The terms and conditions set out hereinbelow govern the use of PropertyTradeZone.com (‘the Company’) services offered and available on the website PropertyTradeZone.com and all related sub-sites (‘the Site’). The User is advised to read them carefully as they affect the User’s rights and liabilities under the law.
By using the Site, the User is deemed to have agreed to be bound by the terms and conditions set out in this agreement (‘the Agreement’), as well as those terms and conditions incorporated by reference and/or implication.
The Company may amend the terms and conditions from time to time for legal or regulatory reasons, or to ensure the proper and smooth operation of the Site. The User will be notified of any amendments via mail sent to the e-mail address provided by the User, or via announcement on the Site.
If the User continues to use the Site and/or services provided by the Company on the Site (‘the Services’) after the date on which any amendments come into effect, the User shall be deemed to have consented to be bound by the amended terms and conditions. In the event the User does not agree to the amendments, the User shall not continue to use the Site and/or the Services.
1. THE USER
1.1 The User must be either an Individual or Corporate Entity as defined herein below, and includes any person browsing and/or viewing the Site, as well as any person posting any advertisement and listing of any items for sale on the Site.
1.2 ‘Individual’ – The Services are available only to individuals who are capable of entering into a legally binding agreement under Malaysian law.
1.3 ‘Corporate Entity’ – The Services are available to companies and/or business entities. Any person using the Services on behalf of such corporate entities represents that he or she has the authority to bind the corporate entity to the terms and conditions set out in the Agreement.
2. RESPONSIBILITIES OF THE USER
2.1 The User is personally responsible for his/her use of the Site and/or Services.
2.2 The User uses the Site and/or the Services at his/her own risk.
2.3 The User shall use the Services in accordance with any law at the time being in force in Malaysia.
2.4 The User shall not list and/or advertise on the Site and/or advertise for sale on the Site any item which:-
(a) infringes the intellectual property rights of any third party including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity or other proprietary rights or rights of publicity or privacy of any third party;
(b) otherwise causes legally-recognized harm including but not limited to a product that contains a defamatory statement; or
(c) violates, or is illegal under any applicable law, statute, ordinance or regulation.
2.5 The User shall not provide and/or cause to be provided information which:-
(a) is false, inaccurate or misleading;
(b) involves the sale of counterfeit or stolen items, or any other fraudulent act;
(c) infringes the intellectual property rights including copyright, patent, trade mark, trade name, designs, trade secret, confidential information, know-how, goodwill, rights of privacy or publicity of other any other third party;
(d) violates or breaches any law;
(e) is defamatory;
(f) contains pornographic or obscene materials.
(g) contains any computer viruses and/or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) creates liability for the Company or causes the Company to lose, in whole or in part, the services of its Internet Service Providers or other suppliers;
(i) introduces, spreads or is intended to introduce and/or spread contents or propaganda of racist nature.
“Information” referred to hereinabove includes but is not limited to any information provided by the User to the Company or to other Users in any public message area (such as community forums, photo area and feedback area) or through email.
2.6 The Company reserves the right to remove any items that it deems in violation of the above, at its sole discretion.
2.7 The User shall comply with the Company’s Advertising & Listing Rules and Procedures.
2.8 The User is solely responsible for the accuracy of the said Information.
3.1 The Company collects information about its Users (‘User Information’) during the posting process, where Users are required to create a password before posting their listings and/or advertisements on the Site. A User will only be able to edit a listing or advertisement posted on the Site by keying in the designated password.
3.2 All User activities are logged. When the User requests pages from the Company’s servers, it automatically collects information about the User’s preferences, including the User’s Internet Protocol address.
3.3 The Company uses the User Information to help diagnose problems with its servers and to administer the Site.
3.4 When necessary, the Company may provide User Information as provided by the User to the relevant enforcement authorities to assist in any investigation and/or in compliance with any law or regulation.
3.6 Save as aforesaid, the User Information shall not be disclosed or released by the Company to any third party except with the consent of the User, which consent should not be unreasonably withheld.
Email Address of Users
3.7 Users are required to submit a valid email address to the Company as a pre-requisite before they are allowed to post advertisements and listings on the Site. This way, Users will be able to communicate with each other via email.
3.8 The email address of the User shall not be publicly displayed on the Site. Other Users are permitted to send email to the User through the Site only.
3.9 Users shall inform in the listings and/or advertisements if they prefer not to communicate by email.
4. TERMINATION AND SUSPENSION
4.1 The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
5. NO WARRANTY
5.1 The Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside the Company’s control.
5.2 The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.
5.3 To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
5.4 By using this website for transaction, you agreed that PropertyTradeZone.com, as a service provider, are not responsible for any losses arise from Fraud, Cheating or Scam from your buying, or direct negotiation or transaction conducted within buyers or sellers. We are not responsible for any lossess arise from Fraud, Cheating or Scam which arise from you clicking any of the banners appears in PropertyTradeZone.com and related site and re-directed to any third party website for any transaction you done with third party.
5.5 THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. PROPERTYTRADEZONE.COM RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF PRODUCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. PROPERTYTRADEZONE.COM DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROPERTYTRADEZONE.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERUPTED, ERROR-FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF PROPERTYTRADEZONE.COM IS AWARE OF THEM.
6. LINKS TO THIRD PARTY WEBSITES
6.1 The Site may contain links and/or references to other websites (‘Third Party Websites’).
6.2 The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.
6.3 Third Party Websites are not investigated, monitored or checked for accuracy or completeness by the Company.
6.4 Inclusion of and/or reference to any links or internet addresses on the Site does not imply approval or endorsement of those sites by the Company.
6.5 In the event the User decides to leave the Site and access Third Party Sites, the User does so at his/her own risk.
7. OWNERSHIP OF INTELLECTUAL PROPERTY.
7.1 This Agreement does not transfer from PropertyTradeZone.com to any user proprietary technology developed by PropertyTradeZone.com or intellectual property rights held by PropertyTradeZone.com covering, incorporated into or used to provide the Service. To the extent that you provide any feedback, suggestions or improvements to PropertyTradeZone.com regarding the Service (“Feedback”), you hereby grant PropertyTradeZone.com a nonexclusive, perpetual, irrevocable, royalty-free, fully-paid worldwide license to use, reproduce, sublicense, modify, distribute and otherwise exploit such Feedback.
8. EXCLUSION OF LIABILITES
8.1 to the full extent allowed by applicable law, in no event shall the company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
punitive, incidental or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential damage arising out of or in connection with this agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or
(d) any liability at common law; or
(e) in any other way.
8.2 Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the Company’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the Company’s negligence or the negligence of the Company’s servants, agents or employees.
8.3 For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
8.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPERTYTRADEZONE.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROPERTYTRADEZONE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
9.1 The User at all times agrees and undertakes to indemnify, hold harmless and defend the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
10.1 In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.
11. GOVERNING LAWS
11.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
12. GENERAL PROVISIONS
12.1 Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.
12.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
12.3 The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.
12.4 The User and the Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
12.5 Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches.
12.6 Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
12.7 Words importing one gender shall include any other gender unless stated otherwise.
12.8 Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.