Terms of Use & Disclaimer

Terms of Use – Please Read Carefully

Welcome to the website of NAIM Holdings Berhad and its subsidiaries (“NAIM”, “NAIM Group”, “we”, “our” or “us”).

By accessing, browsing or using this Website, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use, Disclaimer, Privacy Statement and Cookies Notice. If you do not agree to these terms, you must immediately discontinue your access to and use of this Website.

The term “Website” refers to all websites, web pages, mobile applications, portals and digital platforms owned, operated or controlled by NAIM.

 

1. Intellectual Property Rights

This Website and all contents contained herein, including but not limited to all text, graphics, images, artwork, photographs, videos, animations, software, designs, logos, trademarks, service marks, trade names, layouts, databases, source codes and other materials (“Content”) are owned by or licensed to NAIM and are protected by applicable intellectual property laws.

The Content is provided solely for personal reference, informational and non-commercial purposes.

No part of this Website may be reproduced, copied, distributed, transmitted, displayed, published, modified, stored, adapted or otherwise exploited without the prior written consent of NAIM.

Nothing contained on this Website shall be construed as granting any licence or right to use any trademark, logo or intellectual property belonging to NAIM.

NAIM reserves all rights to take legal action against any unauthorised use, infringement or misuse of its intellectual property rights.

 

2. Information Purposes Only

The information and materials contained on this Website are provided solely for general information purposes and shall not constitute legal, financial, investment, technical, property, tax, professional or other advice.

Nothing contained on this Website shall constitute an offer, invitation, solicitation, representation, warranty, undertaking or recommendation by NAIM.

Users should obtain independent professional advice before making any decision or taking any action based on information obtained from this Website.

 

3. No Warranties

This Website and all Content are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, NAIM expressly disclaims all representations, warranties, guarantees and conditions of any kind, whether express, implied or statutory, including but not limited to:

• (a) accuracy, completeness, reliability, adequacy or timeliness of information;
• (b) fitness for a particular purpose;
• (c) merchantability;
• (d) non-infringement of third-party rights;
• (e) uninterrupted, secure or error-free operation of the Website;
• (f) correction of defects, errors or omissions; and
• (g) freedom from viruses, malware, ransomware, spyware or other harmful components.

NAIM does not warrant that this Website will always be available or that access will be uninterrupted or error-free.

 

4. Disclaimer and Limitation of Liability

Any use of or reliance upon the information contained on this Website shall be entirely at the user’s own risk.

To the fullest extent permitted by law, neither NAIM, its subsidiaries, related corporations, directors, officers, employees, consultants, agents, contractors, representatives or service providers shall be liable for any loss, damage, liability, claim, cost or expense whatsoever arising directly or indirectly from:

• (a) access to, use of or inability to use this Website;
• (b) reliance upon any information contained on this Website;
• (c) any inaccuracies, errors, omissions or delays in the Content;
• (d) interruption, suspension or termination of the Website;
• (e) cyberattacks, hacking, malware, viruses, ransomware, phishing attacks or unauthorised access;
• (f) failure of telecommunications, internet services or technology infrastructure;
• (g) third-party websites or external links; or
• (h) any act or omission of any third party.

Without limitation, NAIM shall not be liable for any:

• (i) indirect, incidental, consequential, exemplary, punitive or special damages;
• (ii) loss of profits, revenue, business opportunities, contracts, anticipated savings or goodwill;
• (iii) loss or corruption of data;
• (iv) business interruption; or
• (v) reputational damage,

whether arising in contract, tort (including negligence), statutory duty or otherwise, even if advised of the possibility of such losses.

 

5. Property Information, Artist’s Impressions and Marketing Materials

All descriptions, specifications, measurements, dimensions, floor areas, site plans, master plans, development plans, illustrations, photographs, videos, virtual tours, renderings, perspectives, animations, computer-generated images and other marketing materials appearing on this Website (“Illustrations”) are provided solely for general information and illustrative purposes.

Unless expressly stated otherwise:

• (a) all Illustrations are artist’s impressions only;
• (b) all photographs, computer-generated images, renderings, visualisations, videos and other digital content may be digitally enhanced, modified, generated or assisted by artificial intelligence (AI) or other technologies;
• (c) all show units, mock-ups and display materials are illustrative only;
• (d) surrounding developments, views, landscaping, facilities, amenities and infrastructure depicted may not exist or may change over time;
• (e) the completed development may differ from what is depicted; and
• (f) any AI-generated or AI-assisted content is provided solely for illustrative purposes and may not accurately reflect actual conditions, specifications, features, surroundings or completed developments.

The Illustrations, including any AI-generated or AI-assisted images, renderings, visualisations, videos, animations and other digital content, do not constitute and shall not be construed as any representation, warranty, promise, undertaking or contractual commitment by NAIM.

Actual developments, buildings, facilities, landscaping, specifications, finishes, materials, layouts, dimensions, colours, views and surrounding developments may vary due to planning approvals, authority requirements, design development, technical requirements, material availability, construction considerations, operational requirements and other factors.

Any furniture, decorative items, appliances, fixtures, fittings, vehicles, people, vegetation, landmarks or surrounding structures shown are for illustration purposes only and may not be provided.

For the avoidance of doubt, no illustration, marketing material or other content published on this Website shall constitute or form part of any representation, warranty, undertaking, contractual commitment or contractual term unless expressly incorporated into a duly executed written agreement.

Prospective purchasers, investors and users are advised to conduct their own independent investigations and refer to the relevant sale and purchase agreements, booking forms, approved plans, specifications and contractual documents.

NAIM shall not be liable for any loss or damage arising from reliance upon any Illustration or marketing material appearing on this Website.

 

6. Third-Party Links

This Website may contain links to third-party websites for convenience only.

Such links do not constitute endorsement, sponsorship or approval by NAIM of any third-party website, products, services or content.

NAIM has no control over and assumes no responsibility for any third-party website and shall not be liable for any loss or damage arising from access to or use of such websites.

Users access third-party websites entirely at their own risk.

 

7. User Responsibilities

Users shall use this Website only for lawful purposes and in compliance with all applicable laws and regulations.

Users shall not:

• (a) interfere with the operation or security of the Website;
• (b) introduce malicious software or harmful code;
• (c) attempt unauthorised access to any systems or data;
• (d) use the Website in a manner that may damage NAIM’s reputation or interests; or
• (e) infringe any intellectual property or proprietary rights.

8. Indemnity

You agree to indemnify and keep indemnified NAIM, its subsidiaries, related corporations, directors, officers, employees and agents from and against all claims, actions, proceedings, liabilities, losses, damages, costs and expenses (including legal fees on a solicitor-client basis) arising from:

• (a) your use of the Website;
• (b) your breach of these Terms;
• (c) any unlawful conduct by you; or
• (d) any infringement of third-party rights by you.

9. Privacy Statement

NAIM respects and is committed to protecting your privacy.

Any personal data collected through this Website shall be processed in accordance with the Personal Data Protection Act 2010 (“PDPA”) and any applicable data protection laws.

Personal data collected may include:

• (a) name;
• (b) company name;
• (c) designation;
• (d) email address;
• (e) telephone number;
• (f) postal address;
• (g) IP address;
• (h) website usage information; and
• (i) any other information voluntarily provided by users.

Such information may be collected for purposes including:

• (a) responding to enquiries;
• (b) processing registrations and applications;
• (c) investor relations communications;
• (d) customer relationship management;
• (e) recruitment and employment purposes;
• (f) marketing and promotional activities;
• (g) business operations and administration;
• (h) legal and regulatory compliance; and
• (i) improving our products, services and Website.

NAIM may disclose personal data to:

• (a) companies within the NAIM Group;
• (b) professional advisers;
• (c) service providers;
• (d) governmental, regulatory or enforcement authorities; and
• (e) other parties where required or permitted by law.

By providing personal data through this Website, you consent to the collection, use, disclosure, transfer, storage and processing of such personal data for the purposes stated herein.

Users may request access to, correction of, or withdrawal of consent relating to their personal data, subject to applicable laws and NAIM’s policies.

 

10. Cookies and Similar Technologies

NAIM uses cookies, web beacons, pixels and similar technologies (“Cookies”) to improve user experience, analyse Website traffic, maintain Website security and support business operations.

Cookies may collect information including:

• (a) IP address;
• (b) browser type;
• (c) operating system;
• (d) device information;
• (e) pages visited;
• (f) referral sources;
• (g) browsing behaviour; and
• (h) duration of visits.

The Cookies used may include:

(a) Strictly Necessary Cookies
Required for the proper operation and security of the Website.

(b) Functional Cookies
Used to remember user preferences and settings.

(c) Analytics Cookies
Used to analyse Website traffic and improve Website performance.

(d) Marketing Cookies
Used to support marketing, advertising and promotional activities.

NAIM may engage third-party analytics, advertising, social media and technology providers who may place Cookies on the Website.

By continuing to access or use the Website, you consent to the use of Cookies as described herein.

Users may disable Cookies through browser settings, although doing so may affect Website functionality.

NAIM shall not be liable for any loss, damage, claim, cost or expense arising from the use of Cookies, analytics tools, third-party tracking technologies, internet transmission failures, cyberattacks, unauthorised access, malware, viruses, data breaches or interception of communications over the internet.

 

11. Reservation of Rights

NAIM reserves the right at any time and without prior notice to:

• (a) modify, amend or update this Website;
• (b) vary these Terms;
• (c) suspend or discontinue any part of the Website;
• (d) remove or modify any Content; and
• (e) restrict access to the Website.

Continued use of the Website following any amendment shall constitute acceptance of such amendment.

 

12. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

 

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Malaysia.

Users irrevocably submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with the Website.

 

14. Contact Us

Should you have any questions regarding this Website, these Terms, Privacy Statement or the processing of personal data, please contact:

NAIM Holdings Berhad
9th Floor, Wisma NAIM
2½ Mile Rock Road
93200 Kuching, Sarawak
Malaysia

Email: enquiries@naim.com.my