HOMES360
TERMS OF USE
Last updated: October 10, 2023
Your access/use of this website, mobile site, microsite or mobile application (including such products/services as may be made available on and/or through the websites, mobile sites, microsites, or mobile applications by ProppyApp Co.)(collectively, the “Platforms”) are subject to the Terms of Use and our Privacy Policy, including any amendments thereto which ProppyApp Co., at its sole discretion, may make from time to time.
ProppyApp Co. reserves the right at any time, to change, modify, or discontinue any aspect or feature of the Platforms, including, without limitation the contents, data, and availability. You are advised to refer to these Terms each time you access/use the Platforms to ascertain and understand any additions, deletions, modifications, revisions and/or variations that may be made to these Terms from time to time, and you shall be deemed to have read, understood and accepted these Terms, including such additions, deletions, modifications, revisions and/or variations each time you access/use the Platforms.
If you do not agree to any of these Terms and/or Privacy Policy, you shall immediately cease your access/use of the Platforms.
1. ProppyApp Co.
1.1 The Platforms are developed, owned, managed and operated byProppyApp Sdn. Bhd. (Reg. No. 202101010561 (1410860-H) (“ProppyApp Co.”) and/or its approved third-party vendors.
1.2 The Platforms are created with the intention of utilising and capitalising on the latest technologies to revolutionise the way we sell, buy, list, invest and manage our properties. Our aim is to provide a safe, trustworthy, and credible platform for property, real estate, and its related services and industries to communicate, transact, and do business effectively, taking that technological quantum leap into the future.
2. Definitions
2.1 References to "you", "your" or “yours” refer to any person using the Platforms. References to "we", “us” or "our" refer collectively to ProppyApp Co.
3. Acceptance
3.1 These Terms constitute a legally binding agreement between you and ProppyApp Co.Your access/use of the Platforms constitutes your acceptance of these Terms.
3.2 Some of the products/services of ProppyApp Co. are subject to other applicable terms and conditions governing the provision of such products/services. These Terms are meant to govern your access/use of the Platforms and shall be read together with the applicable terms and conditions governing any products/services provided by ProppyApp Co. In the event of conflicts between these Terms and the terms and conditions governing the relevant products/services, the latter shall prevail.
4. Use of Platforms
4.1 The Platforms may be used by (i) natural persons who have reached 18 years of age, and (ii) corporate legal entities. Where applicable, these Terms shall be subject to country-specific provisions as set out from time to time.
4.2 Users below 18 years of age must obtain consent from your parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for (i) your actions; (ii) any charges associated with your use of any of the services, information and functions made available on the Platforms or purchase of any products, goods or merchandise (including any part thereof) made available for sale on the Platforms; and (iii) your acceptance and compliance with these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
5. Registered User
5.1 Your access/use of the Platforms for certain products/services may require a registration process. In such cases where registration is required, you are identified as a “Registered User”.
5.2 When you register for a user account, we will ask you to provide your personal information including, without limitation, your name, home address, identity card number, passport number, date of birth, gender, mobile phone number, a valid email address and a unique password. To subscribe to certain products/services, depending on which payment method you opt for, you may need to provide us with your debit card, credit card, or account details.
5.3 Upon the completion of the applicable registration process, you, as a Registered User, agree as follows: -
(i) you shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account;
(ii) you shall be responsible for all the access/use of the contents of your user account;
(iii) if you have registered as a business entity, you represent that:
(a) you have the authority to bind the legal entity of which you are representing to these Terms;
(b) the address you use when registering is the principal place of business of such business entity; and
(c) all other information submitted to ProppyApp Co. and the Platforms during the registration process is true, accurate, current, and complete.
(iv) you as a Registered User may not sell, attempt to sell, offer to sell, give, assign, or otherwise transfer a user account, ID, or password to a third-party without the prior consent of ProppyApp Co. ProppyApp Co. may suspend or terminate the account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this section;
(v) ProppyApp Co. reserves its right to suspend or terminate a Registered User’s account at any time; and
(vi) ProppyApp Co. shall also reserve the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason whatsoever.
5.4 Save for cases of fraud or abuse that are not your fault, you accept that all use of the products/services placed under your user account is your sole responsibility.
5.5 If you wish to delete your user account, please send us an email requesting the same. We may restrict, suspend, or terminate your user account and/or use of the Platforms, if we reasonably believe that:
(i) someone other than you is using your user account; or
(ii) where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
6. Disclaimer
6.1 The contents of the Platforms (including, without limitation all information, data, representations, statements, hyperlinks, articles, and documents found herein) are prepared and provided on an “as is” and “as available” basis for general information only and are to be used at your own risk. They do not constitute professional, expert, investment, strategic, or management advice or opinion of any kind. Accordingly, the contents of the Platforms should not be relied on as a substitute for doing your own research and seeking your own independent advice from professionals, experts, consultants, or other persons who are suitably qualified in the respective fields of expertise, including, without limitation on the following: -
(i) accuracy, suitability, completeness, or timeliness of use for any purpose whatsoever of such contents;
(ii) accuracy or reliability of any of the sources from which such contents are derived (whether credited or otherwise);
(iii) title, merchantability, or fitness for a particular purpose of any product and/or service listed on or directed to by the Platforms;
(iv) non-infringement of intellectual property rights of any third-party;
(v) payment and delivery obligations that may arise as a result of the use of the contents of the Platforms;
(vi) confidentiality of any information disclosed to any party, person, or entity listed on or directed to by the Platforms; or
(vii) viability or feasibility of any business opportunity, model, or any type of investment whatsoever.
6.2 For the avoidance of doubt, ProppyApp Co. hereby expressly disclaims any and all liability of any nature and does not provide any warranties, express or implied for any loss or damage howsoever caused in connection with or arising from the browsing, downloading, uploading, or the use of, reliance on or inability to use any of the contents of the Platforms, or from any action or decision taken as a result of the browsing, downloading, uploading or the use of or reliance on any of the contents of the Platforms.
6.3 You acknowledge and agree that ProppyApp Co., its directors, officers, employees, affiliates, and agents, or any of them, shall in no event or in any manner be liable to any user of the Platforms for any damages or losses of any kind or nature, including, without limitation to direct, incidental or consequential damages, loss of income, loss of profit or anticipated profit, loss of goodwill or reputation, arising out of the use of, access to or any manner connected with the Platforms, its contents, materials or services even if ProppyApp Co., its directors, officers, employees, affiliates and agents, as the case may be, has been advised of the possibility of such damages resulting from use of, access to or any manner connected with the Platforms, its content, material or services.
7. Payment, Taxes and Refund Policy
7.1 You agree that you will pay for any services (including any taxes, as applicable) that may be accrued by you. Your total price will include the price of the product plus any applicable Sales and Services Tax (“SST”). No users are eligible for tax exemptions. Additional fees, such as cross-border transaction fees, bank fees, and credit card fees, may apply.
7.2 All transactions are final. The fees paid by you are strictly non-refundable save and except for unforeseen payment issues such as double payments.
8. Personal Data Protection
8.1 Your access/use of the Platforms is subject to the Malaysia Personal Data Protection Act 2010. Our Privacy Policy sets out the general terms in relation to the manner in which personal data is processed by ProppyApp Co.
8.2 If you do provide personal data to ProppyApp Co. by accessing/using the Platforms, you shall be deemed to have agreed, accepted and consented to the processing of the personal data by ProppyApp Co. in the manner set out in the said Privacy Policy.
9. Cookies and Tracking Technologies
9.1 The Platforms may use cookies and other tracking technologies to provide the products/services, depending on the features offered, to advertise to you and to analyse how you use the products/services at the Platforms and whether advertisements are being viewed. ProppyApp Co. also allows third-party to use tracking technologies for similar purposes.
10. User Conduct
10.1 You shall use the Platforms for lawful purposes only. In this regard, you further acknowledge and agree not to:
(i) upload, post, publish, e-mail, reproduce, link directly or indirectly, distribute or otherwise transmit any content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, deceptive, fraudulent, hateful, racially or ethnically discriminatory, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts or violence, discriminates, victimizes, degrades or intimidates an individual or a group of individuals based on religion, gender, sexual preferences, race, age, or disability, promotes or provides any instructional information of violence, illegal activities or sexual misconduct or cruelty to animals;
(ii) impersonate any person or entity or misrepresent your affiliation with a person or entity;
(iii) forge or manipulate headers and/or identifiers to disguise the origin of any context or use any service as storage for remote loading or as a door/signpost to another homepage or website;
(iv) upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any content that is not yours or which you do not have any right, whether legally, contractually, or through a fiduciary relationship or otherwise, to the said content;
(v) upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any individual or entity;
(vi) upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any content or form of solicitation including, but not limited to any advertising, promotional materials, “junk mail”, “spam”, “chain-letters”, or “pyramid schemes” unless such form of solicitation is expressly permitted by ProppyApp Co. for such a designated purpose. However, such proviso does NOT apply to any “junk mail”, “spam, “chain-letters”, or “pyramid schemes” or other generic forms;
(vii) upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any material that is infected with software viruses, Trojan horses, worms, logic bombs, or any other infections or any other computer code, files, or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to carry out any other similarly destructive activity;
(viii) act in any manner that negatively affects other users’ ability to engage in the Platforms or use any of the services herein;
(ix) engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Platforms;
(x) engage in any manner that is interfering and/or disrupting or in breach of the procedures, policies, or regulations of any of the servers or networks connected to the Platforms;
(xi) intentionally, in a negligent manner or innocently violate any applicable local, state, national, or international law currently in force (including, without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or otherwise create any liability for ProppyApp Co. or its affiliates; or
(xii) shall not undertake any scheme to undermine the integrity of the computer systems or networks used by ProppyApp Co. and/or any other user and you shall not attempt to gain unauthorised access to such computer systems or networks.
11. Monitoring
11.1 You acknowledge and agree that, where any material in any form or manner is created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed, or otherwise transmitted by any third-party user, ProppyApp Co. may or may not pre-screen, monitor, control, guarantee, review or edit any such material.
11.2 However, ProppyApp Co. has the discretion, for any reason whatsoever and without providing any reason, to modify, add, delete, edit, revise, reject, or refuse, in whole or in part, any material in any form or manner, if ProppyApp Co. is of the opinion that such material is in breach of the spirit of any of these Terms or is undesirable, inaccurate or untrue.
11.3 You acknowledge and agree that ProppyApp Co. may disclose and inform any authorities of any material in any form or manner created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by you if, in the sole and absolute discretion of ProppyApp Co. and without reference to you or any person(s) whatsoever, it be necessary or compulsory to comply with any authorities, legal or otherwise, or necessary or compulsory to comply with any valid claims that such material has violated any third-party rights, property or the personal safety of ProppyApp Co., its affiliates, directors, officers, employees, agents, successors and assignees, or of the general public.
12. Linked sites
12.1 The Platforms may contain links to third-party websites. You acknowledge and agree that ProppyApp Co. will not be held liable, directly or otherwise, or is in any way responsible for the contents of third-party websites you access/use since ProppyApp Co. does not review, control, monitor, or examine the contents of such third-party websites.
12.2 Further, the links by ProppyApp Co. to such third-party websites or posting of materials or advertising of such third-party websites is not an endorsement of or representation concerning these third-party websites, materials, products/services. All title, logo, trademark, and intellectual property rights in the contents of any third-party websites are the property of the respective owner of such linked websites and may be protected by applicable copyright or other intellectual property laws or treaties.
12.3 You are hereby advised to read the terms and conditions and any policy that governs the particular third-party websites. ProppyApp Co. has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from the Platforms. You may only link another website to the Platforms with the prior consent of ProppyApp Co. ProppyApp Co’s agreement to link with any other website should not be interpreted or represented to be an endorsement by ProppyApp Co. of any product, position, entity, or organisation.
13. Contributions
13.1 By submitting any idea, suggestion, feedback, comment, proposal, materials, information and/or document (“Contributions”) through the Platforms, you acknowledge and agree that: -
(i) the Contributions do not contain any confidential or proprietary information and ProppyApp Co. is not under any confidentiality obligation, express or implied, with respect to the Contributions; and
(ii) the Contributions automatically become the property of ProppyApp Co. without any obligation to you, unless provided otherwise by the law.
14. Copyright
14.1 Unless otherwise stated, all contents within the Platforms including, without limitation to, the rights to the look and feel of the Platforms, any headers and titles, text, graphics, images, audio and video clips, software, title, logo, trademark, marks, patents and legend or any other proprietary rights are either owned by ProppyApp Co. or have been licensed to ProppyApp Co. by the respective owners of those rights for use in the Platforms and are protected in accordance with the applicable intellectual property laws.
14.2 You hereby acknowledge and agree that ProppyApp Co. shall have the exclusive rights conferred to it under the law and shall be entitled to institute any legal action or proceedings for any infringement, breach, or default of its rights.
14.3 You hereby acknowledge and agree that ProppyApp Co. shall be indemnified for any damages, costs of solicitors, and any interest charged for the defence of ProppyApp Co., its directors, officers, employees, affiliates, agents, successors, or assignees, against any other individual or entity arising from your violation of any of these Terms.
15.1 You hereby represent, warrant, and agree that you have obtained all necessary third-party copyrights, trademarks, trade secrets, patents, or other personal or proprietary rights, or such other licenses or permissions as may be required from any third-party, for any material or information you post on the Platforms, or provide to ProppyApp Co., or authorise ProppyApp Co. to display.
15.2 All third-party copyrights, trademarks, trade secrets, patents, or other personal or proprietary rights, or such other licenses or permissions affecting or relating to material or information displayed on the Platforms, or affecting or relating to the products/services that are made available or displayed on the Platforms, are hereafter referred to as “Third-Party Rights.” You hereby represent, warrant, and agree that you shall be solely responsible for ensuring that any material or information that you post on the Platforms or provide to ProppyApp Co. or authorise ProppyApp Co. to display does not, violate any Third-Party Rights, or is posted with the permission of the owner(s) of such rights.
15.3 You hereby represent, warrant, and agree that information which you have submitted to ProppyApp Co. for display on the Platforms shall be in accordance with the User Conduct stated in these Terms.
15.4 You hereby grant an irrevocable, perpetual, paid-up in full, worldwide and royalty-free, sub-licensable (through multiple tiers) license to ProppyApp Co. to display and use all information provided by you in accordance with these Terms and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
15.5 ProppyApp Co. reserves the right in its sole discretion to remove any material displayed on the Platforms that it reasonably believes is unlawful, could subject ProppyApp Co. to liability, violates these Terms, or is otherwise found inappropriate in ProppyApp Co.’s sole and absolute discretion.
15.6 ProppyApp Co. shall further reserve the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. You agree that ProppyApp Co. shall have no liability to you, including no liability for consequential or any other damages, in the event ProppyApp Co. takes any of the actions mentioned in this section, and that you agree to bear the risk that ProppyApp Co. may take or to indemnify ProppyApp Co. in connection with any such actions.
16. Indemnity
16.1 By accessing/using the Platforms, you agree to indemnify, defend and hold ProppyApp Co., its directors, officers, employees, affiliates, and agents harmless from all claims, demands, actions, suits, proceedings, liabilities (including statutory liability and liability to third-parties), penalties, damages, costs or expenses (including, without limitation to, reasonable attorney fees and costs, expert witness costs and other costs of any such suit or proceeding), awards, losses, and liabilities of any kind or nature, arising out of or related to a violation of these Terms, for any content that you use, post or transmit through the Platforms, your conduct on the Platforms or violation of any rights of any third-party, including, without limitation to, any assertions of infringement of intellectual property rights.
17. Limitation of Liability
17.1 In no event shall ProppyApp Co. be liable to you for any damages, losses, expenses, or liabilities under any causes of action (whether in contract or tort including, without limitation to, negligence or otherwise) caused through the access/use, or the inability to access/use of the Platforms, the contents, data or third-party products/services.
17.2 Under no circumstances, including, without limitation to any negligence, shall ProppyApp Co. be liable for any indirect, special, consequential, or incidental damages that result from the access/use of, or the inability to access/use the Platforms, the contents, data or third-party products/services, even if ProppyApp Co., its directors, officers, employees, affiliates and agents have been advised of, or should have foreseen, the possibility of such damages.
18.1 Nothing in these Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between you and ProppyApp Co., our directors, officers, employees, agents, or affiliates by virtue of the display by ProppyApp Co. of any of your information on the Platforms, and neither party shall have any authority to bind the other in any way.
19. Governing Law and Dispute Resolution
19.1 These Terms shall be governed by the laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction.
19.2 Any disputes, actions, claims, or causes of action arising out of or in connection with these Terms shall be referred to the Asian International Arbitration Centre (“AIAC”) in accordance with the AIAC Arbitration Rules as modified or amended from time to time (“Rules”) then in effect. The arbitration shall be conducted by a sole arbitrator, appointed by the Director of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be in Kuala Lumpur, Malaysia, in the English language. The arbitration award shall be final and binding on the parties thereto.
20. Miscellaneous
20.1 ProppyApp Co. retains the right, at any time and without any notice or cause, to discontinue the Platforms, and/or any products/services made available on and/or through the Platforms.
20.2 These Terms will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties.
20.3 If any of the provisions of these Terms are deemed to be illegal, void, or unenforceable for any reason, then such offending provision shall be deemed to be severed from these Terms and the remaining unaffected Terms shall remain in full force and effect. Any failure by ProppyApp Co. to enforce any of these Terms shall not be deemed to be a waiver of any right to enforce any of such terms in the future.
20.4 Users who choose to access/use the Platforms from locations other than Malaysia shall do so on their own initiative and are personally responsible for complying with all applicable local laws affecting or being applicable to the particular user.
20.5 Should you wish to contact us for any queries, questions, or concerns about these Terms, you may send an email to us at[email protected].
