The Terms and Conditions specified herein shall govern all users of www.auctionking.net (KEN AUCTIONING MARKETING Website)

These terms and conditions apply to all online bidding at auction sales conducted by or in conjunction with PUBLIC BANK BERHAD/PUBLIC ISLAMIC BANK BERHAD ("Online Public Auction"). By registering to participate, bidding or purchasing in a PUBLIC BANK BERHAD/PUBLIC ISLAMIC BANK BERHAD auction sale via Online Public Auction, you expressly agree to be bound by these terms and conditions in full.

1. REQUIREMENT ON ELIGIBILITY AND REGISTRATION OF E-BIDDERS

1.1. Any interested party who intends to participate in the online public auction ("E-Bidders") auction may do so by logging onto KEN AUCTIONING MARKETING Website and register as user.

1.2. To participate in the online public auction, the party shall:

a) for an individual: be of 18 years and above, of sound mind and not a bankrupt;

b) for a corporate body: be incorporated under the laws of Malaysia and must not be in liquidation and be able to take, fulfil and perform all necessary actions, conditions and matters (including obtaining any necessary consents) in terms of law to enable E-bidders to participate in the public auction and complete the purchase in the event of successful bid.

1.3. To register as a user, a party is required to submit/upload the following documents through KEN AUCTIONING MARKETING Website:

a) Individual: Photocopy of NRIC/Passport

b) Corporate:

i) Memorandum and Articles of Association/Constitution of company

ii) Board of Directors Resolution

iii) Form 24, Form 44, From 49 or equivalent under the Companies Act 2016 or other applicable laws and a duly signed Board of Director's Resolution.

1.4. E-Bidders eligibility requirements are also subject to the existing Federal and State legal provisions. Foreign nationals or companies are also advised to take note of restrictions applicable on foreign purchase imposed by the relevant authorities.

1.5. E-Bidders only need to register once with true, current and accurate information provided and this registration can be applied for future auctions on KEN AUCTIONING MARKETING Website.

1.6. E-bidders are responsible to identify the property correctly and to ensure that all the details and description are correct and accurate before bidding.

1.7. It is the sole and absolute responsibility of all intending E-Bidders and at the E-Bidders' own costs and expenses, seek and obtain from the Developer and/or the relevant authorities or bodies, all confirmations and/or consents as may be required or as may be applicable in respect of the purchase of the Property and to satisfy themselves on the physical condition of the Property and all matters in connection with the Property prior to the bidding (including and not limited to verifying the identity, particulars, state and condition of the Property and the terms of the conditions and restrictions affecting the Property if any, whether or not the Property is reserved for Bumiputera or Malay Reserved only and/or is a low cost property, and matters relating to the ownership and transfer of the Property, the status of the separate document of title to the Property and its particulars, the liabilities including amounts of outstanding service or maintenance charges owing and other obligations pertaining to the Property and the E-bidders' eligibility and qualification to purchase the Property). E-Bidders shall be deemed to have full knowledge of all of the matters aforesaid. The Auctioneer, the Assignee/Bank, the Assignee/Bank's solicitors, KEN AUCTIONING MARKETING Website and their respective agents or servants do not in any way make representation or warranty in respect of any of the aforesaid and shall not in any way be responsible or liable to the E-Bidders in respect of any of the aforesaid.

1.8. The registration of an individual or company as an E-Bidder on the KEN AUCTIONING MARKETING Website shall not be construed as approval of eligibility of the intended bidder to conclude the auction sale.

2. ONLINE PUBLIC AUCTION PROCESS

2.1. E-Bidders may browse through the KEN AUCTIONING MARKETING Website and select the properties they wish to bid online.

2.2. By proceeding with the bid in the Auction, the E-Bidders are deemed to have agreed and accepted the KEN AUCTIONING MARKETING Website Terms and Conditions.

2.3. The Terms and Conditions shall be read together and formed part of the Conditions of Sale attached to the Proclamation of Sale which is uploaded on KEN AUCTIONING MARKETING Website and shall be deemed to have been read and agreed upon by the registered E-Bidders prior to bidding. In the event of any inconsistency between the Online Terms and Conditions stated herein and the Conditions of Sale attached to the Proclamation of Sale, the Conditions of Sale attached to the Proclamation of Sale shall prevail.

2.4. E-Bidders must make a necessary deposit payment as required under the Conditions of Sale attached to the Proclamation of Sale i.e. 10% of the reserve price. Payment of the Required Deposit must be made via an local bank online transfer to Public Bank Berhad in favour of KEN AUCTIONING MARKETING Account No: 3-8194911-11. Evidence of the transfer must be uploaded and submitted at the time of registration.

2.5. E-bidders are required to complete the registration process by submitting the relevant details, inform and uploading the relevant documents including evidence of payment of the Required Deposit onto KEN AUCTIONING MARKETING Website latest by 12.00 noon, at least one (1) working day before the auction date.

2.6. Registration of Bidders shall be subject to verification and approval of the KEN AUCTIONING MARKETING Website and subject further the Required Deposit payment being cleared by the bank. Approval may take at least one (1) working day and any improper, incomplete registration or late registration may be rejected at the sole discretion of the KEN AUCTIONING MARKETING Website. Neither KEN AUCTIONING MARKETING Website, its agents and/or representatives bear any responsibilities or assumes any liability in the event that the registration of an E-bidders is rejected and/or delayed for any reasons whatsoever. In the event that the registration is rejected, the deposit paid (if cleared by the bank) shall be refunded free of interest to the same bank account from which the deposit transfer was made within three (3) working days and there shall be no claim made against the Bank, the Bank's solicitors, the Auctioneer and/or their respective agents or servants.

2.7 E-Bidders wishing to authorise any person to execute the Memorandum of Sale upon successful bidding shall do so by furnishing a proper Letter of Authorisation and a copy of the person's NRIC.

2.8 Upon approval and verification by KEN AUCTIONING MARKETING Website and subject to the Required Deposit being cleared by the bank, the registered E-Bidder will receive a notification via an e-mail on their successful registration and allowing the registered E-Bidders to bid for their intended property on the auction day.

2.9. E-bidding may be done via a computer, smart phone and any device with internet connection.

3. BIDDING PROCESS

3.1. Bidding shall generally commence based on the sequence of the lot being shown on the KEN AUCTIONING MARKETING Website. However, the Auctioneer has the right to vary the sequence without having to give prior notice to the intended bidders.

3.2. It shall be the responsibility of the E-bidders to login through KEN AUCTIONING MARKETING Website to wait for the turn to bid for the property lot in which they intend to bid.

3.3. The Auctioneer has the right and/or discretion to set a new reserve price in the event that there is more than one (1) registered bidder.

3.4. The amount of incremental bid will appear on the website prior to the commencement of the auction.

3.5. Registered online Bidders shall start bidding online by pressing the Price Button (In Numbers) using their own electronic devices with internet connection. You will be informed whether you are out bided or your bid is the highest. The highest bid shall flash 20 seconds (subject to change) interval for four (4) times "First Calling, Second Calling, Final Calling and Sold". E-bidders may submit their bid at any of these stages of biddings by pressing the BID button. The successful bidder's bid will be informed on the screen. The highest bidder shall be declared as the successful purchaser upon the fall of the hammer.

3.6. In the event that there is no bid after sixty (60) seconds from the time of commencement of the auction, the auction shall be aborted.

3.7. Any bid once entered by the registered online E-bidders shall be binding and the bid shall not be withdrawn or retracted in any manner whatsoever after the fall of the hammer.

3.8. Both the successful and unsuccessful bidders will be notified by the Auctioneer through the website and also via E-mail where further directions are given in order to conclude the sale of the auction property.

3.9. In the event of any dispute, the decision of the Auctioneer shall be final and binding on all bidders.

3.10. Unsuccessful E-bidders shall have the deposit refunded free of interest to the same bank account from which the deposit transfer was made within three (3) working days from the date of auction.

3.11. The information shown and/or prompted on the screen handled by the KEN AUCTIONING MARKETING Website in regards to the auction in particular the increment of the bidding price during the bidding process and the declaration of the successful bidder shall be final and conclusive.

4. POST ONLINE PUBLIC AUCTION PROCEDURES

4.1. Successful E-bidders shall and undertake to sign the Memorandum of Sale and to pay the difference between 10% of the purchase price and the deposit paid under clause 2.4 above ("differential sum") at the office of the Auctioneer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee bank and the sale will be deemed cancelled/terminated and the property may be put up again for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum of Sale for stamping and thereafter forward the same together with the required deposit paid under Clause 2.4 above and the differential sum paid under this clause (if any) to the Assignee bank.

4.2. Any successful E-bidder who is unable to attend to sign the Memorandum of Sale at the Auctioneer's office may do so by authorising another person to sign the same of his/her behalf by inserting the particulars of the authorised person and furnishing a copy of his/her identity card and also a Letter of Authorisation for this purpose.

4.3. In the event that there is inconsistency between the personal details and the documents uploaded in the KEN AUCTIONING MARKETING Website and the actual documents produced by the successful bidder, the Auctioneer shall have the right to refuse the successful bidder from signing the Memorandum of Sale and may at its discretion cancel the sale and proceed to put up property up for a new auction and the deposit paid shall be forfeited.

4.4. The Memorandum of Sale upon being signed by the Auctioneer, Solicitor for the Assignee bank and the successful Bidder/Authorised agent shall be conclusive evidence of the sale of the property to the successful bidder.

4.5 The Memorandum of Sale may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Any party may enter into this Memorandum of sale by signing any such counterpart and each counterpart may be signed and executed by the parties and shall be valid and effectual as if executed as an original.

5. OTHER APPLICABLE TERMS & CONDITIONS

5.1. All registered E-bidders at KEN AUCTIONING MARKETING Website shall undertake to fully comply with the Terms and Conditions herein. In addition, all successful E-Bidders shall also be bound by the terms and conditions as stipulated in the Proclamation of Sale.

5.2. The Auctioneer may from time to time vary, modify or delete any terms and conditions herein without having to give prior notice to the registered E-bidders.

5.2. The Auctioneer may from time to time vary, modify or delete any terms and conditions herein without having to give prior notice to the registered E-bidders.

5.3. E-bidders are responsible to ensure that their internet access is in good condition during the whole process of public auction until conclusion thereof. Unsatisfactory internet access may disrupt the bidding made by the E-Bidders.

5.4. The Auctioneer or the KEN AUCTIONING MARKETING Website shall not be held liable for any disruptions, delays, failures, errors, omissions or loss of information due to the unsatisfactory internet access or any online interruption that may howsoever occur during the process of the online public auction at KEN AUCTIONING MARKETING Website.

5.5. KEN AUCTIONING MARKETING Website is owned and operated by ENEN ESTATE SDN BHD. The E-bidders agree and accept that KEN AUCTIONING MARKETING or the Assignee Bank in which KEN AUCTIONING MARKETING acts for or their solicitors or any of their respective servants or agents shall not be in any way liable for any claims or loss arising out of the use of the KEN AUCTIONING MARKETING Website.

6. GOVERNING LAW

6.1. The Terms and Conditions contained in the www.auctionking.net shall be governed and construed in accordance with the laws of Malaysia and all parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.

7. PERSONAL DATA PROTECTION ACT

7.1. KEN AUCTIONING MARKETING is committed to protecting the privacy, confidentiality and security of all personal data to which it is entrusted.

It has been our policy to ensure your personal information are protected. With the introduction of the Malaysian Personal Data Protection Act 2010 ("PDPA"), we are even committed to ensure the privacy and confidentiality and security of all personal data are protected in line with the PDPA.

We process personal data which you have provided to us voluntarily through our website upon your registration and this includes personal data such as your name, address, NRIC and contact details. In this regards, you have expressly consent to our processing of your personal data.

If you give us personal data or information about another person, you must first confirm that he/she has appointed you to act for him/her, to consent to the processing of his/her personal data and to receive on his/her behalf any data protection notices. We may request your assistance to procure the consent of such persons whose personal data is provided by you to us and you agree to do so. You shall indemnify us in the event we suffer loss and damage as a result of your failure to comply with the same.

We will only retain your personal data for as long as necessary for the fulfilment of the specified purposes or as legislated.

7.2. E-Bidders shall be responsible for the confidentiality and use of password and not to reveal the password to anyone at any time and under any circumstances whether intentionally or unintentionally.

7.3. E-Bidders agree to comply with all the security measures related to safety of the password or generally in respect of the use of the service. In the event that the password is compromised, the E-Bidders shall immediately notify KEN AUCTIONING MARKETING.

8. COPY RIGHT AND INTELLECTUAL PROPERTY

8.1. All information (inclusive of data, text, image) displayed in www.auctionking.net shall not be used or published in other channels without the express written permission of KEN AUCTIONING MARKETING. KEN AUCTIONING MARKETING has the right to use any available legal remedies which may include the demand for factual or statutory damages, solicitor's fees and injunctive relief for any violation of KEN AUCTIONING MARKETING's intellectual property rights.

9. MISCELLANEOUS

In the event that there is any inconsistency, discrepancy, errors or misstatement appearing in the translation of the particulars and the online terms and conditions to any other language (if any), the terms and conditions in the English version shall prevail.