Agreement to comply

1. The access to or use of the Service is subject to these terms and conditions, including any variation that may be made thereto from time to time (collectively, “Conditions”). The person who accesses or uses any part of the Service shall, by his/her access or use, be deemed to have read, understood and agreed to be bound by the Conditions.
2. A person below the age of majority or of unsound mind who accesses or uses the Service or who provides any personal data, is required to obtain the prior consent of his/her parents/legal guardians. The parents/legal guardians of such person will be deemed to have read, understood and agreed to be bound by the Conditions and be regarded as the person who accesses or uses the Service and had consented to such provision of personal data.
3. A person who does not own or is not the registered holder of the device / telecommunications number that was used to access or use any part of WhatsApp is required to obtain the prior consent of the applicable owner or registered holder, including the prior consent for any provision of his/her personal data. The person whose name/particulars or whose device / telecommunications number was used to access or use any part of WhatsApp will also be deemed to have read, understood and agreed to be bound by the Conditions and be regarded as the person who accesses or uses the Service and had consented to any provision of his/her personal data.
4. The Conditions may be varied at any time and from time to time by the Management without prior notice and without any liability howsoever arising.
5. If the person who accesses or uses any part of the Service does not agree to be bound by any of the Conditions, such person shall not access and/or use, and (where applicable) shall not permit the access and/or use of, any part of the Service.
6. A reference to a “person who accesses or uses the Service” or any similar expression shall, unless the context

Purpose of Service; Query and reply

7. The Service is made available on a goodwill and complimentary basis on the part of The Gardens Mall and the Related Entities and their respective Management, to facilitate a short response in writing on selected queries that may posed by visitors to The Gardens Mall at its concierge desk as received within the operation hours of The Gardens Mall (10:00 am - 10:00 pm on each business day of The Gardens Mall). Any query received after 10:00 pm will only be attended to on the next business day of The Gardens Mall.
8. The order and priority of reply to queries, and the manner and extent for a reply, as well as the time taken for a reply and the decision of whether or not to reply, shall be determined solely by the Management. Any reply may also be varied by the Management from time to time without prior notice and without any reason or liability howsoever arising. The person who accesses or uses the Service, as well as the person whose name/particulars or whose device / telecommunications number was used to access or use any part of WhatsApp, agrees to receive the reply and other matters or materials that may be communicated via the Service from time to time.
9. To facilitate a reply to a query, the query shall only be in writing (type-written in legible font) in Bahasa Malaysia or English language and, as far as it is possible, kept short yet grammatically correct, clear, accurate, complete and is not misleading or capable of being misunderstood. Where a reply is or appears to be incomplete, garbled, unclear or does not answer the intended query, the person who accesses or uses the Service shall seek clarification by issuing a follow-up query(ies). Apart from written communication as aforesaid, the Service does not support any query or reply via voice or video call or recording or through any other media or mode of communication.
10. Any query, matter or material that is received by The Gardens Mall or its Management shall be deemed to have been permitted or issued by and binding upon the person who accesses or uses the Service. Without limiting the generality of the foregoing or the description of persons who has or who may be regarded as having access to or use of the Service, the person whose name/particulars or whose device / telecommunications number was used to access or use any part of WhatsApp and used for the query/communication, shall be deemed to be the person who permitted or issued the query/communication.
11. The reply to a query is intended only for the person who issued the query, and may not be transmitted, broadcasted, transferred, shared or otherwise disclosed to any other person, directly or indirectly, for any reason or purpose whatsoever.
12. The Service may be or become unavailable, suspended or terminated either to one or more or all persons who may access or use the Service, at any time and from time to time, and without prior notice and without any liability howsoever arising.

Costs and charges may apply

13. Although The Gardens Mall and the Related Entities do not impose a charge on the person who accesses or uses the Service, the access or use of the Service could attract charges and other sums that may be payable to and collected solely by a third party(ies), for example: a telecommunications or network service or infrastructure provider, a provider of utilities or other facilities, etc.. All such charges and other sums shall be borne in full by the person who accesses or uses the Service.

Dependence on third parties and compliance with third parties’ terms and conditions and applicable laws/regulations

14. The access to and use of the Service depend upon and are affected by factors or circumstances that are beyond the control of The Gardens Mall and the Related Entities and their respective Management and for which The Gardens Mall and the Related Entities and their respective Management shall have no liability whatsoever and howsoever arising (including negligence). This includes (without limitation) the risks of security, safety, reliability, delay, virus and otherwise in respect of telecommunications, utilities and other facilities, and the state, condition, compatibility, features and specification of the device/equipment, the telecommunications service, and other hardware or software that is/are used to access or use any part of WhatsApp or the Service.
15. The access to and use of the Service are also subject to terms and conditions determined or varied from time to time by third parties who may include (but not limited) the manufacturer of a device / equipment, the telecommunications, contents or network service or infrastructure provider and the owner/administrator/operator of WhatsApp. The person who accesses or uses the Service shall duly comply with such terms and conditions, and shall not do or allow anything to be done that may infringe or adversely affect the due compliance of any of such terms or conditions, or which may cause The Gardens Mall or any Related Entity or their respective Management to infringe or adversely affect or be in breach of any obligation, duty, covenant or otherwise that may be owing from time to time to any such third party(ies).
16. Laws or regulations concerning or which may affect the access or use of the Service from time to time shall also govern the access or use of the Service. The person who accesses or uses the Service shall duly comply with such laws and regulations and shall not do or allow anything to be done that may infringe or adversely affect the due compliance of any of such laws or regulations, or which may cause The Gardens Mall or any Related Entity or their respective Management to infringe or adversely affect or be in breach of any such laws or regulations.

Property of and relation to the applicable Related Entity and/or third parties

17. The reply (including the contents therein) to a query may contain intellectual property and other rights or interests of a Related Entity and/or of a third party(ies); all such rights and interests shall at all times belong absolutely to the Related Entity or the third party(ies) concerned. The person who accesses or uses the Service shall not do or allow anything to be done that may infringe or adversely affect any of such right or interest of the Related Entity or the third party(ies) concerned, or which may cause The Gardens Mall or any Related Entity or their respective Management to infringe or adversely affect or be in breach of any obligation, duty, covenant or otherwise that may be owing from time to time to any such third party(ies).
18. The Gardens Mall and the Related Entities and their respective Management are not an agent or partner of, or in any joint venture or similar relationship whatsoever with, any third party(ies) that may be referred to in the reply to a query. Without limiting the generality of the foregoing, The Gardens Mall and the Related Entities and their respective Management do not make any representation, warranty, endorsement or recommendation on the quality, safety, suitability, satisfaction or otherwise of any good or service at or provided by the third party(ies); and the person who accesses or uses the Service shall waive/disclaim (and shall further ensure that persons claiming through or under such person or whom may be affected by the Service will waive/disclaim) all claims, complaints, liabilities, disputes, inconvenience, embarrassment, distress, injury, death or otherwise whatsoever and howsoever arising, including negligence, that may be suffered directly or indirectly.

Resolution of issues / disputes

19. The Management is entitled (but not obliged to) resolve and decide upon issues or disputes arising from or in connection with any part of the Service. Any such resolution or decision (including any variation, unavailability, suspension or termination of any part of the Service) shall be final, binding and conclusive upon the person who accesses or uses the Service and/or persons claiming through or under such person or whom may be affected by such issues, disputes, resolution or decision. The person who accesses or uses the Service shall indemnify and hold harmless The Gardens Mall and the Related Entities and their respective Management from and against all consequences whatsoever and howsoever arising in connection with the access or use of (or inability to access or use) the Service, and/or the aforesaid issues, disputes resolution and/or decision.
20. The laws of Malaysia shall apply in the interpretation of the Conditions and resolution of any dispute arising from the Conditions.
21. In the event any dispute is referred to any authority for resolution, the courts of Malaysia and (where applicable) other relevant authorities in Malaysia shall have exclusive jurisdiction to hear and resolve such dispute.

Indemnity

22. Without limiting the generality of the provisions of the other Conditions, the access and use of the Service and all matters related or incidental thereto shall be at the sole risk, cost and expense of the person who accesses or uses the Service.
23. Notwithstanding anything to the contrary, the person who accesses or uses any part of the Service shall (and shall ensure that any persons claiming through or under such person or whom may be affected by the Service will) indemnify, release and hold harmless The Gardens Mall and the Related Entities and their respective Management from and against:
    1. and further agree that The Gardens Mall and the Related Entities and the respective Management shall not be liable or obligated whatsoever for, any incident, accident, injury, death, casualty, loss or damage to any property or person or thing of whatsoever nature or kind, complaints, liabilities, disputes, inconvenience, embarrassment, distress, loss of business/income/profits, claims, proceedings, actions, investigations, inquiries, fines or other cost and expenses or otherwise (including negligence), whether consequential, special, pecuniary, punitive, directly or indirectly, arising from or in connection with such person’s access to or use of the Service.
    2. all loss, damage, costs (including legal costs on a solicitor-client basis), claims, proceedings, actions, investigations, inquiries, liabilities, fines or other expenses whatsoever incurred or sustained or which may be incurred or sustained by The Gardens Mall or a Related Entity or their respective Management as a consequence of any breach or non-observance of the any part of the Conditions, any other act, default, omission or negligence of or which is attributable to such persons, and/or in the enforcement of any provision of the Conditions.

Miscellaneous

24. The expression “Management” means the directors, officers, employees, staff and/or representative of The Gardens Mall or of the respective Related Entities, as the case may be. The expression “Related Entities” or “Related Entity” means MTrustee Berhad (as trustee for IGB Real Estate Investment Trust) and/or any of the companies/entities that own, manage, operate or administer the affairs of or for The Gardens Mall (including without limitation the management, administration or operation of any part of the Service) or (where applicable) which is/are comprised in the group of companies of IGB Berhad (formerly known as Goldis Berhad).
25. Any part of the Conditions that is not enforceable shall be severed from these terms and conditions, and the remaining parts thereof shall remain in full force and effect.
26. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Conditions or any part thereof.
27. Personal Data Protection Act 2010 / Akta Perlindungan Data Peribadi 2010 (“PDPA”)
    Privacy Policy and Notice
    Please refer to our privacy policy: https://www.thegardensmall.com.my/privacy-policy
    Sila rujuk polisi peribadi kami di sini: https://www.thegardensmall.com.my/polisi-peribadi