions for the products, services or facilities offered as determined or as may be amended by us at our discretion (“Applicable Additional Terms and Conditions”) from time to time. In the event of any inconsistency or conflict between the applicable additional terms and Conditions, KLEM’s rules, procedures, terms and conditions as determined from time to time AND the Terms of Use the Applicable Additional Terms and Conditions will prevail (unless specifically provided otherwise).

 

About This App

  1. As the user of the App, you agree that the content(s) of the App may be changed by Us from  time to time and We shall not be responsible for any errors or omissions in the App content(s).
  2. You agree that you should make your own enquiries before entering into any transaction by relying on the information available at https://www.simedarbyproperty.com/property-investment/malls/kl-east-mall.
  3. You also agree that the content(s) of the App and any products or services available through the App are meant for the App users only.
  4. We reserve the rights, at our sole discretion, to change, modify add or remove any portions of these Terms of Use, at any time without prior notice thereof. Such changes will become effective immediately upon publishing the new terms and conditions on the App. It is your responsibility to check these Terms of Use periodically for changes and you continued use of the App following the posting of the changes will mean that you accept and agree to such changes.

 

Authentication and Security

  1. You agree that you are required to use a security credential (“User ID“) to access the App and its services. The User ID could take the form of a username and password, a digital certificate or another security-related technology. The User ID may be used only for the purposes of accessing the App. Any other use of your User ID is prohibited.
  2. You also agree that you shall be responsible for maintaining the confidentiality of your User ID, Security Phrase (as defined hereinafter), Temporary Authentication Code (“TAC”), password, account information and/or user authentication and are fully responsible for all conduct carried out under this User ID, Security Phrase, TAC, password,  account and/or user authentication. For the purposes of the Terms of Use, “Security Phrase” means the string of characters selected by you which being unique to you and known only to you, which will be displayed on screen after you have entered your User ID. (“TAC”) means the unique 6 digit code that is sent via SMS or email to validate your registered handphone number for verification purposes. You further agree that We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. We request that you promptly report to us any unauthorised use of your password.
  3. We will take reasonable steps to secure the App and the systems in our control that are used to access the App. However, the internet may be unreliable and is a difficult medium to secure. We do not guarantee the security of the App or the systems (including the internet and your hardware and software) used to access the App, or any information that passes through such systems.

 

Use of This App

You shall not:

  1. use the App for any unlawful activities, and/or post or transmit to or via the App any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes;
  2. use the App in a way, and/or post to or transmit to or via the App any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying the App;
  3. use the App to send unsolicited commercial or bulk electronic mail messages to anyone;
  4. make any fraudulent or speculative enquiries, bookings, reservations or requests using the App;
  5. use another’s User ID or name without permission;
  6. provide false information when registering or changing your App registration details;
  7. impersonate another person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity when using the App;
  8. post to or transmit to or via the APP any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
  9. tamper with, hinder the operation of or make unauthorised modifications to the App;
  10. knowingly transmit any virus or other disabling feature to or via the App;
  11. install or use the App on any devices which have been rooted, jailbroken or had the system controls disabled or altered as this may render the device (and your use of the App) more prone to viruses and malware;
  12. circumventing any user authentication or security of any host, network or account (cracking or hacking); and
  13. attempt any of the above acts or permit another person to do any of the above acts.

 

Reliability of Service

The App provides for a connecting platform that interacts with third party applications platforms. While We continuously monitors the working condition of these connecting platforms, you agree that We do not have any control over the third-party vendors’ actions relating to their applications platform. You further agree that We shall not be held liable or should be responsible for any changes in the third-party applications platforms and its interoperability that can be broken temporarily or permanently.

Advertising & Promotion

By you using the App you consent and allow us to send you marketing communications in relation to KLEM and KLEM’s partners’, sponsors’ and advertisers’ products, services, events or promotions, such as:-

  • send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and
  • notify, invite and manage your participation in our events or activities.

If you wish to unsubscribe for marketing and promotions, please click on the unsubscribe link in the relevant email or message. Alternatively, you may also update your preferences in the App settings.

Third Party Sites

  1. The App contains links to third party sites. You acknowledge that we have no control over the content of such third-party site. We are not responsible for the condition or the content of those sites. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. Any personal information that you make available on such third-party sites will be subject to the relevant third party’s privacy policy (if any) and not to our privacy policy. Before disclosing your personal information on such third-party site, you should check that third party’s privacy policy.
  2. You access those third-party sites and use their products and services solely at your own risk. We do not represent that the content or services available from third party sites are appropriate or available for use in all parts of Malaysia. If you access other content or services from third party sites, we are not responsible for your compliance with local laws or other applicable laws.

Personal Information

By submitting your personal information or using the App, you hereby agree to given us your consent for us to collect, record, hold, store, use and disclose your personal information according to our privacy policy which is available at https://www.simedarbyproperty.com/PDPA.pdf

Prices and Products and Services

All prices displayed and products and services offered for supply on the App are provided for information purposes only and are subject to change without notice. You should check the price of a product or service at marketing@kleastmall.com before placing an order for it.

Disclaimer of Warranties

  1. We do not guarantee, represent or warrant that your use of the App will be uninterrupted or error-free, and you agree that from time to time We may remove the App and its contents for indefinite period of time, cancel the Services at any time or otherwise limit or disable your access to the App without further notice to you.
  2. You expressly agree and acknowledge that use of or inability to use the App together with its activities in connection to the App is at your sole risk. To the maximum extent permitted by applicable law, the Services and all content delivered to you through the App are provided by Us on an “as is” and “as available” for your use, without warranties of any kind, either express or implied, including without limitation to the accuracy, timeliness, security or completeness of the Services and material placed on the App and We hereby disclaim and exclude all warranties and conditions with respect to your use of the App, Services and materials placed on the App either express, implied or statutory, including but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, accuracy, of quite enjoyment and of non-infringement of third party rights.
  3. We do not represent or guarantee that the App and the contents will be fee from loss, corruption, attack, viruses, interference, hacking or other security intrusion and you hereby release Us from any liability relating thereto.
  4. We shall not be responsible for data charges you may incur in connection with your use of the App and its contents.
  5. You acknowledge that the Services and material placed on the App should not be taken as an inducement or invitation to invest or otherwise deal in the shares of group of companies related to KLEM nor be relied upon for any specific purpose.

Limitation of Liability

In no event KLEM and its subsidiaries, associated companies, related corporations (as defined under the Companies Act, 2016), affiliates, its directors, employees, officers, agents, and licensors shall be held liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the App or for any other claim related in any way to the use of the App and/or its contents, including, but not limited to any errors or omissions in any content, or any injury, loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App (whether in contract or tort) whatsoever including without limitation to damages for loss of profits, loss of data, business interruption or any other commercial damage or losses, arising out or related to your use or inability to use the App, its Services and the contents, whether or not this is caused by our negligent act or omission.

Waiver and Indemnity

By using the App, you agree, to the extent permitted by law, to indemnify and hold KLEM, its subsidiaries, associated companies, related corporations (as defined under the Companies Act, 2016), affiliates, its directors, employees, officers, agents and licensors harmless with respect any claims arising out of your breach of this Terms of Use, your use of the App, or any action taken by KLEM as part of its investigation of a suspected violation of this Terms of Use or as a result of its finding or decision that a violation of this Terms of Use has occurred. You agreed that you shall not sue or recover any damage from KLEM, its directors, affiliates, officers, agents, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the App, or to take any other action during the investigation of a suspected violation or as a result of KLEM’s conclusion that a violation of this Terms of Use has occurred. This waiver and indemnity provision applies to all violations described or contemplated by this Terms of Use

Trademarks and Copyright

  1. The App contains trademarks which are the subject of pending applications or which otherwise are protected at law. Unless otherwise indicated, the “KLEM” logo, “KL East Mall”  and any other product or service name referred to on the App are trademarks owned by or licensed to Sime Darby Property Berhad (“SDPB”). You are not permitted to use these trademarks except (a) by saving or printing a copy of the App as permitted below under the copyright permission; (b) through a legitimate reference to our product or service with proper recognition of the trade mark’s status; and (c) with our prior written consent.
  2. The App is the copyright of SDPB.
  3. The App including but not limited to the contents, graphics, user interface, audio clips, video clips, editorial content and the scripts and software used on the App contain proprietary information and copyright that are owned by SDPB and/or its licensors and are protected by applicable intellectual property and other laws  in. You may either electronically save or print out parts of the APP for your own information, research or study but only if (a) you do not modify the copy from how it appears on the App; and (b) you include all copyright or proprietary notices that appear on the App on all copies that you make. You must not frame, transmit (including broadcast), modify, link to, or otherwise use any of the material, including audio and video excerpts, except with our prior written consent.

Confidentiality

  1. We do not guarantee that your use of the App will be confidential.
  2. Any comments, suggestions, feedback, questions, ideas or other material you send or post in the App by any means may not be secure during its transmission over the internet. They will be treated as non-confidential information and non-proprietary and you agree that we may use, reproduce, publish, modify, adopt and transmit them to others in conducting our business, including but not limited to marketing our products and services.

Deactivation and Termination

  1. You are solely responsible for properly deactivating your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by writing in to marketing@kleastmall.com . All information that you upload to the Service will be deleted from the App, its archived content including backups and log files (as may be applicable). This information cannot be recovered once your account is cancelled.
  2. You agree that We may stop making the App, or a part of the App, available at any time with or without prior notice.
  3. We may immediately suspend, terminate or limit your access to the App if: you are in breach of the Terms of Use or there is an emergency or for operational or regulatory reasons or for whatever reason we deem fit.
  4. If you enter a contract for the supply of goods and/or services via the App, that Terms of Use  will not be affected if we stop making the App or part of the App available to you, unless the goods and/or services are supplied via the App.

 

Communication

  1. As some part of the App services are available via the App, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this, the following will apply:
    1. you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
    2. you must notify us as soon as possible of any changes to your contact details for the online services using the online method provided by us
  2. From time to time, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.

Governing Law and Jurisdiction

  1. The Terms of Use is governed by the laws of Malaysia and all disputes arising from the Terms of Use are subject to the exclusive jurisdiction of the courts of Malaysia.

 

General Matters

  1. The App may be accessed throughout Malaysia and overseas. We do not represent that the content of the App complies with the laws (including intellectual property laws) of any country outside Malaysia. If you access the App from outside Malaysia, you are responsible for ensuring compliance with all laws in the place where you are located.
  2. If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
  3. If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to later or similar breaches.