TERMS AND CONDITIONS
Please read these terms carefully before using the https://www.propertypeople.my (the “Website”) and the Property People mobile applications (the “Apps”). Using the Website and the Apps indicates that you accept these terms. You further agree to the representations made by yourself below. If you do not agree to the Terms and Conditions of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Website or Apps or Service.
The terms and conditions stated herein (the “Terms and Conditions” or the “Agreement”) constitute a legal agreement between you and J MAKERS PLT (Co. No. LLP0000013-LGN) and/or its group of companies (collectivelymhe “Company”). In order to use the Service (each as defined below) you must agree to the Terms and Conditions that are set out below. By using the Website and the Apps supplied to you by the Company, and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable licensed real estate negotiators or real estate agents to sell property on behalf of real estate developers (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time by the Company at the Website or the Apps.
The Company offers an online platform, information and a proprietary method for real estate agents and real estate negotiators to establish contact and collect bookings from Buyers or Customers, but has no responsibility for any sales and marketing services provided to Buyers or Customers by you.
Use of the Website and the Apps
PropertyPeople.my (the "Website") and Property People Mobile Applications (the “Apps”) is operated by J MAKERS PLT, a company which is incorporated in Malaysia.
We may at any time change these terms and you should therefore periodically visit this page to review the then current terms to which you are bound.
Unless otherwise noted, you should assume that the proprietary right in everything you see or read on the Website or the Apps including but not limited to any designs, text, graphics, source code, or software belongs to J MAKERS PLT. Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Website or Apps without the prior written consent of J MAKERS PLT.
The trademarks and logos displayed on the Website or the Apps are the registered and unregistered trademarks of their respective owners. Use of the trade
You agree that you will not use this Website or Apps or our
services to carry out any "data mining" services to collect or collate information about the identities and offers of our clients and/or advertisers.
The User of the Website / Apps acknowledges that the Company is only providing a platform to facilitate the sale and purchase / rental of real estate. None of the Users is the employee, servvant and/or agent of the Company and the User shall not have any right and/or authority to enter into any transaction on the Company's behelf and all transactions entered into by the User shall not in any way be binding on the Company.
About the Information
J MAKERS PLT uses reasonable efforts to include accurate and up to date information. However, J MAKERS PLT makes no warranties or representations as to its accuracy. In particular, the Company assumes no liability or responsibility for any errors or omissions in the content of the Website and the Apps, and the use of it by you.
Everything on the Website and the Apps is provided on an "as is" basis without any representation, endorsement or warranty of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or non-infringement.
Any information you provide to the Company, through or in connection with this Website or the Apps will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of J MAKERS PLT or its affiliates who are free to use the information for any purpose.
You agree that no submissions provided by you to the Website or the Apps will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any submissions you make.
Links to Other Websites
This Website or the Apps may contain links to other websites. These are provided solely as a convenience to you and access to any of these linked websites is at your own risk.
J MAKERS PLT does not control and is not responsible for any of these websites or their content.
J MAKERS PLT does not allow unauthorised hypertext links to the Website or to the Apps.
Representation and Warranties
By using the Service, you expressly represent,warrant, undertake, co
nvenant and confirm with the Company that:-
Licence Grant and Restrictions
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited licence to use the Website and/or Apps and/or the Software, solely for your own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors.
For the avoidance of doubt, you shall not do the following:-
(a) build a competitive product or service;
(b) build a product using similar ideas, features, functions or graphics of the Application or/and the Software, or
(c) copy any ideas, features, functions or graphics of the Website or/and Apps or/and the Software;
You may use the Website or/and Apps or/and the Software only for your personal, purposes and shall not use the Website or/and Apps or/and the Software to:
Payment by the Company
You agree that this Agreement and any payment due and payable under this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
Intellectual Property Rights and Confidentiality
Personal Data Protection
Third Party Interactions
During the use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Website and/or the Apps. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any applications or sites on the Internet that are linked through the Service, Website, Apps and/or the Software, and in no event shall the Company, its licensors or the Company be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms and Conditions.
The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms and Conditions you agree to receive such advertising and marketing materials/information. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.
By agreeing to this Agreement upon accessing the Website, the Apps and/or using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
You further agree to be responsible for and shall indemnify the Company in respect of any breach or threatened breach of any intellectual property rights and confidentiality obligations under part “Intellectual Property Rights and Confidentiality” of this Agreement and undertake to take any and all such action as the Company may reasonably deem fit and necessary to prevent any threatened breach, or contain the effects of any breach or suspected breach, at your own costs.
The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, the Website, the Apps and/or the Software. The Company does not represent or warrant that
The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services through the use of the Service, Website, Apps and/or the Software. You acknowledge and agree that the entire risk arising out of your use of the Service, Website, Apps, Software and/or any third party services remains solely and absolutely with you and you shall have no recourse whatsoever against the Company, its directors,employees and/or officers.
The Service, Website, Apps and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Limitation of Liability
You agree that your use of the
service, Website, Apps and/or Software is at your sole risk and that you are responsible for all costs associated with your access to, or use of, ths Service, Website, Apps and Software. J MAKERS PLT, its directors, employees, associates, suppliers or any other representative will not be liable for any damages, losses, costs, claims or demands of any kind, whether direct, indirect, compensatory or consequential, related to your use of the service, Website, Apps, software or the information content, materials or products included on this Website or the Apps.
Any claims against the Company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you to the Company in utilising the Service during the event giving rise to such claims. In no event shall the Company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service, Website, Apps and/or the Software, including but not limited to the use or inability to use the Service, Website, Apps and/or the Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the Website or Apps or is referred to by the Service, Website, Apps and/or the Software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have used the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, Website, Apps and/or the software, including but not limited to the use or inability to use the Service, Website, Apps and/or the Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the Website or is referred to by the Service, Apps and/or the Software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party providers including, advertisers and/or sponsors.
The Company will not be a party to disputes, negotiations of disputes between you and such third party. We cannot and will not play any role in managing payments between you and the third party providers, including third party advertisers and/or sponsors.
Responsibility for the decisions you make regarding services and products offered via the Service, Website, Apps and/or the software (with all its implications) rests solely with and on you. You expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from your use of the Service, Website, Apps and/or the Software, or in any way related to the third parties including advertisers and/or sponsors introduced to you by the Service, Website, Apps and/or the Software.
The Company may give notice by means of a general notice on the Website, Apps, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email).
You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
The Agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
Neither party is liable in any way for delay, failure in performance, loss or damage due to any of the following force majeure conditions: fire, strike, embargo, explosion, pandemic,power blackout, earthquake, flood, war, labour disputes, civil or military authority, acts of God or the public enemy, inability to secure raw materials, acts or omissions of other carriers or suppliers, or other causes beyond its reasonable control, whether or not similar to the foregoing.
These terms are governed by Malaysia law and any dispute will be resolved exclusively by the Malaysian courts.
Changes to these Terms and Conditions
POLICY OF ACCEPTABLE USE
In using the Services provided by J MAKERS PLT on the https://www.propertypeople.my (the “Website”) and the Property People mobile applications (the “Apps”), you agree not to: