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Index

  1. Acknowledgement and Acceptance of General Terms
  2. Your Obligations and Responsibilities as User of Website
  3. Disclaimer
  4. Reservation of Rights
  5. Intellectual Property and Proprietary Rights
  6. Non-Confidentiality
  7. UserID and Password
  8. Third Party Products and Services
  9. Linking Policy
  10. Links to Website
  11. Advertising
  12. Amendments to Terms
  13. Exclusion of Liability
  14. Violation of Terms & Conditions
  15. Indemnity
  16. Privacy Policy
  17. Governing Law

HEKTAR REAL ESTATE INVESTMENT TRUST
GENERAL WEBSITE TERMS & CONDITIONS AND DISCLAIMER

Foreword
The past performance of Hektar Real Estate Investment Trust ("Hektar REIT") is not indicative of the future performance of Hektar REIT. Likewise, the past performance of the manager for Hektar REIT, Hektar Asset Management Sdn Bhd ("Manager") is not indicative of the future performance of the Manager.

The value of units in Hektar REIT ("Units") and the income derived from them may fluctuate. Units are not obligations of, deposits in, or guaranteed by, the Manager. An investment in Units is subject to investment risks, including the possible loss of the principal amount invested. Investors have no right to request that the Manager redeem or purchase 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 ("Bursa Securities"). Listing of the Units on the Bursa Securities does not guarantee a liquid market for the Units.

This website may contain forward-looking statements that involve assumptions, risks and uncertainties. Actual future performance, outcomes and results may differ materially from those expressed in forward-looking statements as a result of a number of risks, uncertainties and assumptions. Representative examples of these factors include (without limitation) general industry and economic conditions, interest rate trends, cost of capital and capital availability, competition from other developments or companies, shifts in expected levels of occupancy rate, property rental income, charge out collections, changes in operating expenses (including employee wages, benefits and training costs), governmental and public policy changes and the continued availability of financing in the amounts and the terms necessary to support future business.

You are cautioned not to place undue reliance on these forward-looking statements, which are based on the current view of management on future events.

1.             Acknowledgement and Acceptance of General Terms

1.1          The use of the Hektar REIT website is subject to the following terms and conditions as specified by the Manager. A reference to "this website" is to the website on the Internet which is owned and operated by and which is presently at www.HektarREIT.com and/or such other URLs as may be designated by the Manager from time to time, including but not limited to the information, data, text, images, links, sounds, graphics and video sequences displayed herein ("Materials") and the services offered herein ("Services").

1.2          By accessing this website and/or using the Services, you agree to be bound by the terms and conditions below ("Terms") and any operating rules or policies that may be published from time to time by the Manager and/or made available at this website. The provision of a specific Service may in addition be subject to additional terms and conditions specified by the Manager or set out in this website, the provisions of which shall prevail over these Terms in relation to such specific Service, in the event of any conflict or inconsistency.

1.3          You can access and browse this website without disclosing your personal data. The service and links of this website may include links to third party websites.

1.4          Owing to the global nature of the internet infrastructure, any information you may provide on this website may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions. By submitting your information you consent to these transfers.

1.5          If you do not agree to any of these Terms, please discontinue your access to this website immediately.

2.             Your Obligations and Responsibilities as User of Website

2.1          By accessing this website, you agree and shall be responsible:-

(a)           to comply fully with all the directions and/or instructions issued by the Manager from time to time in respect of the use of this website;
(b)           to abide by all applicable laws and regulations in the use of this website;
(c)           not to share or disclose your UserID and Password (defined below) to any other party;
(d)           not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(e)           not to upload or distribute in any way files which you know or have reason to suspect 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;
(f)            not to gather and use the information and/or particulars posted or transmitted through this website for unsolicited advertising or other unauthorised purposes;
(g)           not to use this website and/or the Services for illegal purposes;
(h)           not to post, promote or transmit information through this website which may infringe the rights of any third party, whether in statute or 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; and
(i)            not to post, promote or transmit through this website any unlawful, harassing, libelous, defamatory, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

2.2          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 HEKTAR REIT website become available, the Manager 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 the Manager, the Manager may reject your transactions, or process your transactions incorrectly, or you may not be able to obtain access to all features and/or Services available, and the Manager shall not be held liable as a result thereof.

3.             Disclaimer

3.1          This website is provided on an "as is" and "as available" basis. The Manager does not warrant represent and/or undertake the accuracy, timeliness, currentness, adequacy or completeness of this website, including without limitation the Materials, and expressly disclaims liability for errors or omissions in the Materials. No warranty representation or undertaking of any kind, implied, express or statutory, including but not limited to the warranties representations or undertakings of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with this website, the Materials and the Services. The Manager may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, this website and/or any information, Services or products provided herein and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing this website, Materials and/or Services or any part or feature thereof. The information and/or any other Material contained in this website may be modified, deleted or replaced from time to time and at any time in the absolute discretion of the Manager.

3.2          The Manager does not warrant that the Materials or this website will be provided uninterrupted or free from errors or that any identified defect will be corrected; further, no warranty is given that this website and the Materials are free from any virus or other malicious, destructive or corrupting code, programme or macro.

3.3          The information and data contained in this website are for informative and educational purposes only and are not intended to provide investment advice of any form or kind, and shall not at any time be relied upon as such. The information and data are of a general nature which have not been verified, considered or assessed by the Manager in relation to the making of any specific investment, business or commercial decision. You should at all times consult your professional advisers and obtain independent verification of the information and data contained herein before making any decision based on any such information or data.

3.4          Nothing on this website shall be considered or construed as the giving of any advice in respect of, shares, stocks, bonds, notes, interests, unit trusts, property trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.

3.5          The Manager shall not in any circumstances 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 delivering of the Materials or any part thereof.

3.6          The Manager disclaims any liability pertaining to the consequences of any errors or omissions. In no event shall the Manager 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, notwithstanding having been advised of the possibility of such damages.

4.             Reservation of Rights

The Manager reserves the right, but shall not be obliged to:-
(i)            monitor, screen, moderate, edit, censor, or otherwise control any activity, content or material including, without limitation, discussions, chats, postings, transmissions, forums, message boards, bulletin boards, and the like on this website;
(ii)           investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
(iii)          in its absolute discretion, and without stipulating any reason, prevent or restrict your access to this website or any part thereof;
(iv)          in its absolute discretion, and without stipulating any reason, stop, suspend, modify, delete or edit any Materials appearing on this website or part thereof;
(v)           request from you information and data relevant to your use of this website and/or the Services at any time and to exercise its rights under this clause if you refuse to divulge such information and/or data or if the Manager has reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data; and
(vi)          report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.

5.             Intellectual Property and Proprietary Rights

5.1          The copyright in this website is owned by the Manager and/or its licensors, merchants and/or service providers. No part of this website hereof may be reproduced, distributed, republished, displayed, broadcasted, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of the Manager and/or the copyright owner provided that permission is granted to download and print the Materials on this website for personal, non-commercial use only provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You also may not, without the Manager’s permission, insert a hyperlink to this website on any other website or "mirror" any Materials contained on this website on any other server.

5.2          The trade marks, service marks, and logo ("Trade Marks") used and displayed on this website are registered and unregistered Trade Marks of the Manager and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of the Manager or other Trade Mark owner. The Manager aggressively enforces its intellectual property rights to the fullest extent of the law. The Manager prohibits the use of the Trade Marks, the name of HEKTAR REIT or any other trade mark owned by the Manager as a "hot" link to any website unless establishment of such a link is approved in advance by the Manager in writing.

6.             Non-Confidentiality

You agree that all information and/or particulars sent or submitted by you through this website is non-confidential and non-proprietary unless otherwise expressly indicated in writing by you and may be used by the Manager in accordance with the Privacy Policy displayed in Clause 16 herein, as may be amended from time to time by the Manager. You hereby consent to the disclosure by the Manager of all information and particulars to third parties without further notice to you. You further undertake not to submit any information and/or other materials which are or may be offensive, illegal or which may not be lawfully disseminated under the laws of Malaysia or any other relevant country.

7.             UserID and Password

7.1          You may gain access to non-public areas of this website and/or the Services only if you have been provided by the Manager with (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. The Manager may at any time in its sole and absolute discretion forthwith invalidate the UserID and/or Password without assigning any reason here fore, 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. Your UserID and Password issued by the Manager may be transmitted by e-mail, through this website or despatched by the Manager to you at the email or postal address you have provided in the registration process or your last known email or postal address or may be collected by you as the case may be, at your own risk.

7.2          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 the Manager). The Manager shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of the UserID and/or Password and/or performing any transactions and/or obtaining and/or making any payment of any monies belonging to you. If you believe that the security of your UserID and/or Password has been compromised, you shall forthwith notify the Manager and obtain a new UserID and/or Password.

7.3          Any use of or access to this website and any information, data, instructions 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 the Manager, it's 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 the Manager 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.

7.4          You acknowledge that unless you receive confirmation of receipt from the Manager (whether by email, posted on-line or otherwise), your instructions and/or communications may not have been received and accordingly, may not be carried out. The Manager 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 instructions, operations or transactions effected by you or purported to be effected by you through this website howsoever caused including but not limited to your non-compliance with the Manager’s instructions and the Manager’s inability to provide the Services and/or Materials as a result of malfunction, partial or total failure of any data processing system, security system, computer teletransmission or telecommunications system or other circumstances beyond the control of the Manager.

8.             Third Party Products and Services

8.1          The Manager may, from time to time, permit 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. The Manager 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 the Manager, and shall be subject to the terms and conditions of the individual third parties. The Manager shall not be a party to any contracts for such products and/or services.

8.2          The Manager 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.

9.             Linking Policy

9.1          You are requested to note that all links from this website ("Linked Sites") are provided for your convenience only.

9.2          The information and contents that may be viewed by you at a Linked Site, including any amendments or updates thereto, are not controlled, reviewed or approved by the Manager and shall not be deemed to be provided by the Manager. You are requested to note that the Manager is not responsible for, nor does it make any representations or warranties of any kind as to the contents of the Linked Sites.

9.3          The inclusion of hyperlinks to Linked Sites is not an indication of endorsement by the Manager of the Linked Sites or any part of its contents. The Manager expressly disclaims any liability for any loss or damage incurred or suffered by you or any third party arising out of, in connection with or as a result of this linkage.

9.4          The Manager reserves the right at all times and at its discretion to disable any unauthorized links or frames from this website.

10.          Links to Website

10.1        The establishment of links to this website is subject always to the terms and conditions hereinafter stated.

10.2        The link must be a text-only link clearly marked "Hektar REIT" or www.HektarREIT.com and must "point" to the URL http://www.HektarREIT.com.

10.3        You are to take the necessary care to ensure the following:-

    1. that the link or any part thereof does not damage or dilute the goodwill associated with the Hektar REIT’s or the Manager’s name and marks, and where applicable, that of its group of companies;
    2. that the link or any part thereof does not create or imply the false appearance of being associated with or sponsored by the Manager. To this end, the creation of a link shall not at any time be an indication of the Manager’s endorsement of or co-operation with the linked website;
    3. that the link, when activated, must display this website in full-screen format and not within a frame on the linked website;
    4. that 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.

10.4        No other use of Hektar REIT’s or the Manager’s names or marks is permitted without the express prior written permission of the Manager.

10.5        The Manager shall not be liable for any loss or damage incurred or suffered by you or any third party arising from or in connection with a link from this website. To this end, the Manager 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.

10.6        The Manager reserves the right at any time and at its sole discretion without having to assign any reasons therefor, 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.

10.7        Notwithstanding anything hereinbefore contained, linking to any part or specific parts of the Materials shall not at any time be permitted, unless otherwise and expressly determined by the Manager.

11.          Advertising

11.1        This website may contain advertisements or other information and material on products or services relating to or provided by third parties ("Third Party Information"). Third Party Information may contain embedded hyperlinks to websites owned and operated by the relevant third parties, their licensees or agents. The Manager does not make any representation or warranty of any kind in respect of the Third Party Information, and shall not be held accountable for any loss or damage arising from any acts, errors or omission arising from the Third Party Information, or the linked websites of the relevant third parties.

11.2        The Manager does not at any time recommend, endorse or offer the products or services advertised via the Third Party Information. You shall acknowledge that such products or services are not offered by the Manager, and the Manager shall not be responsible for any products or services purchased on the third party website.

12.          Amendments to Terms

The Manager may impose such further terms and conditions and make such amendments to these Terms as the Manager may in its discretion deem fit from time to time. The Manager will notify you of such amendments by posting the amendments on-line at this website or such other method of notification as may be designated by the Manager, which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall cease all access and/or use of this website and/or Services. You further agree that if you continue to use and/or access this website and/or Services after being notified of such amendments to these Terms, such use and/or access shall constitute an affirmative:- (1) acknowledgement by you of these Terms and its amendments; and (2) agreement by you to abide and be bound by these Terms and its amendments.

13.          Exclusion of Liability

The Manager shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:

(a)           any access, use or the inability to access or use this website and/or the Services provided therein, or reliance on the Materials and/or any information in this website;

(b)           any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;

(c)           any use of or access to any other website linked to this website; and

(d)           any Services, products, information, data, software or other material obtained from this website or from any other website linked to this website,

even if the Manager or its agents or employees were previously advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at your own risk. This exclusion clause shall take effect to the fullest extent permitted by law.

14.          Violation of Terms & Conditions

The Manager 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. The Manager further reserves the right to determine whether or not you have committed any violation of the terms & conditions herein. The Manager’s failure 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 right.

15.          Indemnity

You must indemnify the Manager and/or its group of companies and hold the Manager and/or its group of companies harmless against all loss, costs, damages, expenses and liability arising from:-

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

16.          Privacy Policy

16.1        This Privacy Policy is current as of May 2013. The Manager values its relationship with you and is committed to extending the following Privacy Policy to you in consideration of your acceptance of, and subject at all times to the Terms.

16.2        The Manager will use its reasonable endeavours to limit the use and disclosure of information provided by you:

(i)            to the purposes for which the Manager originally requested such information from you and other related purposes; and
(ii)           to what the Manager deems necessary to administer Hektar REIT's business and to provide Services to you.

16.3        The Manager will not sell your information to anyone.

16.4        Notwithstanding anything to the contrary, the Manager reserves its rights to use and/or disclose your information where such use and/or disclosure is required under law, for cooperation with regulatory, law enforcement and other governmental bodies or authorities, to provide Services or enable third parties to provide Services to you, to perform credit checks, financial assessments, to protect the Manager’s rights or property, or upon the request of third party service providers whose products or services are offered through this website.

17.          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 Manager's records 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.

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