Terms of Use

1. Collection of Personal Data

1.1. Welcome to HOMELAND CREATION. The following Terms & Conditions ("Terms") govern your access to and use of our Mobile Application ["HOMELAND CREATION"] and/or Website [https://homelandcreation.com/] (collectively referred to as the "Platforms"), including any property listings, services, content or products made available through the Platforms.

2. ACCEPTANCE OF TERMS

2.1. Before accessing and/or using any features of the Platforms, you are advised to read and fully understand these Terms.

2.2. If you do not agree to these Terms, please refrain from accessing and/or using the Platforms. Your continued use of the Platforms constitutes your acceptance of these Terms.

2.3. By accessing or using the Platforms, you confirm that you have read, understood, accepted and agreed to be bound by these Terms and to comply with them.

2.4. We reserve the right to update or modify these Terms at any time without any prior notice. Any revised Terms will be reflected on the Platforms and will take immediate effect, become binding upon your continued use of the Platforms.

3. USER'S DUTIES AND RESPONSIBILITIES

3.1. Account Registration

• (a) To access and use the Platforms, you are required to register and maintain an account.
• (b) You must be at least 18 years of age and have the legal capacity to enter into binding agreements.
• (c) You must ensure that all information provided during registration is true, accurate, complete and kept up-to-date at all times.
• (d) You are solely responsible for maintaining the confidentiality of your account information, including but not limited to your username and password. You must not disclose or share this information with any other person.
• (e) You are solely responsible for all activities conducted under your account.
• (f) Any unauthorised use of your account or breach of security must be promptly reported to us.
• (g) We shall not be responsible for any loss or damage arising from unauthorised access to your account due to your failure to safeguard your login credentials.

3.2. Prohibited Activities

• (a) You shall not use the Platforms for any unlawful, abusive, libellous, obscene, threatening purposes, or for any activity that contravenes applicable laws or regulatory requirements.
• (b) You shall not engage in any activity that disrupts, damages or interferes with the normal operation of the Platforms, including transmitting viruses, malware or harmful code.
• (c) You shall not attempt to gain unauthorised access to any portion of the Platforms, other user accounts, or any systems or networks connected to the Platforms.
• (d) You shall not use the Platforms to engage in spamming, phishing, fraudulent activities, or to solicit personal information from other users without their consent.
• (e) You are prohibited from posting, sharing, or uploading any content that infringes the intellectual property rights, privacy, or other rights of any third party.
• (f) You must not use automated systems, such as bots or scripts, to access the Platforms for any purpose, including data scraping or extracting information.
• (g) You are prohibited from reselling, sublicensing, or otherwise misusing any content, services, or features provided on the Platforms without explicit authorization.

3.3. Cooperation and Compliance

• (a) You agree to cooperate with us in any investigation of suspected or actual violations of these Terms.
• (b) You shall comply with all applicable local, national, and international laws and regulations in relation to your use of the Platforms.
• (c) You agree to provide accurate and timely information upon request to ensure compliance with legal obligations or to resolve any issues related to your account or use of the Platforms.

4. BOOKINGS & APPOINTMENTS

4.1. After a booking is made, our agent will contact you to confirm the appointment and gather any necessary information.

4.2. If you wish to cancel or reschedule your appointment or booking, you must notify our agent accordingly.

4.3. We may cancel your booking or appointment in the following circumstances:

• (a) Non-payment or failure in payment processing;
• (b) Failure to respond to our confirmation call or message within a reasonable time frame.
• (c) Inaccurate, incomplete or misleading information provided during the booking process.
• (d) Unavailability of the selected property.
• (e) Errors in property details, pricing or listing information;
• (f) Suspected fraudulent, suspicious or unauthorised transaction;
• (g) Breaches or violation of these Terms; and,
• (h) Any other reasonable reasons for cancellation at our discretion.

5. PAYMENTS & REFUNDS

5.1. Pricing

• (a) All prices on the Platforms are listed in Malaysian Ringgit (MYR) and are subject to processing fees, applicable taxes and any additional fees (if any) which will be calculated and displayed on checkout.
• (b) Please note that if you are making payment in a non-MYR currency, the payment gateway or financial institution may apply a currency conversion rate and additional charges. For any queries or concerns regarding such charges, please refer directly to the payment gateway or your financial institution.

5.2. Payment Methods

• (a) We accept payments via eGHL payment gateway.
• (b) All transactions via eGHL are subject to confirmation from eGHL that the transaction or payment has been successfully processed and approved.
• (c) HOMELAND CREATION shall not be held responsible or liable for any issue or dispute arising from payments made via eGHL. All inquiries and concerns shall be directed to eGHL for resolution.

5.3. Refunds

• (a) We will process your refund request within forty-five (45) to sixty (60) working days from the date of your request, subject to receipt of all required information and supporting documents from your end.
• (b) If the required information or documents for the refund request are not provided within fourteen (14) days from the date of our request, the refund request shall be deemed cancelled without notice.
• (c) Upon successful verification and approval, the refunded amount will be credited to your designated bank account, as specified during the refund process.

6. INTELLECTUAL PROPERTY

6.1. Ownership

• All content and intellectual property on the Platforms, including but not limited to the Website and/or Mobile Application, is owned by HOMELAND CREATION and/or its affiliates and shall always remain vested in HOMELAND CREATION and/or its affiliates.

6.2.License to Use

Subject to your compliance with these Terms, HOMELAND CREATION grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to access and use the Platforms.

6.3. Restriction on Use

You shall not reproduce, copy, modify, distribute, publish, transmit, alter or otherwise exploit any part of the Platforms' content without prior written consent of HOMELAND CREATION and/or its affiliates.

6.4. Definition of Intellectual Property

For the avoidance of doubt, the term “intellectual property” includes but is not limited to:

• (a) Copyrights, trademarks, service marks, trade names, patents and domain names;
• (b) Logos, designs, industrial design, layout design, business methods and branding;
• (c) Trade secrets, inventions, discoveries, improvements and techniques;
• (d) Programs, software, source code, object code, databases, algorithms, application programming interfaces (APIs), mobile applications, website, content and promotional materials;
• (e) User interfaces, features, functionalities, graphics, icons, text, compilation, arrangement and layout of content on the Platforms; and,
• (f) Any other proprietary rights, whether registered or unregistered, under applicable laws.

7. DISCLAIMER

7.1. Provision of Platforms

The Platforms are provided on an “as is” and "as available" basis, without any warranties, whether express or implied.

7.2. Acknowledgment of Risks

By accessing and using the Platforms, you acknowledge and agree to the following:

• (a) You accept the inherent risks associated with any action conducted over the internet, including property searches, enquiries, bookings, reservations and purchase transactions.
• (b) HOMELAND CREATION makes no representations or warranties, whether express or implied, regarding the functionality, accuracy, reliability or availability of the Platforms.
• (c) HOMELAND CREATION makes no representations or warranties, whether express or implied, regarding the completeness, timeliness or suitability of any property listings, descriptions, photographs or other related content.
• (d) All bookings, enquiries, or payments made through the Platforms in relation to property purchase or rental are preliminary in nature and do not constitute a final or binding agreement for tenancy or sale and purchase. Completion of any transaction is subject to the execution of the relevant tenancy agreement or sale and purchase agreement, and fulfilment of all legal and regulatory requirements.
• (e) HOMELAND CREATION does not own, operate, or manage the properties listed on the Platforms and shall not be liable for the condition, safety, availability, or suitability of any property, nor for any representations made by property owners, landlords, developers, or their representatives.
• (f) HOMELAND CREATION is not a party to any tenancy agreement, lease, or sale and purchase agreement. All rights and obligations arising from such agreements remain solely between you and the relevant property owner, landlord, or vendor.
• (g) HOMELAND CREATION shall not be liable for any direct, indirect, incidental, consequential, or other damages arising from or related to your use of the Platforms.

7.3. Limitation of Liability

To the fullest extent permitted by applicable law, HOMELAND CREATION (including its directors, officers employees, agents and affiliates) disclaims any liability for:

• (a) Any damages, losses, costs or expenses resulting from your use or inability to use the Platforms;
• (b) Any delay, error, omission, defect, computer virus or system failure in connection with the Platforms; and,
• (c) Any claim or damage arising from your reliance on any content, material or property listing provided on the Platforms.
• (d) Any disputes, claims, or losses arising from or in connection with rental bookings or property purchase transactions, including cancellations, changes, or failure to complete, unless and until a valid written tenancy agreement or sale and purchase agreement is executed.

8. LINKS

8.1. The Platforms may contain links and/or hyperlinks to third-party websites or applications that are owned or operated by third parties.

8.2. These third-party websites and applications are not under our control, and HOMELAND CREATION is not responsible for their content, accuracy, legality or practices.

8.3. By accessing such third-party websites or applications, you do so at your own risk. We encourage you to review their terms, conditions and privacy policies before using them.

9. TERMINATION

9.1. Termination by You

• (a) You may request to terminate or delete your account via the Mobile Application.
• (b) We will process your termination request within 30 working days and send you a confirmation email once the process has been completed.
• (c) The termination will take effect on the date you receive the email confirmation.
• (d) Upon termination, all information, benefits and rewards associated with your deleted account will not be accessible or recoverable.

9.2. Termination by HOMELAND CREATION

• (a) We reserve the right to terminate your account and access to the Platforms at any time, with or without notice, for any reason, including but not limited to the following:
• 1. You breached or violated these Terms;
  2. You are engaged or involved with Prohibited Activities;
  3. Detection or suspicion of any unauthorised or fraudulent transactions; and/or
  4. You have committed any action that will compromise the security or functionality of the Platforms.
• (b) Upon termination:
• 1. All rights granted to you under these Terms will cease immediately;
  2. All the applicable rewards will be forfeited;
  3. You must cease all access and use of the Platforms; and/or
  4. We may delete your account and all associated data, subject to our Privacy Policy and applicable laws.

9.3. No Liability for Termination

HOMELAND CREATION shall not be liable to you or any third party for any termination of your account or access to the Platforms.

10. SUSPENSION

10.1. We reserve the right to suspend your account and/or access to the Platforms or specific features at our sole discretion, with or without notice, under the circumstances, including but not limited to:

• (a) Investigation of suspected breaches of these Terms;
• (b) Detection or suspicion of any unauthorised or fraudulent transactions;
• (c) Maintenance, updates, or technical issues affecting the Platforms;
• (d) Compliance with legal requirements or requests from law enforcement; and/or,
• (e) Actions or behaviours that may poses risks or harms to the Platforms, other users or our business operations.

10.2. During the suspension, your access to certain or all features of the Platforms may be restricted, and you shall not circumvent or attempt to circumvent the suspension.

10.3. We shall not be liable for any loss or damages arising from the suspension of your account and/or access to the Platforms.

11. SERVICE LIMITATIONS & MODIFICATIONS

11.1. While we strive to provide uninterrupted access to the Platforms and its services, we do not guarantee that:

• (a) The Platforms will be available at all times, free from interruptions or error-free.
• (b) The Platforms or its content will always meet your specific requirements.
• (c) Any defects or errors will be corrected promptly.

11.2. Access to the Platforms may be temporarily suspended or restricted due to:

• (a) Maintenance, updates or upgrades.
• (b) Technical issues or unforeseen disruptions, including server or network failures.
• (c) Events beyond our reasonable control, such as natural disasters, cyberattacks, or other force majeure events.

11.3. Some features or functionalities of the Platforms may be dependent on third-party providers. We are not responsible and shall not be held liable for any disruptions or limitations caused by these third-party services.

11.4. You are responsible for ensuring that your devices, software and internet connection are compatible with the Platforms. We are not responsible and shall not be held liable for any inability to access the Platforms due to user-specific technical issues.

11.5. To the fullest extent permitted by law, HOMELAND CREATION shall not be liable for any direct, indirect, incidental or consequential damages resulting from service limitations or interruptions.

12. INDEMNITY

You shall indemnify and hold HOMELAND CREATION harmless from and against all losses, damages, proceedings, costs and expenses arising directly or indirectly from your breach of any of these Terms.

13. ASSIGNMENT

You may not assign, transfer or sublicence any of your rights or obligations under these Terms to any third party without the prior written consent of HOMELAND CREATION. HOMELAND CREATION may assign, transfer or subcontract any of its rights or obligations under these Terms at its sole discretion, without notice or consent.

14. WAIVER

14.1.No failure or delay on the part of HOMELAND CREATION in exercising any right under these Terms will operate as a release or waiver of that right, nor will any single or partial exercise of any right under these Terms preclude any other or further exercise of it.

14.2.No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by HOMELAND CREATION shall not constitute a waiver of the right to pursue any other available remedies.

15. TIME

Time whenever mentioned in these Terms shall be of the essence.

16. SEVERABILITY

If any one or more provision of these Terms, or any part thereof, shall be declared or adjudged to be illegal, invalid or unenforceable under any applicable law, such illegality, invalidity or unenforceability shall not vitiate any other provision of this these Terms, which shall remain in full force, validity and effect.

17. ENTIRE AGREEMENT

These Terms sets out the entire agreement and understanding between the Parties relating to the subject matter hereof and supersedes any previous oral or written arrangement among the Parties.

18. GOVERNING LAW & JURISDICTION

These Terms shall be governed by and construed in all respects in accordance with laws of Malaysia and the parties hereto irrevocably submit to the jurisdiction of the courts in Malaysia in all matters connected with the respective rights and obligations of the parties hereunder.

19. CONTACTS AND NOTICES

If you have any questions or concerns or require any support or assistance regarding these Terms, the Platforms, or any of the services provided, please contact us at 011-5553 2282.