| (a) |
These Terms and Conditions apply to any person who accesses, participates and/or plays the Games (as defined below).
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| (b) |
For the purposes of these Terms and Conditions, “you” or “Participant” shall refer to any person who accesses, participates and/or plays the Games. The Games is organized, administered and maintained by EcoWorld.
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| (c) |
For the purposes of these Terms and Conditions, “we”, “us”, “our” or “EcoWorld” means Eco World Development Group Bhd (Company No. 197401000725 (17777-V), its related corporations, associates, affiliates and joint development companies. |
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| 1. |
APPLICATION
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| 1.1 |
By registering at the Duduk Website (as defined below), accessing, participating and/or playing or continuing to access, participate and/or play the Games, you hereby represent and warrant that you have read, understood and agreed to be bound by these Terms and Conditions and other guidelines and policies as may be formulated by us from time to time. In addition to these Terms and Conditions, you shall observe the Terms and Conditions and the Privacy Notice as published on the Duduk Website and you shall be deemed to have accepted such Terms and Conditions and Privacy Notice when accessing, participating and/or playing the Games.
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| 1.2 |
You agree to access, participate and/or play the Games at your own risk. If at any time you do not accept any or all of these Terms and Conditions, you shall immediately discontinue all access to the Games failing which you shall be deemed to have agreed to be bound by these Terms and Conditions.
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| 2. |
INTERPRETATIONS
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| 2.1 |
In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:
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| |
| “Business Day” |
means any day excluding Saturdays, Sundays and public holidays on which banks are open for general banking business in Selangor and Kuala Lumpur;
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| “Campaign Period” |
means the period of time during which the Games is available for the Participant to participate in;
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| “Duduk Microsite” |
means the microsite at www.duduk.my/seruang_huni;
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| “Duduk Projects” |
means the following housing development projects of EcoWorld:
(a) Huni D’Eco Ardence located in Setia Alam; and
(b) Se.Ruang D’Eco Sanctuary located in Kota Kemuning;
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| “Duduk Website” |
means the website at duduk.my, and any subdomains and components thereof, maintained by EcoWorld;
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| “Games” |
means the online games organized, administered and maintained by EcoWorld at the Duduk Microsite;
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| “Rewards” |
means the points rewarded to the Participant after successfully completing the relevant level in the Games; and
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| “RM” |
means Ringgit Malaysia, the lawful currency of Malaysia.
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| 2.2 |
In these Terms and Conditions, unless the context otherwise requires:
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| |
| (a) |
any reference to “person” includes any individual, corporation, partnership, limited partnership, proprietorship, association, limited liability company, firm, trust, estate or other enterprise or entity;
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| (b) |
the headings are inserted for convenience only and shall not affect the construction of these Terms and Conditions;
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| (c) |
words importing the singular include the plural and vice versa and words importing a gender include every gender;
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| (d) |
where a word or phrase is given a defined meaning in these Terms and Conditions any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
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| (e) |
no rule of construction applies to the disadvantage of a party because the party was responsible for the preparation of these Terms and Conditions;
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| (f) |
any reference to "writing", or cognate expressions, includes any communication effected by electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat;
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| (g) |
if any period of time is specified from a given day, or the day of a given act or event, it is to be calculated inclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day;
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| (h) |
any reference to a “day” is to that day beginning at 00:00 and ending at 23:59.
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| 3. |
ELIGIBILITY
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| 3.1 |
The Campaign Period shall be determined by EcoWorld at its sole discretion which period of time shall be as published by EcoWorld on the Duduk Microsite and may be shortened or extended from time to time at the sole discretion of EcoWorld.
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| 3.2 |
EcoWorld reserves the right to suspend or discontinue the Games at any time as it deems appropriate without providing any reasons thereof.
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| 3.3 |
Any person who is above the age of eighteen and of sound mind may become a Participant, by registering on the Duduk Website.
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| 3.4 |
The Participant shall provide accurate and complete information as requested during the registration process. The Participant shall be responsible for ensuring that the Participant’s information is accurate, remains up to date and not misleading. Failure to do so may constitute a breach of these Terms and Conditions which may result in, at the sole and absolute discretion of EcoWorld, immediate disqualification of the Participant from the Games.
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| 3.5 |
The Participant shall safeguard his/her login credentials to the Games. Any login to the Games using the Participant’s login credentials shall be deemed to have been made by the Participant. The Participant shall not share his/her login credentials with any third parties. The Participant agrees to immediately notify EcoWorld in writing of any unauthorized use or access to the Games by using the Participant’s login details.
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| 3.6 |
One Participant may only register for one account on the Duduk Website. The Participant shall not register or participate in the Games on behalf of a third party.
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| 3.7 |
EcoWorld reserves the right to disqualify, suspend and/or terminate the Participant’s access to or participation in the Games if EcoWorld is of the opinion that the Participant does not have the relevant capacity or authority to access, participate and/or play the Games.
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| 3.8 |
Without prejudice to Clause 3.7, EcoWorld may immediately terminate the Participant’s account on the DuDuk Website at EcoWorld’s absolute discretion for reasons which include but are not limited to the following circumstances without any prior notice or assigning any reason thereof:
| (a) |
the Participant breaches any provisions of these Terms and Conditions; |
| (b) |
the Participant engages in any fraudulent conducts in respect of the Games; or |
| (c) |
if EcoWorld detects or suspects any unusual, irregular, suspicious, fraudulent or illegal activity or misuse or unauthorized use of the Games or any misconduct, on the part of the Participant. |
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| 3.9 |
Upon termination under Clause 3.8, the Participant shall immediately cease all use, access and participation of the Games and the Participant’s right and license to access and use of and participate in the Games shall immediately cease and all Rewards shall be forfeited.
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| 3.10 |
Save as otherwise expressly provided herein, all provisions of these Terms and Conditions which by their nature should survive termination will survive termination, including without limitation privacy notice, warranties, indemnities, disclaimers, and exclusion of liability. EcoWorld reserves all other available rights and remedies in contract, law or equity.
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| 4. |
PRIVACY NOTICE
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| |
The Participant represents and warrants that he/she has read, understood and agreed to be bound by the privacy notice on the Duduk Website (“Privacy Notice”) at https://www.duduk.my/index.php/privacy_notice and the Participant hereby agrees and consents to EcoWorld collecting, using, disclosing, storing and processing the Participant’s personal data in accordance with the terms and conditions set out in the Privacy Notice.
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| 5. |
CONTROL
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The Participant agrees and acknowledges that:
| (a) |
EcoWorld reserves the right to amend, revise, supplement and/or vary these Terms and Conditions at any time and from time to time at its sole discretion without prior notice by publishing the latest version of these Terms and Conditions on the Duduk Website. Any changes will be effective immediately when published and your continued access, participation and/or playing of the Games subsequent to any changes made shall be deemed as your agreement and acceptance of the same. You should visit this page periodically to review the Terms and Conditions for the time being in force; and
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| (b) |
the decision by EcoWorld in relation to any issues arising from the permitted use of the Games and utilization of the Rewards shall be final and binding on the Participant and the Participant shall not have any claim whatsoever or howsoever arising from such decision against EcoWorld.
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| 6. |
MECHANICS OF THE GAMES
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| 6.1 |
The Participant shall complete each level of the Games in consequential order in order to win Rewards.
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| 6.2 |
Upon completion of each Levels 2, 4, 6, 8 and 10 in the Games, the Participant will be rewarded the Rewards as indicated on the User Dashboard in the Duduk Microsite upon completion of the relevant level. The Rewards are not assignable or transferable by the Participant to any third party. Any utilization of any part but not all of the Rewards by the Participant shall be based on the fractions that are permitted by EcoWorld.
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| 7. |
REWARDS UTILISATION
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| 7.1 |
The Rewards may only be utilized for the purchase of any properties under the Duduk Projects in accordance with Clause 7. If the Rewards is not so utilized, it shall be automatically forfeited at the end of the Campaign Period without any compensation of any nature to the Participant.
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| 7.2 |
Where the Participant has won the Rewards in the Games, as shown on the User Dashboard in the Duduk Microsite, the Participant may utilize the Rewards for the purchase of any properties under the Duduk Projects at the designated EcoWorld Sales Gallery subject to Clause 7.4, where the deposit payable for each property shall be deducted by an amount equivalent to the amount of Rewards earned (subject to a limit of up to RM4,000.00 only for each property).
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| 7.3 |
For the avoidance of doubt, the Rewards (a) shall be used to set off against the deposit for the property(ies) only ; (b) shall be non-transferable; (c) shall be non-exchangeable for cash, credit or any other items; (d) shall not be treated as a debt owed by EcoWorld to the Participant; and (e) shall not be used to set off against any other payment obligations of the Participant to the EcoWorld.
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| 7.4 |
Regardless of the number of accounts the Participant may have signed up or the number of Rewards the Participant may have won, the Participant may only use one of his/her account of Rewards to set off against the deposit of up to five (5) units of properties under each of the housing development projects under the Duduk Projects purchased by the Participant, and the remaining Rewards shall be automatically forfeited thereafter.
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| 8. |
DISCLAIMER
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| 8.1 |
Nothing on the Duduk Microsite shall be regarded as an offer, solicitation, invitation, advice and/or recommendation from EcoWorld to apply, buy, sell, subscribe for or dispose of any products or services.
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| 8.2 |
The Participant acknowledges and confirms that EcoWorld does not provide any kind of warranty whether express, implied or statutory
| (a) |
that the Duduk Microsite and the Games are safe or free from virus, bug, ransomware, Trojan, worm, malware and other disrupting codes;
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| (b) |
on the functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose and non-infringement of proprietary rights and laws, of the Duduk Microsite and the Games and any contents therein;
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| (c) |
that the Duduk Microsite and the Games will always be available, uninterrupted, complete, accurate, reliable, timely, safe, secure or error-free, or that the Duduk Microsite and the Games will always function without disruptions, delays or imperfections, or are free of all defects, errors, viruses, bugs, or other harmful or corrupting codes, or that defects will be corrected, or that the download, installation or use of any software or content of the Duduk Microsite and/or the Games in or with any computer, device and/or equipment will not affect the functionality or performance of the computer, device and/or equipment; and
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| (d) |
that the Duduk Microsite and the Games will be protected against any malicious attack and that data will not be compromised under such attack.
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| 8.3 |
The Participant agrees and confirms that he/she is using, accessing and/or participating in the Duduk Microsite and the Games at his/her own risk and expense.
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| 8.4 |
EcoWorld shall not be liable for any delay in performance or non-performance of any of EcoWorld’s obligations under these Terms and Conditions to the extent that the delay or non-performance is due to any event or circumstances beyond EcoWorld’s control (i.e. event of force majeure) (including without limitation to acts of God, war, threat of war, act of terrorism, interruption of traffic, movement control or restriction, strikes, lock-out, inclement weather, natural disasters, epidemic, pandemic, fires, floods, malicious damage, breakdown of internet service, governmental order, mechanical, electronic or communications failures or degradations). Upon the occurrence of an event of force majeure, EcoWorld may at its sole discretion fully or partially suspend or discontinue the Duduk Microsite and the Games, or terminate the Participant’s account with immediate effect, or extend the time period for the fulfilment of its obligations under these Terms and Conditions, and EcoWorld shall not be liable to the Participant for any loss, damage, penalty, demand, claim, fines, costs and expenses suffered or incurred by any person.
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| 8.5 |
The Participant hereby irrevocably and unconditionally releases EcoWorld, EcoWorld’s directors, employees, agents and servants and affiliates from any actions, proceedings, claims, demands, losses, damages, fines, penalties, costs and expenses arising out of or in anyway connected with any claim that the Participant may have under these Terms and Conditions.
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| 8.6 |
EcoWorld shall not be liable to the Participant or any other person for any actions, proceedings, claims, demands, losses, damages, fines, penalties, costs and expenses (including but not limited to direct, indirect, special or consequential damages, economic loss, loss of profits, loss of opportunity or incidental damages) of whatsoever nature and howsoever caused (whether in contract, tort, negligence or otherwise) in connection with any interruption or unavailability of the Duduk Microsite and/or the Games, the Participant’s access, use or participation of the Duduk Microsite and/or the Games for whatever reason or from any delay or error in any transmission or communication pertaining to the Participant’s access, use or participation of the Duduk Microsite and/or the Games.
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| 8.7 |
EcoWorld reserves the right to seek all remedies available legally and in equity for violation of these Terms and Conditions by the Participant.
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| 9. |
GENERAL
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| 9.1 |
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the Courts in Malaysia.
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| 9.2 |
Ecoworld shall not be liable to the Participant and the Participant agrees to indemnify and keep indemnified in full EcoWorld, its officers, directors, employees, agents and representatives against all actions, proceedings, claims, demands, losses, costs, expenses (including all legal costs on an indemnity basis), damages, liabilities, fines, penalties, demands or claims of any nature whatsoever that may be suffered by or incurred by EcoWorld as a result of (whether directly or indirectly) any of the following:
| (a) |
any act, omission, breaches, default, negligence, mistake or fraud on the part of the Participant;
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| (b) |
any breach of these Terms and Conditions by the Participant; or
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| (c) |
any fraudulent act or misconduct of the Participant.
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| 9.3 |
The Participant agrees that he/she may receive electronic notices from EcoWorld, either through the Duduk Website, Duduk Microsite or his/her email address registered with EcoWorld. Notices are effective when published or sent (as the case may be).
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| 9.4 |
No failure on the part of EcoWorld to exercise any power, right or remedy under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any power, right or remedy preclude any other or further exercise thereof or the exercise of any power, right or remedy. The remedies provided in these Terms and Conditions are cumulative and are not exclusive of any remedy provided by law.
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| 9.5 |
If any term covenant or condition of these Terms and Conditions shall be or become invalid or unenforceable, the remaining terms, covenants or conditions shall not be affected thereby and each remaining term, covenant or condition of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
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| 9.6 |
The Participant shall not assign, transfer and novate any of his/her rights and obligations under these Terms and Conditions to any third party without EcoWorld’s prior written consent, which consent shall be at EcoWorld’s sole discretion.
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| 9.7 |
Time wherever mentioned shall be of the essence of these Terms and Conditions.
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| 9.8 |
Any notice which is required or permitted to be given by one party to the other may be given as follows:
| (a) |
by hand whereby it shall be deemed delivered on the day of acknowledgement of receipt; or
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| (b) |
by registered mail whereby it shall be deemed to have been received three (3) Business Days after posting and in proving the same it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted; or
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| (c) |
by facsimile or email transmission whereby it shall be deemed delivered on the same day of the transmission of such notice provided that such day is a Business Day at the time of deemed receipt (which shall be received before 5p.m. local KL time) and if it is not, such notice shall be deemed to be served on the next succeeding Business Day and provided further that, in either case, confirmation of its transmission in full without error has been recorded is received by the sender.
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| 9.9 |
The Terms and Conditions herein shall constitute the entire agreement and understanding between the parties with respect to the subject matter hereto and shall supersede all prior presentations, agreements, statements and understandings, whether verbal or in writing. |
