KIP REIT REAL ESTATE INVESTMENT TRUST (1169638-M)

Terms and Conditions of KIP REIT Website

Terms and Conditions

The website, www.kipreit.com.my, and the content contained in this website are owned by KIP REIT Management Sdn Bhd.

Internet users who access and use this website shall accept, without limitation or qualification, all the Terms and Conditions, including any amendments made at the discretion KIP REIT Management Sdn Bhd from time to time, and shall automatically be bound by the said terms and conditions upon using the website. By using this website you represent that you have read and understood the terms and conditions stated herein and that you agree to be bound by them. If you do not agree to abide by these terms and conditions, you are requested not use the site or download materials from the site.

User Conduct

You may not copy, distribute, publish or commercially exploit the content of this website, or use this website for any other purpose not specified herein. This website may only be used for lawful purposes, and in a manner which does not violate the rights of, or restrict or inhibit the use of this website by a third party.

In this regard, you further acknowledge and agree not to:

  1. act in any manner which is unlawful;
  2. conduct yourself in a manner which may harass or cause distress or inconvenience to any person, transmit obscene or offensive content or defamatory, racially or ethnically objectionable material of any kind, or disrupt the normal flow of dialogue within this website;
  3. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  4. upload or distribute in any way files which you know, or have reason to suspect, to contain viruses, corrupted files or any other similar software, programs, macros or files that may detrimentally interfere with the operation of this website, or to do anything which would create or impose an unreasonable or disproportionately large burden or load on this website;
  5. gather and use information and/or particulars posted or transmitted through this website for unsolicited advertising or other unauthorised purposes; or
  6. post, promote or transmit through this website, information which may infringe the rights of any third party, whether in statute or under common law, including but not limited to any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

You shall be responsible for obtaining and using the necessary web browser and/or other software and/or equipment necessary to obtain access to this website at your own risk and expense. If new or different versions of the web browser and/or other software and/or hardware and/or equipment necessary for the operation of the KIP REIT website become available KIP REIT Management Sdn Bhd reserves the right not to support any prior version of the web browser or other software. If you fail to upgrade the relevant software and/or web browser or to use the enhanced version of software and/or web browser as required by KIP REIT Management Sdn Bhd, the website may not display as KIP REIT Management Sdn Bhd intends, or you may not be able to obtain access to all features available, or to all documents made available on this website, and KIP REIT Management Sdn Bhd shall not be held liable as a result thereof.

Disclaimer

This website is provided on an "as is" and "as available" basis. KIP REIT Management Sdn Bhd does not warrant represent and/or undertake the accuracy, adequacy or completeness of this website nor does KIP REIT Management Sdn Bhd warrant, represent and/or undertake that the information on this website is current and has been updated in a timely manner, or that the website is accessible at all times. Further, no warranty is given that this website and its content are free from any virus or other malicious, destructive or corrupting code or programme.

The past performance of KIP REIT and KIP REIT Management Sdn Bhd are not indicative of the future performance of KIP REIT and KIP REIT Management Sdn Bhd.

The value of units in KIP REIT ("Units") and the income derived from them may fluctuate. Units are not obligations of, deposits in, or guaranteed by, KIP REIT Management Sdn Bhd. An investment in Units is subject to investment risks, including the possible loss of the principal amount invested. Investors have no right to request KIP REIT Management Sdn Bhd to redeem or purchaser their Units while the Units are listed. It is intended that holders of Units may only deal in their Units through trading on Bursa Malaysia Securities Berhad. Listing of the Units on the Bursa Malaysia Securities Berhad does not guarantee a liquid market for the Units.

This website may contain forward-looking statements that involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of KIP REIT, KIP REIT Management Sdn Bhd, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Such forward-looking statements are based on numerous assumptions regarding the present and future business strategies of KIP REIT Management Sdn Bhd and the environment in which KIP REIT or KIP REIT Management Sdn Bhd will operate in the future. Actual future performance could differ materially from these forward-looking statements.

The information and data contained in this website including facts, views, advice, analyses, opinions and recommendations are provided for information purposes only. For the avoidance of doubt, such information and data is not provided for the purpose of any issue, offer for subscription or purchase, or any invitation to subscribe for or purchase the Units, and should not be construed as such. The information and data contained in this website is not intended as investment advice and must not be relied upon as such. You should make and rely on your own evaluation to assess the merits and risks of any investments. If you are in doubt, you should consult your professional advisers immediately.

KIP REIT Management Sdn Bhd shall not in any event be liable to you or third parties for any loss or injury caused or arising from contingencies beyond its control in the procurement, compilation, interpretation, editing, reporting or delivery of the materials contained in this website or any part thereof.

KIP REIT Management Sdn Bhd expressly disclaims any liability to any parties or representations, expressed or implied, contained in or omissions from the materials in this website. In no event shall KIP REIT Management Sdn Bhd be liable in respect of any claim arising out of or relating to this website or its materials, including, but not limited to, any decision made or action taken by you in reliance upon such materials, or for damages suffered, whether direct, consequential, special, punitive, indirect or otherwise.

Intellectual Property

The trademarks, service marks and logo ("Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of Pacific Trustees Berhad on behalf of KIP REIT and/or other owners of the Trade Marks. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Marks displayed on this website, without the written permission of Pacific Trustees Berhad on behalf of KIP REIT or the other owners of the Trade Marks. Pacific Trustees Berhad on behalf of KIP REIT and the other owners of the Trade Marks intend to enforce their intellectual property rights to the fullest extent under the law. Pacific Trustees Berhad on behalf of KIP REIT and the other owners of the Trade Marks prohibit the use of the Trade Marks, the name of KIP REIT or any other trade mark owned by Pacific Trustees Berhad on behalf of KIP REIT and/or the other owners of the Trade Marks, unless it is approved in advance by Pacific Trustees Berhad on behalf of KIP REIT and/or the other owners of the Trade Marks in writing.

UserID and Password

You may gain access to non-public areas of this website, if any, only if you have been provided by KIP REIT Management Sdn Bhd with or you have otherwise have as a result of registration with KIP REIT Management Sdn Bhd (a) a login identification number(s) or name ("UserID") and (b) a personal identification number(s), password(s), symbol(s), key(s) and/or code(s) ("Password") and if such UserID and Password remain valid. KIP REIT Management Sdn Bhd may at any time in its sole and absolute discretion forthwith invalidate the UserID and/or Password without assigning any reason and, without prior notice, and shall not be liable or responsible for any loss or damage suffered by or caused by you, or arising out of or in connection with or by reason of such invalidation.

You are solely responsible for retaining the confidentiality of your UserID and Password and for any disclosure or unauthorised use thereof. You shall not at any time disclose your UserID or Password to any party (including without limitation any employee of KIP REIT Management Sdn Bhd). If you believe that the security of your UserID and/or Password has been compromised, you shall forthwith notify KIP REIT Management Sdn Bhd and obtain a new UserID and/or Password.

Any use of or access to this website and any information, data, requests, queries or communications referable to your UserID and/or Password shall be deemed to be (i) use or access of this website by you and/or (ii) information, data, instructions or communications transmitted or validly issued by you. You acknowledge that you shall be bound by and agree to fully indemnify KIP REIT Management Sdn Bhd, its affiliates, directors, officers, employees, contractors and agents, against any and all losses, liabilities, claims, damages and expenses (including legal fees) attributable to any access, use, instructions and/or communications referable to your UserID and/or Password and you agree that KIP REIT Management Sdn Bhd shall be entitled to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.

You acknowledge that unless you receive confirmation of receipt from KIP REIT Management Sdn Bhd (whether by email, posted on-line or otherwise), your requests, queries or communications may not have been received and may not be carried out. KIP REIT Management Sdn Bhd shall not be responsible or liable for any loss, damage or embarrassment incurred or suffered by you in relation to or in respect of any requests, queries or communications, through this website, howsoever caused, including but not limited to the response of KIP REIT Management Sdn Bhd, or any failure or delay in providing such response, or your acts or omissions further to the responses of KIP REIT Management Sdn Bhd. to such requests, queries or communications

Links

This website may contain link(s) to third party sites. KIP REIT Management Sdn Bhd is not responsible for the content of those sites as it is operated by other entities. The link(s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by KIP REIT Management Sdn Bhd of the content of those site(s). KIP REIT Management Sdn Bhd expressly disclaims any liability for any loss or damage incurred or suffered by you or any third party arising out of or in connection with this linkage.

Third Party Products and Services

In the event that KIP REIT Management Sdn Bhd permits a third party to offer products and/or services via the website and/or include hyperlinks on the website to third party products and/or services available on third party websites, KIP REIT Management Sdn Bhd does not make any representation in relation to, or warranty or endorsement of any of the products and/or services provided by any third parties nor does it make any representation in relation to, or warranty or endorsement of any such third parties. All products sold, services rendered and information provided by such third parties are those of the respective third parties and not KIP REIT Management Sdn Bhd, and shall be subject to the terms and conditions of the individual third parties. KIP REIT Management Sdn Bhd shall not be a party to any contracts for such products and/or services.

KIP REIT Management Sdn Bhd shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with such third parties and/or their products and/or services, their use or implementation or otherwise, including without limitation any product liability claims, claims for loss of profits, loss of use of the products or services, loss of data or any other economic losses or any consequential, incidental or exemplary losses, expenses and/or damages which you may incur or suffer.

Advertising

This website may contain advertisements or other information and material on products or services relating to or provided by third parties. Such information may contain embedded hyperlinks to websites owned and operated by the relevant third parties, their licensees or agents. KIP REIT Management Sdn Bhd does not make any representation or warranty of any kind in respect of the said information, and shall not be held accountable for any loss or damage arising from any acts, errors or omission arising from the said information, or the linked websites of the relevant third parties.

KIP REIT Management Sdn Bhd does not at any time recommend, endorse or offer the products or services advertised via the said information. You shall acknowledge that such products or services are not offered by KIP REIT Management Sdn Bhd, and KIP REIT Management Sdn Bhd shall not be responsible for any products or services purchased on the third party website.

[ Note: This section will only be applicable if KIP REIT website is permitting advertising on its website. ]

Links to KIP REIT Website

Any links to this website shall not be permitted, unless such links are provided in accordance with the terms and conditions below:

  1. the link or any part thereof does not damage or dilute the goodwill associated with the name and marks of KIP REIT and KIP REIT Management Sdn Bhd, and where applicable, that of its subsidiaries, holding companies or subsidiaries of its holding company;
  2. the link or any part thereof does not create or imply the false appearance of being associated with or sponsored by KIP REIT Management Sdn Bhd. To this end, the creation of a link shall not at any time be an indication of endorsement by KIP REIT Management Sdn Bhd or co-operation with the linked website;
  3. the link, when activated, must display this website in full-screen format and not within a frame on the linked website; and
  4. this website or its materials shall not be linked or framed to any site containing inappropriate, profane, defamatory, derogatory, obscene, indecent, or unlawful content, or content which violates any applicable copyright, trademark, intellectual property or privacy laws.

KIP REIT Management Sdn Bhd reserves the right to seek all remedies available to it at law or in equity for any breach or violation of the terms of linkage.

KIP REIT Management Sdn Bhd reserves the right at any time and at its sole discretion without having to assign any reasons, to revoke its consent to any linking or framing of this website or its materials and to take all necessary action in connection therewith, including but not limited to the termination and disabling of any links or frames.

Exclusion of Liability

In no event will KIP REIT Management Sdn Bhd be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with:

  1. this website or the use or inability to use by any party of this website, or reliance on the contents of this website;
  2. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
  3. any use of or access to any other website linked to this website or from any other website linked to this website; or
  4. any product, information, data, software or other material obtained from this website or from any other website linked to this website.

This exclusion clause shall take effect to the fullest extent permitted by law.

Violation of Terms & Conditions

KIP REIT Management Sdn Bhd reserves the right to seek any and all remedies available to it at law or in equity for any violation of these terms and conditions, including but not limited to the right to block your access from this website. KIP REIT Management Sdn Bhd further reserves the right to determine whether or not you have committed any violation of the terms & conditions herein. Failure by KIP REIT Management Sdn Bhd to insist upon or enforce strict performance of any of these terms and conditions shall not be construed as a waiver of any terms and conditions or any rights which KIP REIT Management Sdn Bhd may have.

Modification

KIP REIT Management Sdn Bhd reserves the right, at any time without prior notice to you, to change the format and content of the website at any time in the absolute discretion of KIP REIT Management Sdn Bhd. By using this website, you agree in advance to accept any such changes.

KIP REIT Management Sdn Bhd may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site at any time. KIP REIT Management Sdn Bhd may also impose limits on certain features and services or restrict your access to parts or the entire site without notice or liability. KIP REIT Management Sdn Bhd may suspend the operation of this website for support or maintenance work, in order to update the content or for any other reason whatsoever.

Indemnity

You shall indemnify KIP REIT Management Sdn Bhd and/or its related corporations and hold KIP REIT Management Sdn Bhd and/or its related corporations harmless against all loss, costs, damages, expenses and liability arising from:

  1. the use by you or any other person of this website, whether or not expressly authorised by you; or
  2. any material you posted on, transmitted or received via this website; or
  3. breach of any of these terms and conditions contained herein.

Reference to "related corporations" includes subsidiaries, and holding companies as well as any other subsidiary of a holding company of KIP REIT Management Sdn Bhd.

Personal Data Protection

If you provide personal data to KIP REIT Management Sdn Bhd by accessing and/or using this website, you are deemed to have consented to the processing of the personal data by KIP REIT Management Sdn Bhd in the manner set out in the Personal Data Protection Statement of KIP REIT Management Sdn Bhd and any amendments which KIP REIT Management Sdn Bhd, at its sole discretion, may make from time to time.

Governing Law

These terms and conditions shall be governed by, construed and enforced in accordance with the laws of Malaysia and you agree to submit to the non-exclusive jurisdiction of the Malaysian courts. You agree that the records of KIP REIT Management Sdn Bhd and any records of communications, instructions made, performed, processed or effected through this website by either party, whether stored in electronic or printed form, shall be binding and conclusive evidence of such communications or instructions. You agree that such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system.

Complain Procedure

If you have a question or complaint about this website, please contact the Webmaster at [ kipreit@kip.com.my ].