TERMS OF USE FOR WEBSITE (WWW.ETIKAAUCTION.COM)

1. By using www.etikaauction.com web site ('the Web Site') you are agreeable to accept and abide by all terms in the User Agreement governing the Web Site and understand all disclaimers posted on the Web Site. This disclaimer shall form part of the User Agreement.
2. The Web Site is provided for your information or reference only to assist you on property/real estate-related matters. It is the sole and absolute responsibility of and the onus is on all Prospective Bidders to seek and obtain from the State Authorities and/or relevant bodies (if applicable), all confirmations and/or consents as may be required or as may be applicable in respect of the Property(ies) and the auction sale of the Property(ies), and to satisfy themselves on the same and all matters in connection with the Property(ies) prior to the bidding (including and not limited to verifying the identity, particulars, state and conditions of the Property and the terms of the conditions and restrictions affecting the Property(ies) if any, whether or not the Property(ies) is reserved for Bumiputera only and matters relating to the ownership of the Property(ies), the status of the separate document of title to the Property(ies) and the liabilities including amounts owing and obligations pertaining to the Property(ies). The Prospective Bidders shall be deemed to have full knowledge of all of the matters aforesaid. The Web Site, the Web Site’s Owner and the Auctioneer and their respective agents or servants (if any) do not in any way make any representation or warranty in respect of any of the aforesaid and shall not in any way be responsible or liable to the Prospective Bidders in respect of any of the aforesaid. The Web Site shall not be relied on as professional/legal advice because it is not a substitute for consultation with a professional consultant/practitioner of the relevant field.
3. Any links to other websites found in the Web Site are provided for users’ convenience only. The Web Site, the Web Site’s Owner and the Auctioneer and their respective agents or servants (if any), do not guarantee the credibility or accuracy of any information available through the links users will find at the Web Site. Nothing contained at the Web Site should be construed to constitute an approval, recommendation or endorsement of any services, products or websites by the Web Site. The Web Site’s owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such information and/or content, goods or services available on or through any such sites. All Prospective Bidders and or its agents or servants shall be deemed to have read, understood and accepted the Proclamation of Sale, Conditions of Sale and the Terms and Conditions for Online Bidding governing the Web Site and the auction.
4. Any listing, name, content, material of any merchants or any professional firms found on the Web Site does not constitute any endorsement, recommendations or referral of such persons or firms by the Web Site. In deciding to engage any professional persons or firms you should conduct your own independent study, research or inquiry and shall refrain from relying on the materials found herein the Web Site solely.
5. The Web Site, the Web Site’s Owner and the Auctioneer or any of them or their respective agents or servants (if any) shall under no circumstances whatsoever be liable to any Prospective Bidder including but not limited to liability in tort or contract or in relation to any matter or thing arising out of or in connection with, or in respect of the auction sale and/or of the Property(ies) howsoever caused or arising before, at or subsequent to the sale of the Property(ies).
6. Users are to take into account that transmissions on the Internet are not conclusively confidential. Any information that user are transmitting are therefore transmitted at user's own risk.
7. Take note that no information or content found at the Web Site, in the database or in the responses from contributors shall bound the Web Site, the Web Site’s owner and the Auctioneer or any of their respective agents or servants (if any), in whatsoever manner. It is the users’ sole responsibility in taking necessary steps to ensure accuracy or credibility of any information obtained herein before relying upon or acting upon such information.
8. All statements made in the Web Site or otherwise relating to the Property(ies) are made without responsibility and liability whatsoever and howsoever arising on the part of the Web Site, the Web Site’s Owner and the Auctioneer or any of them or any of their respective agents or servants (if any). No such statement may be relied upon as a statement or representation of fact or warranty whatsoever. All information/content/advertisements/statements made in the Web Site or otherwise relating to the Property(ies) such as the newspaper advertisement, banner and brochure and etc are provided for information only. The Web Site also gives no warranty that any information/content/advertisements/statements, distributed through, or linked, downloaded or accessed from or through the Web Site or the results that may be acquired from the use of the Web Site will be accurate or reliable.
9. The Web Site also makes no representation or warranty as to their accuracy or the actual condition of the Property. The Web Site, the Web Site’s Owner and the Auctioneer or any of them or their respective agents or servants (if any) does not accept any responsibility for the accuracy or completeness of, or any loss, which may arise from reliance on such information. All Prospective Bidders shall be solely and absolutely responsible to satisfy themselves by inspecting or otherwise as to the correctness of any such statement and neither the Web Site, the Web Site’s Owner and the Auctioneer nor any of their respective agents or servants (if any) has any authority to make any representation or give any warranty whatsoever in relation to the Property(ies).
10. Prospective Bidders are also advised to and shall be solely and absolutely responsible to, prior to the auction sale;
    1. Inspect the Subject Property(ies);
    2. Conduct an official title search at relevant Registry or Land Office and to conduct and rely on their own searches, enquiries, investigations and verifications on the accuracy and correctness of the particulars and information provided and to seek their own professional advice in regard to the sale.
    3. Obtain confirmation from the State Authorities and/or relevant bodies as to the accuracy and correctness of the identity and particulars of the Property and all matters in connection with the Property(ties) (including and not limited to the status of the issuance and registration of the separate document of title, the form and manner of assignment or transfer of the title in the Property(ies) and the amount payable and/or owing in connection with the Property(ies);
    4. Make necessary enquiries with the State Authorities and/or relevant bodies for any terms and conditions to the purchase pursuant to the sale and for the necessary confirmations or terms of consent to the sale;
    5. Seek independent legal advice on all matters in connection with the auction sale including to obtain, read and fully understand the Proclamation of Sale, the Conditions of Sale and the Terms and Conditions for Online Bidding.
11. The Web Site, the Web Site’s Owner and the Auctioneer, subject to the reserve price, the bidder offering the highest bid and being so allowed by the Auctioneer shall be the Purchaser of the Property(ies) but the Web Site and the Auctioneer reserves the right to regulate the bidding and the conduct of the auction sale and shall have the sole right to refuse any bid or bids without giving any reason for such refusal. The Auctioneer reserves the right to alter, add to or in any way amend these Conditions of Sale and the Terms and Conditions for Online Bidding at any time prior to the auction sale. In the case of any dispute arising prior to, during or resulting from the auction sale, the Web Site, Web Site’s Owner and the Auctioneer shall have the absolute discretion and power to resolve the dispute (including but not limited to putting the Property up for sale again or withdrawing the Property from sale altogether) and the decision of the Auctioneer shall be final and binding in all respects and for all purpose whatsoever.
12. The Web Site, Web Site’s Owner and the Auctioneer shall be and are hereby at liberty with or without notice or whatsoever reasons to cancel, postpone, call off or adjourn the auction sale or otherwise withdraw the Property(ies) from the auction sale at any time before the fall of the hammer. The Web Site, the Web Site’s Owner and the Auctioneer or any of them or their respective agents or servants (if any) shall not incur any liability whatsoever to the Prospective Bidder by reasons of such withdrawal.
13. Any material downloaded or otherwise obtained through the use of the Web Site is done at user's own discretion and risk, and it shall be user's sole responsibility in case of any direct or incidental damage or loss suffered as a result thereof.
14. The photographs shown herein are solely for general identification and information. The Web Site makes no representation or warranty as to the accuracy or the actual condition of the property(ies) nor to the particulars or details therein including but not limited to the postal address, description of property, size of property, reserve price and etc. The Web Site, the Web Site’s Owner and the Auctioneer or any of them or their respective agents or servants (if any) shall not liable for any liability whatsoever to prospective bidders by whatever reason(s) and not limited to any inaccuracy or withdrawal of the said property(ies).
15. No advice or information, whether oral or written, obtained by user from the Web Site, its employees or agents shall create any warranty not expressly stated in the User Agreement.
16. By accessing this Web Site, the Prospective Bidders acknowledge and agree that this Web Site may collect, retain, or disclose the Prospective Bidder’s information or any information by the Prospective Bidders for the effectiveness of services, and the collected, retained or disclosed information shall comply with Personal Data Protection Act 2010 and any regulations, laws or rules applicable from time to time.
17. Any decision made in relation to sale or purchase or investment transaction is made at user's sole discretion and responsibility.
18. Where so permitted by applicable law, these disclaimers shall be absolutely enforceable.
19. The auction and any resulting contract of sale of the Property(ties) on the terms stated in this Web Site shall be forwarded and construed in accordance with the laws of Malaysia and any dispute arising shall be referred to the Courts of Malaysia for determination. The Courts of Malaysia shall exercise exclusive jurisdiction over such dispute.
20. Terms & Conditions for online bidding for every auction may varies according to the terms set by the Vendor/Seller/Bank/Assignee. Users that wish to submit bids via online bidding shall further refer to the Terms and Conditions for Online Bidding for the respective auction and shall be bound by the same.
21. In the event there is any discrepancy, misstatement or error appearing in this General Terms of Use with the Terms and Conditions for Online Bidding, the Terms and Conditions for Online Bidding shall prevail.