Terms Of Use

WEBSITE TERMS OF USE

Acceptance of Terms through Browse and Use

1. PRIVACY POLICY
   1. These Terms of Use refer to the terms of our Privacy Policy which also applies to your access of the Website and use of the Services.
   2. The Privacy Policy sets out the terms on which we collect, store and use any personal data and information provided to or collected by us. By accessing and browsing this Website, and using of our Services, you accept and consent to such collection, storage and use of your personal data and information, and acknowledge all other terms of the Privacy Policy.
   3. The Privacy Policy can be found at www.propverse.my page.
2. WEBSITE
   1. This Website is owned by Propface Sdn Bhd (Company No.: 1431317-P), a company incorporated under the Companies Act 2016 and having its registered office at Suite 15, Level 6, IOI Business Park, Bandar Puchong Selangor Malaysia.
   2. In this Website, we provide the platform for the users who have been registered as Member or Associate to create the property or property-related service listing to advertise and market the property or services they have to offer. It is our Member or Associate that display the property or service for you to view and access.
   3. Member users, may include the property buyers, renters, owners, landlords, whom registered their membership with us are referred to as “members” or “Members” while “Associate” or “associate” users may include the developers, estate agents, bankers, feng shui consultants, professional in the conveyancing transactions, and other service providers whom registered their services with us.
   4. If you are using our Website as a Member or Associate, you are required to comply the terms in “Associate and Member Terms and Conditions”.
   5. You may contact Propface Sdn Bhd at:-
      
      Suite 15, Level 6,
      IOI Business Park,
      Bandar Puchong Jaya,
      47170 Puchong Selangor, Malaysia
      [email protected]
      +603 3310 0889
3. CHANGES OF TERMS AND WEBSITE
   1. We reserve the right to amend the Terms of Use contained herein as and when required at our sole discretion without any prior notice given to you.
   2. By continuing to access and use this Website following any amendments to the Terms of Use, you agree to be bound by such amendments.
   3. We reserve the right to change the content, form and nature of this Website or cease to operate this Website or any component of this Website (either permanently or temporarily) without any prior notice to you.
4. REGISTRATION
   1. To gain access to certain details and services on our Website you will need to register (free of charge) as a user, Member or Associate. You must be at least 18 years of age to register.
   2. You may still access this Website without registration and the Terms of Use would be applicable to you while browsing or using the tools in the Website.
   3. We reserve the right to perform verification on the document or information provided by you. At our discretion, we may refuse your application for registration.
   4. If we accept your application for registration, you will be given access at the point of application.
   5. Each registration is for a single user only, unless you are a corporate user registered with us. You must not share your username and password with any other person or with multiple users on a network.
   6. For the creation of the account, you shall not create an account name that contains offensive, vulgar or obscene wording.
   7. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
   8. Upon registration on this Website, you will be required to create a password. You agree to keep your password confidential and shall not disclose or share your password with any other person.
   9. We reserve the right to require you to change your password or suspend your account if we have any reason to suspect that there is or is likely to be any misuse of this Website or breach of this Website’s security framework.
   10. We reserve the right to require you to execute further document for the purpose complying and give effect to the terms applicable to the use of the Website and other services provided by us.
5. USE OF THIS WEBSITE
   1. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Website and that your computer system is compatible with this Website.
   2. You agree to use this Website only for the purposes that are permitted by the Terms of Use contained herein and in accordance with any applicable law or regulation, including but not limited to the Communications and Multimedia Content Code.
   3. You are prohibited to engage in any activities contrary to any applicable law or regulation, such as money laundering, gambling, prostitution and pornography.
   4. You may, for your own personal, non-commercial use:-
      
      • Retrieve, display and view this Website on any compatible device owned by you;
      • Print reasonable copies of the information, materials and content of this Website on paper; and
      • Store such information, materials and content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network
   5. You agree to not reproduce, modify, copy, distribute or use the information, materials and content of this Website for commercial purposes without our prior consent or in our opinion will interfere with our commercial interest.
   6. You agree that you will not do any activities that in the reasonable opinion of us would lower, diminish or affect the reputation or interfere the business of Propface.
   7. You agree to not alter, remove, cover or otherwise deface the watermark or trademark, copyright that appears on the Website.
   8. You agree to not engage in any activity that may interfere with or disrupt this Website or its servers or networks. You further agree to not circumvent, disable or otherwise interfere with the security framework of this Website.
   9. You are prohibited to disclose or distribute any person’s personal data on the Website, unless an express consent is obtained from such person.
   10. You shall not perform any systematic or automated data scraping, data mining, data extraction or data harvesting or other data collection activity from or through Website.
   11. You shall not translate, adapt, disassemble, reverse engineer or decompile the Website or any content provided or contained within the Website.
   12. You must not use the Website to distribute any virus, commit any illegal activities, such as fraud and deception, promote unsolicited or vice activities.
   13. You must not upload or use inappropriate, discriminatory, obscene, threatening, abusive, indecent or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Website.
   14. You shall not impersonate a person or an entity, or misrepresent your affiliation or association with any person or entity.
   15. Whenever you make use of features that allow you to upload content to our Website, or to make contact with other users via our Website, you must comply with the content standards set out in these Terms. Please see clause 6 below. You warrant that any such contribution does comply with the standards mentioned in clause 6 and, you will indemnify us against any breach of this warranty.
   16. You acknowledge and agree that we have the discretion to suspend the Website for repairs, maintenance or the introduction of new services or features on the Website.
   17. You shall not act in contrary of any provisions of the Terms of Use herein or any applicable law.
6. CONTENT
   1. All content that you upload to our Website will be considered non-confidential and you would grant us the non-exclusive, royalty-free, perpetual, transferable, assignable and irrevocable license to use, reproduce, modify, adapt, publish, and display the content subject to the terms of our Privacy Policy, Member Terms and Condition, the Terms of Use and any other applicable guidelines.
   2. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Website breaches that third parties’ legal rights.
   3. The views expressed by users on our Website do not represent our views or values. Similarly, we are not responsible for any content uploaded by any user or member on the Website.
   4. All content that you upload to our Website must:
      
      • be accurate (where you state facts);
      • be genuinely held (where you state opinions);
      • be related to appropriate subject matters; and
      • comply with the applicable law of the country from which they were posted.
   5. Your content must not:
      
      • contain any material which is defamatory of any person;
      • contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory;
      • contain any material that you do not have the right to post upload;
      • contain any materials that have viruses or any other computer code, files or software designed to interrupt or limit the functionality of any software or hardware of computer; and/or
      • contain any material which does or could potentially infringe the intellectual property rights of a third party.
   6. We will determine in our discretion whether there has been a breach of this clause 6. Where we believe a breach of clause 6 has occurred, we may take such action as we deem appropriate. This action may include the following:-
      
      • immediate, temporary or permanent withdrawal of your right to use our Website;
      • immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
      • further legal action against you; and
      • disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
   7. In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Website at any time without notice and without having to give a reason.
7. INTELLECTUAL PROPERTY
   1. All intellectual property rights, including but not limited to any information, materials and content contained in this Website and the Services as well as any graphics, trademarks, brand features, design, text, icons, sound and video recordings and all software relating to this Website, are wholly owned by Propface.
   2. The devices and words marks, “Propface” and “Propverse” are our trademarks. You must not use or copy them without our prior written consent.
   3. Nothing contained in the Terms of Use or on this Website shall be construed as a grant of any license or right to use any of such intellectual property rights without our prior consent.
   4. You would warrant that you own or has the necessary right to use the intellectual property rights in the content that you upload on the Website.
   5. You agree that you will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of this Website, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Website or proprietary information related to our Services or Website.
8. DISCLAIMERS AND LIMITATIONS
   1. All information, material and content on this Website are provided on an “as is” and “as available” basis without any reference to your preference, specific objective, financial status and other needs.
   2. The information, materials and content on this Website are provided for the purpose of general information only. They are not to be considered as a substitute or relied as professional legal, financial or real estate advice.
   3. We make no representation or warranty, whether express or implied, that the information, materials and content on this Website are accurate, reliable, current, error-free or complete.
   4. Nothing in this section shall limit any rights that you may have under the applicable laws and regulations which may not be lawfully limited.
   5. To the maximum extent as allowed by the applicable laws and regulations, we:-
      • Exclude all representations and warranties of any kind, express or implied, in relation to this Website and any information, material or content contained on this Website.
      • Exclude all liability for damages arising out of or in connection with your use of this Website whether or not they are related to our affiliates and/or third party.
   6. Without limiting the generality of the foregoing, we do not warrant or guarantee or assume any responsibility that:-
      • this Website will perform in a reliable, timely or uninterrupted manner;
      • this Website will be free from viruses or any other such similar risks, or that the use of this Website will not harm any data or computing system;
      • any failures due to software or internet errors or unavailability, or any other circumstances beyond our control;
      • loss of your password or account ID caused by a breakdown, error, loss of power;
      • the access to and use of this Website or Services will achieve any particular or reliable result or meet your requirements or expectations; and
      • the information, material and content on this Website is accurate, current or complete.
   7. You acknowledge and agree that:-
      • We, shall be entitled at any time and at our sole and absolute discretion and without prior notice, to add to, amend, terminate, cease or suspend the operation of this Website or any component of this Website;
      • We are only the provider for property listing and the listing for property-related services. We are only providing the platforms for you to view and access property and service listings or advertisements;
      • We take no responsibility and assume no liability for any property listings or advertisements on this Website or for the accuracy of any information contained therein or associated therewith;
      • We are not responsible for the accuracy of the reports or analysis generated by any add-ons on the Website such as “Feng Shui Mapping”, “Propfits Payment Proposals”. These reports or analysis are solely for reference only and you would rely the information at your own risk;
      • Access to or the operation of this Website may be interrupted or otherwise impeded by technical or other issues; and
      • Your dealings or communications with, the individuals, businesses or companies and any terms, conditions, warranties or representations associated with such dealings are solely between you and them.
   8. We will not be held liable to you or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential loss or damages, including but not limited any loss of business or profit, arising out of the access or use of (or inability to access or use) this Website, or the reliance on any information, materials or content of this Website, whether based on warranty, contract, tort, statutory rights or any other legal theory such as Force Majeure.
   9. You agree to exercise and rely solely on your own skill and reasonable judgment in your use and interpretation of this Website and any information, material or content of this Website.
   10. If you choose to contact our Members or Associates using the Website, your details (including your e-mail address, telephone number and the address of the property) will be sent to the member that you are enquiring with. We do not accept any liability for any subsequent communications that you receive directly from that member.
   11. If you are a consumer user
       • Please note that we only provide our Website for domestic and private use.
       • You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
       • You are advised to:-
         
         • Perform checks and establish the authenticity of property, project or services and such other information available from the listings;
         • Conduct a comprehensive check to verify owner's, developer's, agent's or service provider's credential;
         • Notify us, if you have strong reasons to believe that the information provided on the Website is deceptive, false or misleading;
         • Visit the project or property site or office of the related; and
         • Engage a professional service provider to assist with matters which you are not familiar.
   12. If you are a business user or our Member or Associate
       • we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
       • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Website; or use of or reliance on any content displayed on our Website; and
       • In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption (iii) loss of anticipated saving; (iv) loss of business opportunity, goodwill or reputation; (v) any indirect or consequential loss or damage.
9. ADVERTISEMENTS AND THIRD PARTY LINKS
   1. This Website may provide links to other websites, resources or content or advertisement, which are owned or operated by third parties.
   2. By allowing you to access to and use the Website, you agree that we may place such advertisement on this Website.
   3. These linked websites or resources are not under our control and you agree that we shall not be held liable for the availability or accuracy of any information found on such third party websites or resources.
   4. You further agree that you will not hold us liable for any damage or loss, directly or indirectly incurred, caused by or in connection with the access, use and operation of such third party websites or resources (including any virus or such other similar risks).
   5. You acknowledge that any links to any third party websites or resources do not constitute our endorsement of such websites or resources.
   6. You are accessing and browsing such websites at your own risk. You agree to not hold us liable for any errors in such third party advertisements or for any damages or losses incurred from the reliance on such third party advertisements.
10. PROPFACE SERVICES
    1. Feng Shui Mapping.
       • Feng Shui Mapping will collect your personal data such as your date of birth, to generate listings that may be suitable for your purchase or rental. It is a software-generated result based on the metaphysics principles and general Feng Shui guidelines.
       • The information generated shall not be construed to be professional Feng Shui advice or recommendations, and it should only be a reference for you.
       • You shall not rely the information from the Feng Shui Mapping to decide on purchasing, renting or selling of a property.
       • We advise you to appoint a qualified Feng Shui master or adviser to provide you with customized and professional advice as well as holistic approach for your purchase, rental and selling of a property.
       • We expressly disclaim all the responsibility and liability for any dissatisfaction, loss of damages (whether it is direct, indirect, special or consequential) as result of you relying on the information generated by Feng Shui Mapping.
    2. Propfits.
       • Propfits collects information that is usually required for payment processing, credit card or loan facility application of the property and the information would be shared to our affiliate, Propfits Fintech Sdn Bhd (“Propfits”). Our affiliate will then share the information to the financial institutions who would facilitate the financing or financial transaction relating to the purchase or rental of a property.
       • The information including its payment proposals and financing options generated by Propfits shall not be construed and interpreted as financial advice or a constructive assessment of your financial standing.
       • By using this service, you are deemed to have accepted the Propfits Terms of Use (www.propfits.com, www.propfits.my or www.propfits.com.my) and consented us to share the required information to our affiliate and the financial institutions.
       • We do not guarantee the acceptance of financial services by the financial institution. In addition, Propfits will review the information and document submitted to determine at its sole discretion if you are eligible to use the service.
       • We will not be responsible and liable for any loss or damages resulting from the reliance of information generated and/or the use of the services provided by Propfits.
11. NOTIFICATION
    1. We may send you email or Whatsapp or through mode of communication as provided by you on-going activities on the Website or any services offered by us.
    2. You may unsubscribe such notification by contacting us or using the unsubscribe option as provided in our Website or email updates.
12. NO PARTNERSHIP
    1. These Terms of Use shall not be construed or intended as a creation of agency, partnership, joint venture, employee-employer relationship with us.
13. SEVERANCE
    1. The illegality, invalidity or unenforceability of any provision or part thereof of these Terms of Use under any applicable law or regulation shall not affect the legality, validity or enforceability of that provision or any other provision.
14. WAIVER
    1. The delay or failure of any party to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy. No single or partial exercise or any such right or remedy shall preclude the further exercise of that or any other right or remedy.
15. ENTIRE AGREEMENT
    1. These Terms of Use represent the entire agreement between you and Propface with regards to your use and access to this Website.
    2. These Terms of Use shall supersede any prior agreement, understanding, representation, negotiation or arrangement (whether in writing or oral or implied).
16. INDEMNIFICATION
    1. Without prejudice to any of the other provisions of the Terms of Use and to any other rights and remedies which we may have at law, you agree to indemnify and defend us and our affiliates, directors, agent, contractors, service providers, employees and other related parties from any claim, demand, liabilities, losses or damages made by any third-party due to your use or breach of these Terms of Use .
17. TERMINATION
    1. These Terms of Use will continue to apply until terminated by either you or us.
    2. You may terminate your use of this Website at any time.
    3. We may suspend or terminate your right to access or use this Website or any component of this Website at any time without any prior notice to you for any reason, including but not limited to, any breach of these Terms of Use.
    4. All provisions contained in these Terms of Use which by their nature should survive termination shall survive such termination, including but not limited to, ownership provisions, warranty disclaimers and limitation of liability.
18. JURISDICTION
    1. These Terms of Use shall be governed by the laws of Malaysia.
    2. You agree to submit to the exclusive jurisdiction of the courts of Malaysia.
19. ARBITRATION
    1. If any dispute, claim, conflict arises between you and Propface arising out of use of the Website, you agree that such dispute, claim or conflict shall be resolved exclusively through an arbitration.
    2. The decision from the arbitrator shall be final and binding on you and Propface, and the arbitration shall be conducted by the arbitrator qualified to preside the matter at Asian International Arbitration Centre (“AIAC”) in accordance with the AIAC Arbitration Rules.
20. USER FEEDBACK
    1. We try to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at [email protected].
    2. We aim to acknowledge all user feedback to improve our service to you.
21. TAKE DOWN NOTICE
    1. We adopt a policy protecting the copyright holder of the content. If you believe that any of your copyrighted works has been copied or any content on our Website is infringing your copyright, please write to us for us to conduct the internal investigation.
    2. You shall include the following information to assist us in our investigation:-
       • the identity of the copyright holder, if you are acting on behalf of the copyright holder, we would require a proper authorisation letter from the copyright holder;
       • the copyrighted work that has been infringed;
       • brief description where the copyrighted work is located (i.e. screenshot of our Website);
       • your contact details, email, address and telephone numbers; and
       • brief write-ups or proof you have in claiming the copyrighted works.
    3. You may forward the written notification to the following address:-

       Name	:	Propface Sdn Bhd
       Address	:	Suite 15, Level 6, IOI Business Park, Bandar Puchong Jaya, 47170 Puchong, Selangor Malaysia
       Attention to	:	Legal & Compliance
       Email	:	[email protected]
       Subject Matter	:	Take Down Notice

    4. Once our internal investigation is completed, we may proceed to suspend or terminate the account of the Member whom is posting such infringed materials and remove the copyrighted materials from the Website.
    5. If you are of the opinion that you have the right to post the copyrighted material on the Website, you may provide us with a counter notice stating reason and evidence why the content should not be removed.
    6. If we received the counter-notice, we may replace the removed content or cease disabling it at our full discretion by weighing the evidence provided to us. The copyright owner is advised to file a court order against the alleged copyright infringer, we would act based on the court order.