The Terms and Conditions specified herein shall determine the procedures to be used in the e-Lelong website and shall apply to all registered users of e-Lelong website.
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RECITAL
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The Terms and Conditions herein shall apply to every electronic public auction transaction for the immoveable property in the High Court of Malaya conducted by e-Lelong System.
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The Terms and Conditions herein shall be read together with the Conditions of Sale in the Proclamation of Sale.
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The Registrar of e-Lelong Operation Centre, may from time to time has the sole discretion to add, modify, or delete any terms and conditions, and such additions, modifications, or deletions are binding upon Bidders and any stakeholders in the public auction conducted by e-Lelong System.
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Bidders are responsible to ensure that the internet access is in good condition during the process of public auction is being conducted. Unsatisfactory Internet access may disrupt bids made by the Bidders.
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e-Lelong Operation Centre shall not be liable for any disruptions, delays, failures, errors, omission or loss of transmitted information due to the unsatisfactory of internet access or any online disruptions that may occur during the process of public auction.
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Any decision or instruction made by the Registrar of e-Lelong Operation Centre shall be final and binding on the Bidders and stakeholders at public auction conducted by e-Lelong System.
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ELIGIBILITY
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Bidders who register to participate in the public auction in eLelong System are expressly agreeable to the Terms and Conditions as follows:-
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Minimum age limit of individual bidders shall be of 18 years old and above, of sound mind and not undischarged bankrupts;
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Companies incorporated under the laws of Malaysia and not in liquidation;
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Possess full rights, powers and authority to make the biddings and purchase the property; and
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Able to take, fulfill and perform all necessary actions, conditions and matters (including obtaining any necessary consents) in terms of law to enable Bidders to participate in the public auction.
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Bidders’ eligibility requirements are subject to the existing Federal and State legal provisions.
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REGISTRATION
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Parties who are interested to participate in public auction shall register as Bidders in the e-Lelong System.
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Bidders are responsible to provide all true, current and accurate information at the time of registration as registered user of eLelong System.
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Individual Bidder shall upload copies of identification documents into the e-Lelong System at the time of registration.
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In the event of bidding by companies, Form 49 of the Companies Act 1965, Memorandum and Articles of Association of the Company and Board of Director’s Resolution duly signed by all directors shall be uploaded into the e-Lelong System at the time of registration.
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Bidders only need to register once in the e-Lelong System and the registration shall be applicable for the subsequent auctions.
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Bidders are subject to any restrictions provided under the state laws except with the approval of the relevant authorities.
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Foreign citizens or foreign companies cannot be a Bidder for property subject to any restrictions under any law EXCEPT with the approval of the relevant authorities.
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Bidders are responsible to identify the property and to ensure that the details, liabilities and encumbrances of the property are correct and accurate.
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APPLICABLE LAWS AND JURISDICTION
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The usage of the e-Lelong website together with the Terms and Conditions hereof shall be governed and construed in accordance with the laws of Malaysia.
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The laws of Malaysia shall regulate and apply to all electronic transactions of immoveable property by public auction. Any legal actions or proceedings arising out of or in connection with the electronic transaction of immoveable property by public auction shall subject to the exclusive jurisdiction of the Courts of Malaysia.
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CONFIDENTIALITY OF INFORMATION
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By accessing the e-Lelong System website, Bidders acknowledge and agree that the e-Lelong Operation Centre may collect, retain or disclose Bidders’ information or any information by the Bidders for the effectiveness of services, and the information collected, retained or disclosed shall comply with Personal Data Protection Act 2010 and any laws or regulations applicable from time to time.
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Bidders agree to accept all associated risks when using the services in the e-Lelong website and the e-Lelong Operation Centre shall not be responsible for any unauthorized access or any consequential loss or damage suffered.
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Bidders shall be responsible for the confidentiality and use of the Passwords and shall not disclose the Passwords to any person at any time and under any circumstances, whether intentionally or unintentionally.
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Bidders agree to comply with all security measures related to the safety of the Passwords or generally in respect of the use of the services.
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Bidders accept the responsibility that in the event of the Passwords are notified to any other person whether intentionally or unintentionally, the Bidders shall take precautionary steps for the disclosure, discovery or the Bidders shall immediately notify the e-Lelong Operation Centre.
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INTELLECTUAL PROPERTY
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Any information, contents, document materials, details, graphics, data files, texts, images, digital pictures or any visuals being displayed in the e-Lelong website shall not be used or published either by electronic, mechanical, photocopy, recording or any other means without permission of the e-Lelong Operation Centre.
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In the event of any infringement of intellectual property rights under the Terms and Conditions, the e-Lelong Operation Centre may use any available legal remedies, which may include demand for actual or statutory damages, solicitor’s fees and injunctive relief.
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MISCELLANEOUS
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In the event of any discrepancies, misstatements or errors appearing in translations of the particulars and the Terms and Conditions to any other language, the Terms and Conditions in the Malay Language version shall prevail.