Member & Associate - Terms & Conditions

By registering as the user of our Websites or Platforms or by purchasing the Services from us, you confirm that you have read and agree to our Website Terms of Use, our Personal Data Policy, and understand the terms and condition whilst using our Websites or Platforms or the Services we offer.

Definition and Interpretation

In these Member and Associate Terms and Conditions, the following definitions shall apply:-
Agreement means a contract for Services between Propface and you governed by collectively this Member and Associate Terms and Conditions, the Website Terms of Use, our Privacy Policy as accepted and agreed by you from time to time;
Associate means the person or any entity who may include property developer, property agent, estate agents, property managers, property sales and marketing representatives, legal consultant or adviser, financial and insurance consultants, Feng Shui master or consultant, interior designer and renovations consultants, builders and contractors, movers, property maintenance and repair technician, relocation agent, service provider that has entered into the Agreement with Propface to procure its services through Propface’s Platforms or Websites;
Business Day means a day other than a Saturday, Sunday or public holiday in Kuala Lumpur or Selangor;
Commencement Date shall have the meaning ascribed to it in Clause 1.2 of this Member and Associate Terms and Conditions;
Confidential Information means any information disclosed or made available to you by us (whether directly or indirectly), whether in writing, orally or visually. It include but not limited to the Intellectual Properties, financial reports, programming information; Confidential Information excludes information that (i) is or becomes publicly known and generally available from other sources; and (ii) known to you before our disclosure;
Content means personal data, property details, photographs, images, pictures, data, text, music, sound, graphics, videos, messages, property plan, business plan, marketing materials, any Intellectual Properties and other information provided by you to us; Content may also include data about your client;
Content Management means the rules in uploading and managing content as advised by Propface from time to time;
Credits means the tokens or considerations you could use to purchase and use them on the Services provided on our Platforms or Websites;
Guest means the person that has registered himself or herself as the registered user for the browsing and usage of our Websites and Platforms or usage of certain Services provided by Propface or Associate and had his or her email being verified by Propface;
Guidelines means the guidelines which set out the rules and procedures to use our services on the Website and our Intellectual Properties such as our “Propface trademark”, logo, and domain names; We reserve the right to make, amend or update the Guidelines from time to time;
Intellectual Properties means all patents, utility innovation, copyrights, design rights, rights in goodwill or to sue for passing off, trademarks, unfair competition rights, moral rights, rights in confidential information, trade secrets, know-how, valuable commercial and business information and any other intellectual property rights (whether or not it is registered or unregistered);
Lead means any data or information (including but not limited to email or telephone call received by the Member or Associate) generated by or resulting from the Services;
Member means the person that has registered himself or herself as the registered user for the browsing and usage of our Websites and Platforms or usage of certain Services provided by Propface or the Member and had his or her mobile contact and email being verified by Propface;
Partner means an entity who has a commercial relationship with Propface, which is not part of a party in this Agreement;
Platforms means our mobile platforms and any other technological platforms or innovations used or operated by us;
Points means the reward points provided by us when you purchaser our Credits or use our Services;
Propface means Propface Sdn Bhd (Company No.: 1431317-P), its employees, officers, affiliates and/or subsidiaries (as the context applies); “Us”, “We”” or “Our” is a reference to Propface;
Propfits means Propfits Fintech Sdn Bhd;
Services means any advertising services, campaign or any other property related services which Propface may provide;
Service Agreement means a contract made between you and your client for the services you render; the Service Agreement specifically exclude the contract generated by our Platforms or Website;
Service Fees means the fees and charges you should pay to us for the Services in accordance to this Agreement;
User or Visitor means any individual who accesses and/or utilises our Platforms or Websites, which would include the Associate, Guest and Member;
User Data means all personal data and other information relating to User (either provided by the User or other Third Party);
Websites means collectively Propface websites other website whose domain is owned or controlled by Propface; and
You or Your means the individual or entity who has registered as an Associate or a Member or Guest, where appropriate and as the context may require.
  1. Agreement
    1. The Agreement shall form from you registering yourself as an Associate, a Guest or a Member in our prescribed form (physical or digital).
    2. The Commencement Date of the Agreement shall be the date when your registration has been accepted by us.
    3. Any person not a party to the Agreement will not be entitled or able to rely on any of the rights stated in the Agreement, unless expressly stated otherwise.
  2. OUR SERVICES
    1. We shall provide the Services in accordance with terms in this Agreement.
    2. We shall reserve the absolute discretion to make any changes to the Services which we are to offer when it is necessary to comply with any applicable law or the business direction of Propface. This may include but not limited to the fees or charges of any of our Services, the type of add-on, premium or exclusive features, discontinuation of any services. We will notify you if such changes or discontinuation would cause you materially affected by the Services we originally offered on our Platforms or Websites.
    3. We will use our best endeavours to maintain the availability of our Platforms and Websites.
    4. We reserve the right to perform routine or emergency maintenance on our Platforms or Websites when required without the need of providing you any advance notice.
    5. The Services we offered on our Platforms or Websites would have a validity period. You shall refer to the description of our Services located at the account page for the validity period of our Services.
    6. The validity period of any Services you have subscribed will expire together with the termination of this Agreement.
    7. You acknowledge and agree that there are reasons and technical issues beyond our control in maintaining the availability of our Services to you. These reasons could include internet connectivity, virus attack, breach of data security.
    8. We do not warrant that any of the Services will be provided without any interruption, down time or free from any issues.
    9. We may in our absolute discretion, remove, cause to removed, decline to display any Content on our Platforms or Websites which does not comply with the Terms and Conditions of this Agreement.
    10. You acknowledge and agree that we have no obligation to monitor, remove or censor any Content on our Platforms or Websites.
    11. You acknowledge and agree that we are not responsible for any error or omissions in the Content.
    12. We reserve the right to require the Content to be amended or re-uploaded if we consider the Content is of poor quality or not in conformity with the Terms and Conditions of this Agreement or the Guidelines. For any such amendment or upload, you may be charged with additional Service Fees.
  3. YOUR OBLIGATIONS
    1. You shall:-
      • ensure the details and any data or information you have submitted are complete, accurate and not misleading;
      • act in accordance with the professional standard and highest business ethics, in the opinion of Propface;
      • use the Platforms and Websites in accordance to the Terms and Conditions herein and applicable laws, the Privacy Policy and also the Website Terms of Use;
      • obtain and maintain all necessary licenses, permissions and consents that are required for you to operate your business or to render your services to your client;
      • cooperate with Propface for any matters relating to the Services, including but not limited to joint-marketing effort and promotional activities;
      • not to permit the use of your account or subscription for any other third party;
      • ensure the details you have submitted or uploaded are updated to its latest changes or development;
      • ensure that your username and password for accessing our Services are kept secured at all times and only disclosed to the authorised personnel of you; and
      • be responsible to set-up and configure your own facilities for accessing our Platforms or Websites and utilise our Services.
  4. LISTING AND ADVERTISEMENT
    1. You must:-
      • ensure the property or services listing and advertisement comply with all applicable law, statutes, practice directions, industry code of conduct or guidelines issued by the relevant authority or trade organisation;
      • not to publish anything that could be perceived as unlawful, false, illegal, , misrepresenting, defamatory, fraudulent, misleading or infringing any copyright, trademark or other intellectual property rights or rights of any third party; ensure the posting or listing only consists of photographs or images related to the relevant Property or services the Associate is offering;
      • ensure you have obtained the necessary permission and have the authority to upload images and content to the Platforms and Websites. We shall have the right to request such evidence proper authorisation when needed;
      • ensure you have not obtained the Content illegally, fraudulently, or unlawfully;
      • ensure the Content you uploaded us if a good quality in our reasonable opinion and would comply with the guidelines relating to Content Management;
      • ensure the price (if any) you advertise on our Platforms or Websites is the price that has been agreed upon by the actual owner;
      • ensure the listing shall not consists of any information that may be viewed or considered as an invasion of privacy, such as containing information which belongs to third parties;
      • be solely responsible for any errors or omissions for the Content of your listings; and
      • remove properties that have been sold or leased or any product or services that are no longer available within a maximum period of fourteen (14) days.
  5. WARRANTY
    1. You warrant that:-
      • You are at least 18 years of age and have the legal capacity, right and authority to enter into this Agreement and to act in accordance with this Agreement;
      • If you are acting or agreeing on behalf of an entity, the Agreement will be binding on the entity;
      • You have not made any wrongful or deceptive about your business nature and identity to us;
      • You are not acting as a consumer in relation to this Agreement;
      • You hold all required licenses or accreditations to sell or lease your listings or render the services listed on the Platforms or Websites;
      • You have the authority to market, sell or lease all your listing on the Platforms or Websites;
      • You will observe the Website Terms of Use, Privacy Policy, terms in this Agreement, the Guidelines and other regulations we will incorporate from time to time;
      • You have read and will abide all notices posted on the Websites which are relevant to the provision of the Services; and
      • You will perform all the contractual obligations or promises made by you to the client, this would include the advertising promises and promotions.
  6. FEES AND CHARGES
    1. You will be charged for Service Fees for the Services or Associate account you have subscribed with us
    2. We will raise the invoice in accordance with the Service Fees which will be payable before you may use our Services.
    3. You must pay the Service Fees or any sum payable to us by way of online payment channel unless we advise you on other mode of payment.
    4. We will take about approximately three (3) Business Days to update the payment record as to allow you to use our Services on our Platforms and Websites.
    5. Upon the issuance of invoice, you are given five (5) Business Days to raise any errors on the invoice. After this date, it will be considered that you agree to the invoice amount and term for the payment.
    6. We reserve the right to charge you an interest on any outstanding sum at the rate of 5% per annum.
    7. We shall have the right to suspend the Services or terminate this Agreement until the full invoiced amount and any interest being charged against you is paid if you fail to pay the invoiced amount by the due date as specified in our invoice.
    8. You will be liable to pay in full all the outstanding payment and other costs, losses and expenses we incur in the recovery of any payment due under this Agreement.
    9. We will not be responsible and shall not bear any costs or reimbursement such as internet charges, telephone charges, travelling costs you may incur when the Lead is contacting you with the information available on our Platforms or Websites.
    10. We do not guarantee the quality and quantity of Leads generated by the Services on our Platforms or Websites. No refunds in this case is permissible.
    11. If there is no outstanding payment owing to us during the suspension or termination of our Services or this Agreement due to your default, we are entitled to charge you a re-application fees and other applicable administration costs.
    12. We shall be entitled to increase or revise subscriptions, advertising or any fees related to our Services, at any time. If you not agree with such increase or revision, you will entitle to terminate the Agreement.
  7. CREDITS
    1. You may be required to purchase Credits to utilise our expanded Services as provided through our Platforms and Websites.
    2. The Credits you have purchased or rewarded are not refundable, transferable, assigned, cancelled or exchanged for cash in any event including but not limited to an event of termination for any reasons, unable to utilise all the Credits, change of your business, plan and any other causes.
  8. POINTS
    1. You could redeem the Points you earned to redeem any benefits, gifts, products or services from us or our Partner.
    2. We reserve the right to amend, cancel or revise our points accumulative systems or any benefits associated with the points redemption.=
    3. We retain the discretion to alter or forfeit any Points in our discretion if you have violated the Term and Conditions in this Agreement, including but not limited to event that you have deceived or attempted to deceive us on matters relating to the accumulation or utilisation of Points.
    4. The Points you earned are not redeemable for cash and not transferrable, assigned or shared.
    5. If you have not login your account for more than twelve (12) months or voluntarily abandon or terminate your account with us, we shall have the right to forfeit any unclaimed Points and unused Credits.
  9. REFUND
    1. All purchase on our Services by Credits or otherwise are non-cancellable and non-refundable.
    2. Notwithstanding the above, Propface retains the discretion to allow a cancellation or refund in exceptional cases subject to the satisfaction of Propface on the reasons and supporting documents given by you.
    3. If a refund is approved and agreed by Propface, the refund will be made to the bank account you have provided subject to deduction on any monies or Credits that have been utilised or costs that we have incurred in connection with your registration or Services we offered.
  10. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
    1. Propface is the exclusive owner of and controls all rights in the Platform, Websites and the Services we are providing. All Intellectual Properties arising out or in connection with the Platforms and Websites, the Services and other materials as claimed by Propface are owned by us.
    2. You are only given a non-exclusive right to use Propface’s logo, links to the Platform, Website address and other licensed materials on the Terms and Conditions herein.
    3. You would grant us the right and a perpetual, irrevocable, global, royalty-free and non-exclusive license to use, exploit, promote and archive the Content submitted by you on the Platforms or Websites in accordance with the Terms and Conditions as provided in and reasons as contemplated by this Agreement.
    4. You may inform us by writing if you wish to remove, update or vary the Content and other licensed materials. If you are limiting the scope of license as necessary for us to provide the Services in accordance with this Agreement, it may how we may provide the Services to the extent that the Agreement may be terminated by us.
    5. You are required to adhere to the “Do’s and Don’ts” as provided in this Agreement, especially your obligations and warranty as referred to Clauses 3 and 4 above.
  11. CREDIT REPORTING
    1. You acknowledge and agree that:-
      • we may obtain from a credit reporting agency, a credit report containing your personal credit information or your director or employee (depending on the applicable context); and
      • we may enter your records with the credit reporting agency for the purpose of credit monitoring.
    2. You are required to supply us with your consent and take all necessary steps to provide the information or documents as required by the credit reporting agency.
  12. CONFIDENTIALITY
    1. You shall keep in strict confidence all Confidential Information and have been disclosed to you by us, including our employees, agents or subcontractors.
    2. You shall restrict disclosure of such Confidential Information to your employees, agents, consultants, subcontractors as need-to-know basis only. In addition, you shall ensure that such employees, agents, consultants or subcontractors are subject to obligations of confidentiality stated in this clause.
    3. You are required to promptly notify us if you become aware of any breach of confidence by a person to whom you have shared or disclosed the Confidential Information.
    4. This Clause that set out the obligations as to confidentially shall survive termination of the Agreement or any expiry of the validity period of the Services.
  13. PERSONAL DATA
    1. You are responsible to ensure that all personal data you have collected and provided to us are true, accurate and current.
    2. You are required to notify us if there is any changes to the personal data you have provided to us.
    3. You may be required to bear the administrative charges if you required us to amend any documents such as invoice, statement of account due to your failure to notify us on the changes of the personal data.
    4. You acknowledge and agree that Propface may access, collect, use, transfer, publicise, share and disclose your personal data (including the data you have collected from your client) in accordance with the terms set out in our Privacy Policy and the Personal Data Protection Act 2010.
    5. You shall undertake to abide our Privacy Policy and applicate data protection laws relating to the collection, use, process, disclosure and retention of personal data.
    6. You agree to take all reasonable and practical security measures to safeguard the personal data and information.
    7. You shall notify us immediately upon becoming aware of a breach or suspected breach of technical security measures implemented by us and/or any terms relating to security measures.
  14. LIMITATION OF LIABILITY
    1. You expressly acknowledge and agree that, to the fullest extent permitted by applicable laws, we are not liable under this Agreement to the extent that liability is caused by the breach of our obligations under this Agreement or our negligent act or omission or any delay in performance or breach of this Agreement for any matter beyond our control.
    2. In the event, Propface is to be held liable for its liability for breach of any condition, warranty or guarantee that cannot be excluded for rendering its Services on the Platforms or the Website, the aggregate liability of Propface for any claim pursuant to this Agreement shall be limited to the aggregate fees or charges paid by you for the preceding 12 month period at the point when the claim or proceeding is made against Propface (as applicable).
  15. DISCLAIMERS
    1. We do not guarantee that your use of the Platforms, Websites or our Services will:-
      • be suitable for your needs or requirements;
      • be fit for a particular purpose
      • have the quality that meet your expectations;
      • generate the quality and quantity of Leads you expected;
      • be available at all times, uninterrupted, without delay, secure;
      • be free from any errors, omissions or inaccuracies;
      • any inaccuracies, delays, omissions, non-deliveries of information caused by any technical or human errors.
  16. INDEMNIFICATION
    1. You agree to indemnify s and our officer, employees or agents, contractors, service providers and partners against any direct, indirect or consequential liabilities, losses, damages, expenses and costs (including legal fees and expenses) incurred or suffered by us as a result of any claim or proceedings brought by any person against us in connection with:-
      • the Content uploaded by you; or
      • any services or products you provide for the clients;
      • or any other act or omission by you in connection with your use of the Platforms or Websites or any Services thereof;
      • your violation of the Terms and Conditions; and
      • claims of any intellectual properties violations, such as copyright infringement.
    2. For the avoidance of doubt, this clause of indemnity shall be a continuing obligation and survives the termination.
  17. TERMINATION
    1. We reserve the right at our sole discretion to:-
      • immediately terminate your use of our Services and/or this Agreement with cause by informing you in writing if you persistently breach the Agreement; or
      • on a 30 calendar days’ written notice to you, terminate your use of our Service when you failed to remedy the breach to our satisfaction; or
      • suspend or temporarily remove your listing with a twenty-four (24) hours notice to you.
    2. Cause for such termination or suspension shall include without limitation:-
      • if you fail to comply with any of the Terms and Conditions, Website Terms of Use and Privacy Policy;
      • if you fail to make payment of any fees or charges due to us within thirty (30) days after the due date;
      • the warranties or representation in Clause 5 above are incorrect;
      • you are in material breach of your obligations under this Agreement;
      • you infringed our Intellectual Properties or those of third parties;
      • discontinuance or material modification to our Platforms or Websites or Services or part thereof;
      • as requested by the enforcer, government agencies or pursuant to court order.
      • if you are declared bankrupt or insolvent; or
      • upon your death or dissolution of an entity or partnership.
    3. Effect of Termination. Upon the termination of the Agreement for whatever reasons:-
      • all Service Fees and any other sums due from you shall immediately become due and payable;
      • if there is a pre-reloaded Credits use our Services, we are not under any obligation to refund you the whole or any part of Service Fees or Credits paid by you in advance;
      • we may forfeit all your Credits and Points;
      • the license and other rights of use on our Intellectual Properties shall immediately terminate;
      • you shall immediately cease using the Platforms, Websites or Services, your access to our Platforms, Websites or Services will be removed;
      • your account and all related information, files and contents associated with your account will be removed or deleted;
      • you are not entitled to claim any compensation or indemnity for loss or rights, good will, business, opportunity, economic loss or otherwise, as a result of the termination in accordance with this Clause;
      • we would not be responsible and liable to you or to any third any third party for the termination of your account with us;
      • any clauses of the Agreement which is expressed as surviving the Agreement shall survive and continue after the termination; and
      • any claim which either party may have against the other party in respect of any breach or non-performance or repudiation of any of the clauses of this Agreement which occurred before the termination shall not be affected or prejudiced and all rights of termination under this Agreement.
  18. FORCE MAJEURE
    1. In no event, Propface be responsible or liable for any failure or delay in performance resulting from, arising out or caused by, directly or indirectly for reasons beyond the control of Propface, which may include but without limitation of strikes, pandemic, endemic, accidents, riots, war, act of terrorism, acts of God, civil unrest , sabotage, shortage of material or labour, delay in deliveries, machine failures or any other reasons or event that is unforeseeable and outside the reasonable control of Propface.
    2. Upon the occurrence of any event as described above, Propface shall for the duration of such event be relieved of any obligation under the Terms and Conditions herein save for other obligations that are not affected by the force majeure event.
    3. If the force majeure event continues for more than three (3) months, Propface shall be entitled to terminate this Agreement.
  19. NOTICE
    1. Whenever you are required to serve a notice to us, you may send the notice via email to [email protected] or post to our address at:-
      Name : Propface Sdn Bhd
      Address : Suite 15, Level 6, IOI Business Park, Bandar Puchong Jaya, 47170 Puchong SELANGOR MALAYSIA
      Attention to : Legal & Compliance
    2. If we are required to send notices and other communications to you, we may send to your email address or mobile numbers that are able to receive Whatsapp messages.
    3. You are responsible to provide us with the current email address and contact numbers.
    4. Any notice will be deemed to have been received (i) if delivered by hand, on signature of a delivery receipt, (ii) if sent by pre-paid first-class post or other next working day delivery service, on the second Business Days after posting or at the time recorded by the delivery service, or (iii) if sent by email, at the time of transmission.
  20. FEEDBACK
    1. Should you have any feedback for improvement or complaints on our Service, you may write to us at [email protected] or post to our address at:-
      Name : Propface Sdn Bhd
      Address : Suite 15, Level 6, IOI Business Park, Bandar Puchong Jaya, 47170 Puchong SELANGOR MALAYSIA
      Attention to : Legal & Compliance
  21. ASSOCIATE ACCESS
    1. This section stipulates on the terms how we would manage your account and access to the associate portal and certain functions exclusive to the Associate.
    2. We will notify you with the procedures and steps for activation and login via the guidelines on our Websites or Platforms or we will email you the steps for activation and login.
    3. We reserve the absolute discretion to reject any registration without assigning any reason. In general circumstances, a registration would be rejected if in our reasonable opinion that:-
      • the party is not providing the services or products which is related to its core business;
      • the quality of the content or services to be offered by the party does not commensurate with the standard as required of its Associate;
      • the registration is not in conformity with the existing laws; and
      • we are unable to manage the number of our associates and/or the contents on our Platforms or Websites.
    4. While using this associate privilege, you are required to abide these Terms and Conditions, the Website Terms of Use, Personal Data Privacy and related Guidelines.
    5. Your Associate Access could be terminated or suspended in accordance with the terms stipulated in this Agreement.
  22. CONTENT MANAGEMENT
    1. You shall refer and follow the listing and advertisement obligations as required of you (as stated above).
    2. The Content you are submitting or uploading must follow the specifications below (unless it is a new or auction properties):-

      Property Listing
      • Clear and unobstructed view on the facade of the property;
      • Property type (i.e. apartment, link house, shop, land and etc.);
      • Purchase price or leasing price of the property;
      • Number of rooms, bathrooms and other specific rooms;
      • Location of the property;
      • Furnishing levels of the property;
      • Any amnesties within or nearby the property;
      • Facing direction of the property (if known);
      • Capacity to lease or sell the property (i.e. direct owner or agent); and
      • Build-up or floor plan of the property (if known).

      Service Listing
      • The entity that you are using to provide the service;
      • The brand, company name or logo you are using to provide the service;
      • Description of your services;
      • Any license or authority which permit you to provide such services; and
      • Other details as advised by Propface from time to time.
    3. If your Content does not fulfil the conditions and rules stipulated in this Agreement, we may remove and request you to amend and re-upload the Content. We may in this case charge you a sum of administrative fees in facilitating the removal and/or re-upload of the Content.
  23. DIGITAL HANDSHAKE
    1. This section will apply when you use our “Digital Handshake” function to create a template letter of intention.
    2. While using this function, you agree and acknowledge that:-
      • the information and template we provide for general use only and does not in any way constitute the formal agreement between you and the other Associate;
      • we give no warranty and guarantee that the template created will fit for all the circumstances and free from any liabilities and certain you are able to enforce your contractual obligations;
      • the template and Services related to Digital Handshake is not to be regarded as a substitute for legal, business or other professional advice or services;
      • we may at any time suspend or discontinue any features or part of our Services, including the service or support for Digital Handshake;
      • the template generated is the exclusive property of ours that you are only be given a non-exclusive license to use the template for general and convenience purpose only;
      • you are prohibited to use the template for reasons and purposes in contradiction of the Terms and Conditions in the Agreement or the commercial interest of Propface (such as disclosing the template to our competitor);
      • you are prohibited to use the template for reasons and purposes in contradiction of the Terms and Conditions in the Agreement or the commercial interest of Propface (such as disclosing the template to our competitor);
      • we will have access to the information that you are required to insert in our system to generate the template and you hereby provide us the necessary authority to use this information disclosed to us to generate the template under this function;
      • to the fullest extent permitted by law, Propface will not be held liable for any liabilities arising from the Services, including the Digital Handshake function we are providing for any direct, indirect, special, consequential losses or damages; or any loss of profit, business or data;
      • we have no obligation to ensure the content in the template is accurate and suitable for your use; and
      • the template is provided on an “as is” and “as available” basis, we expressly disclaim any warranties of merchantability or fitness for a particular purpose and non-infringement of our Services (including the Digital Handshake function) .
    3. To use this function, you are required to provide and authorise us to use the information stipulated as per the request form to generate a template of letter of intention.
  24. PROPFITS
    1. This section govern your use of the Propfits.com widget and by using the Propfits widget, you agree to be bound by the terms of use stated in this section and also the terms of use for using Propfits.
    2. The Propfits widget is produced by Propfits, the Prpofits widget will provide the access and usage of the function provided by Propfits including but not limited to payment of rental, deposit and other functions.
    3. Propface may change, remove, suspend, limit or discontinue any parts or features of the Propfits widget without any prior notice.
    4. Propface only provides the widget on an “as is” basis without any warranties whatsoever. We expressly exclude all implied conditions and warranties from using the Propfits widget.
    5. You acknowledge and agree that:-
      • Before using the widget you have read and agree to abide all the terms and conditions provided from Propfits.
      • you will be using the widget at your own risk;
      • we will not be liable for any costs, expenses, loses or damages suffered incurred by you in connection with your use of the widget, whether the liability is arises in contract, tort or any statutory provisions. In no circumstances, Propface will be liable for any direct, indirect, special or consequential losses, such as loss of profits, loss of revenue and loss of business opportunity;
      • you agree to indemnify us for any claim or proceedings initiated by any person against us in connection with or arising out of your access and/or use of the widget.
  25. GENERAL
    1. Assignment. You may not assign or otherwise create any interest in any of your rights without our prior written consent. We may assign this Agreement at any time by notify you in writing.
    2. No Partnership. Nothing in this Agreement shall be interpreted or construed to create an association, joint venture, agency relationship, alliance between the parties. Neither party shall have any right, power or authority to enter into any agreement or undertaking or act on behalf of the other party.
    3. Governing Law. This Agreement shall be governed by the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia and waives any right to object to an action being brought in the Malaysian courts.
    4. Severability. If any clauses or part of the clauses of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant clauses or part of the clauses shall be deemed removed. Any medication to or deletion of the clauses or part of the clause shall not affect the validity and enforceability of the remaining Agreement.
    5. Waiver. No failure or delay on the part of a Party in exercising nor any omission to exercise any right, power, privilege or remedy accruing to a Party hereunder upon any default, breach or omission on the part of another Party shall impair any right, power, privilege or remedy or be construed as a waiver thereof or an acquiescence in such default, breach or omission, nor shall any action by a Party in respect of any default, breach or omission or any acquiescence in any such default, breach or omission affect or impair any right, power, privilege or remedy of that Party in respect of any other or subsequent default, breach or omission on the part of another Party.
Last Updated: 01 Nov 2022