TERMS AND CONDITIONS
TERMS AND CONDITIONS
Version 1.0 (as at 16/3/2021)
The terms and conditions of this agreement (“Agreement”) govern your use of the services provided by WeProperty Sdn Bhd (Company No. 1140763-U), a Malaysian entity, either itself or through its subsidiaries or any company within the WeProperty group of companies (“we” or “our” or “us” or “WeProperty”), via electronic platform – the WeProperty web application or WeProperty website designed and owned by us (“the App and Web”).
For avoidance of doubt, the Agreement applies to all users of the App and Web including but not limited to Users, Guests, Visitors and Agents. (“Users”)
WEPROPERTY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE LEGAL SERVICES AND ADVISORY AND OTHER RELATED SERVICES AND WE ARE NOT A LEGAL PRACTICE ENTITY IN WHATSOEVER OR HOWSOEVER FORM. THE PLATFORM DOES NOT NOR IS IT INTENDED TO PROVIDE ANY LEGAL SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF LEGAL PRACTITIONER. WEPROPERTY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY AGENTS AND/OR SOLICITORS REFERRED TO YOU.
1.1 From Visitor to User
a) To fully access, experience or to use the App and Web, the unregistered visitor (“Visitor”) are required to register an account by providing, among others, your corresponding email address, password, or/and other personal information as required by us, whichever applicable, to become our User.
b) We reserve the right to seek more personal information or personal details from you for the purpose of the usage of the App and Web.
c) You acknowledge and understand that you shall provide us with accurate, complete, and updated registration information. In the event of any updates of the personal data, you shall take steps to notify us for such update. Failure to do so shall constitute to a breach of the terms and condition of this Agreement, which may result in immediate termination of this Agreement by us at our discretion.
d) While registering an account, you agree and undertake not to, inter alia:
- use or select a name as account name with the intent to impersonate that person;
- use or select a name as account name which subject to any rights of a person other than you without appropriate authorization; or
- use or select a name as account name that is otherwise offensive, vulgar or obscene.
e) We reserve the right to refuse registration of, or cancel an account at our discretion. You shall be responsible for maintaining the confidentiality of your username and password.
f) The account is personal to you and shall not be shared with third parties or transferred to third parties unless otherwise approved by us.
a) User understand that all information, messages, listings, or other materials (“Content“) stored or uploaded in the App and Web by you or by any party authorized by you (“Authorized Party”) is the exclusive work and property from whom such Content is originated.
b) We do not claim any ownership of your Content. You retain copyright and any other rights you already hold in Content which the Authorized Party submit, post, upload or display on or through the Application. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to archive the Content in accordance with or as reasonably contemplated by this Agreement.
c) When any Content posted, submitted, or uploaded on the Application by the Authorized Person, you represent and warrant that:
you have the right to display and reproduce the Content via the App and Web. You hereby explicitly give consent to us to use and process any information contained in the Content in accordance with this Agreement;
- if you are not the owner, that you have capacity to use the Content and have been authorized by the owner of the Content to give permission to us to use and process any information contained in the Content, and that you have the right to display and reproduce the Content via the App and Web in accordance with this Agreement;
- you and your Content do not and will not infringe any rights in relation to the rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
- you or your Content, and your usage, storage, reproduction and display on the App and Web will comply with all applicable law, rules and regulations;
- your Content does not breach any clause of the Agreement; and
- your Content is not misrepresenting, misleading or deceptive.
d) The Content shall not contain information that is deemed false, illegal, inaccurate, misleading, misrepresenting, and/or untrue in regard to of any such information;
e) We reserve the right to remove any Content posted or stored by you or Authorized Party without serving a notice to you.
a) The use of App or Web is subject to our guidelines. You shall not use, allow, or enable others to use the App and Web, or knowingly condone the use of the App and Web by others, in any manner that is, attempts to, or is likely to:
i. use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected;
ii. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
iii. affect us adversely or reflect negatively on us, the App and Web, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the App and Web, or from advertising, linking or becoming a supplier to us in connection with the App and Web;
iv. send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” to other User/(s);
v. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
vi. violate any laws, regulations or by-law laid down by the Bar Council of Malaysia, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
vii. gain unauthorized access to the App or Web, other Users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the App and Web or to use the App and Web in any manner which violates or is inconsistent with any terms and conditions of this Agreement;
viii. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the App and Web or the rights or use and enjoyment of the App and Web by any other person;
ix. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the App and Web, unless you have obtained the express, prior permission of such other person to do so;
x. post or provide false, inaccurate, misrepresenting, misleading, incomplete, defamatory or libelous content;
xi. take any action that may undermine any ratings system that we may use;
xii. transfer your account and Users identification to another party without notifying us and obtain consent from us;
xiii. copy, modify, or distribute:
1) content of the App and Web or
2) any of our copyright or trademarks;
xv. harvest or otherwise collect information about other Users, including email addresses, without their consent;
xvi. forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Application;
xvii. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
b) While we prohibit such conduct which and content which stipulated in clause 3 a) of this agreement on our App and Web, you understand and agree that we shall not be responsible for the Content uploaded or stored on our App and Web and that you further agree to use the App and Web at your own discretion.
c) We do not manually screen content or control before it is displayed on the App and Web. Hence, you agree that you are entirely responsible for all Content that you upload, stored, transmit or otherwise make available via the App and Web.
d) Under no circumstances that we will be liable in any way for any Content, including, but not limited to, any errors, fraudulent information, or omissions in any Content uploaded, either by you or by any Authorized Party or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the App and Web.
e) We reserve the right to stop, reject, or refuse you to post any Content and to remove or edit any Content from the App and Web, whether or not the Content is expressly prohibited by this Agreement, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.
f) You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account without further notice and we shall not be held liable under any circumstances in the event the Users breached any clause in this Agreement.
g) We reserve our rights to change, improvise or amend our guidelines from time to time.
a) You may enjoy the Services provide by us after account registration via App and Web. The Services include but not limited to: – to make the App and Web available to all Users, to browse and view our App and Web, to view the listings of files uploaded and stored by you or the Agents/ or Solicitors (whichever is applicable), to e-manage the files that you or the Agents/ or Solicitors (whichever is applicable), to e-store all the relevant documents for the transaction, to update and notify the borrower/ purchaser of a transaction of the latest progress on the matter OR to transmit quotation/ or invoice to the borrower/ purchaser by an Agent/ or Solicitors on our App and Web. (collectively referred to “Services”)
b) You acknowledge that all information uploaded in the Services are presumed to be accurate as reflecting information as per Contents uploaded by the Agents.
c) You acknowledge and agree that all information contain or indicate in the Services are encrypted and we as the Platform will not have access to the Content uploaded and stored but merely processing the Content for the purpose of providing the Services. You further agree that you shall not hold us accountable and liable for any inaccuracy and the incompleteness of the information as reflected in the Services stipulates and the information is not conclusive.
d) You agree that we shall not be held liable for any damages or liability caused, whether directly or indirectly, from any error, deficiency, inaccuracy of information or omission in Services provided via the App and Web, by WeProperty or by any companies within WeProperty group of companies or business partners to facilitate the Services.
e) You acknowledge and agree that WeProperty shall have no responsibility to maintain the records contained in your registered account upon the completion each transaction, subject to system limitations and further notice by us.
f) Users shall refer only to the dispute resolution process stipulated in clause 16 of this Agreement for any attempt to resolve any disputes arose from this Agreement
6. CONFIDENTIAL INFORMATION
a) We will not disclose any information made available to us or by Authorized Party, includes but not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you directly or indirectly, whether in writing, orally or visually (“Confidential Information”).
b) Confidential Information does not include information other than information that:
i. is or becomes publicly known and generally available other than through your action or inaction; or
ii. was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
d) You acknowledge, consent and agree that we may process, access, preserve and disclose your account information and Content for the purpose to provide Services or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
i. comply with legal process;
ii. enforce this Agreement;
iii. respond to claims that any Content violates the rights of third parties;
iv. respond to your requests for User service; or
v. protect our rights, property or personal safety, our Users and the public.
7. OUR INTELLECTUAL PROPERTY RIGHTS
a) You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Application and Web, and that you will not acquire any rights, titles, or interests in or to the Application and Web except as expressly set forth in this Agreement.
b) You shall not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Application and Web or proprietary information related thereto.
c) You shall not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Application or Web by any means which amounting to unauthorized, and unlawful access into our back-end system.
d) “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
a) You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, contractors, and/or distributors (if any) will not be liable for any loss of profits, data, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought resulting from: –
i. your access to or use of or inability to access or use the App and Web;
ii. any conduct or content of any third party on this App and Web, including without limitation, any defamatory, offensive or illegal conduct of other Users or third parties;
iii. inaccuracy or omission of the information that may be extracted from our Services;
iv. any information contained in the description of the transaction available of which obtained from the App and Web that uploaded by the Agents/ or Solicitors; and
v. unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
c) You acknowledge that we shall not be able to accurately confirm the identity of other registered Users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
d) You must ensure that your access to this App and the service is not illegal or prohibited by laws that applicable to you.
e) You must take your own precautions to ensure that the process that you employ for accessing this App and Web and our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. You shall deliberately indemnify us for any interference or damage to any computer system that arises in connection with your use of the App and Web or any linked website.
9. MARKETING AND NOTIFICATIONS
a) The App and Web may display advertisements and promotions. We will also send you information containing advertisements and promotions related to our Services and services of our affiliates and partners. As consideration for access and use of the App and Web, you agree that we may place advertising on the App and Web at our sole discretion. You agree that we may change the manner, mode and extent of advertising on the App and Web without further notice.
You agree to indemnify, and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (“Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the App and Web, the use of the Services and/or your breach of any term of this Agreement.
a) We do not represent or warrant that: –
i. access to the App and Web or any part of it, will be uninterrupted, reliable or fault-free; and
ii. the accuracy, completeness, and reliability of the Contents that uploaded by other User and the Agents as reflected in the App and Web in relation to Services provided by the Agents or any third parties.
b) We will use our best endeavor to back up all data stored in our server or generated by the App and Web. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, our record shall prevail.
12. TRANSFER OR ASSIGNMENT OF THE PLATFORM
13. FORCE MAJEURE
We shall not be liable to you for any breach for any reason of any delay in performing or failure to perform any due to any cause beyond our reasonable control, including but without limitation to acts of god, explosions, flood, acts of restriction, regulations, by-laws, or measures of any kind on the part or governmental parliamentary or local authority, import or export regulations or embargoes, riot, terrorist attack, threat or preparation of war, interruption of production or operation line, difficulties in obtaining raw materials labour, fuel parts, or machinery break down etc.
14. SUSPENSION AND TERMINATION
a) We may suspend or terminate your access to all or any part of the App and Web at any time, with or without cause, effective immediately. You may terminate your use of the App and Web at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b) We will suspend or terminate your access to the App and Web if you are classified to be, in our sole discretion, a repeat infringer of this Agreement.
c) We also reserve the right to suspend or cancel your account that has been inactive for a period of time.
d) We may, but shall not be obligated to, reasonably issue you advance infringement warning notice(s) via registered email, if you have violated this Agreement prior to suspension or termination of your account.
15. AFTER TERMINATION
a) In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable: –
i. your access to the Application shall immediately be terminated;
ii. we reserve the right to permanently dispose and delete any data held in your registered account without further reference to you; and
iii. any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
b) The terms of Clauses shall survive termination of this Agreement.
a) We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the App and Web at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible to monitor any such modifications from time to time.
b) If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification via App or via Web notice. Usage of the Services by you following such notification constitutes your acceptance of the terms and conditions as modified.
c) What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
a) If you are dissatisfied with our Services and you are unable to resolve such dissatisfaction with our contact personnel, you may lodge a complaint to show your dissatisfaction at _________________. A formal written response will be sent to you to resolve the issues. If you remain dissatisfied, you may refer the matter to KLRCA (“Kuala Lumpur Regional Centre for Arbitration”) for arbitration. The number of Arbitrator and the language of arbitration shall be agreed by all involving parties.
b) The decision of the arbitration shall be final.
c) Laws of Malaysia shall be the governing law in this Agreement.
d) If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Nevertheless, you may inform us of such dispute for our records but we are not responsible to resolve or arbitrate or mediate such dispute.
18. THIRD PARTY SITES
The Application and Web may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You may use the links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
a) That term and condition shall, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
b) If the term and condition or part of it cannot effectively be read down, that provision or part of it shall be deemed to be void and severable and the remaining provisions of this Agreement shall not in any way be affected or impaired and shall continue notwithstanding that illegality, invalidity or unenforceability.
a) Time is of the essence of this Agreement whenever mentioned.
b) Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships
c) Any notice, request or demand required or permitted under this Agreement shall be deemed given when actually delivered or one
(1) day after the date sent if sent via overnight courier addressed to such party at such party’s address stated in this Terms and Conditions or such other address as is specified from time to time by either party in writing. In the case of a notice or request sent by electronic communication, be deemed to have been received within twenty-four (24) hours after the time of sending the notice or request.
d) The Headings used in this Agreement are solely for convenience of reference, are not part of this Agreement, and are not to be considered in construing or interpreting this Agreement.
e) Only a written instrument executed by the party waiving compliance may waive a provision of this Agreement. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure to enforce any provision of this Agreement shall not operate as a waiver of such provision or any other provision.