TERMS OF SERVICE

FOR PROPPYNEWS USER

Last updated: September 1, 2022

Your access/use of this website, mobile-site, micro-site, or mobile-application (including such products/services as may be made available on and/or through the websites, mobile-sites, micro-sites or mobile-applications by ProppyApp)(collectively, the “Platforms”) are subject to the Terms of Use and our Privacy Policy, including any amendments thereto which ProppyApp Co., at its sole discretion, may make from time to time.

ProppyApp Co. reserves the right at any time, to change, modify or discontinue any aspect or feature of the Platforms, including, without limitation to the contents, data and availability. You are advised to refer to these Terms each time you access/use the Platforms to ascertain and understand any additions, deletions, modifications, revisions and/or variations that may be made to these Terms from time to time, and you shall be deemed to have read, understood and accepted these Terms, including such additions, deletions, modifications, revisions and/or variations each time you access/use the Platforms.

If you do not agree to any of the Terms of Use and/or Privacy Policy, you shall immediately cease your access/use of the platforms.

1. ProppyApp Co.

  1. The Platforms are developed, owned, managed, and operated by ProppyApp Sdn. Bhd. [Registration No. 202101010561 (1410860-H)] (“ProppyApp Co.”) and/or its approved third-party vendors.
  2. The Platforms are created with the intention of utilising and capitalising on the latest technologies to revolutionise the way we sell, buy, list, invest and manage our properties. Our aim is to provide a safe, trustworthy and credible platform for the property, real estate and its related services and industries to communicate, transact and do business effectively, taking that technological quantum leap into the future.
  3. These Terms of Service (“TOS”) shall cover your access/use to our feature in the ProppyNews Services in the Platforms (“ProppyNews Services”) for which you have opted for without a fee and/or any forms of payment whatsoever.
  4. ProppyNews Services is an online content/news aggregator and obtains its content from different online sources. Provision of the ProppyNews Services to you shall be in the form of publication to be made available to ProppyNews User from time to time.

2. Definitions

  1. References to “you“, “your” or “yours” refer to any person using the Platforms. References to “we“, “us” or “our” refer collectively to ProppyApp Co..

3. Acceptance

  1. These TOS constitute a legally binding agreement between you and ProppyApp Co.. Your access/use of the ProppyNews Services constitutes your acceptance of these TOS.

4. ProppyNews User

  1. Your access/use of the ProppyNews Services requires a registration process (as a user of the Platforms). In such case where registration is required for the ProppyNews Services (as a user of the Platforms), you are identified as a “ProppyNews User”.
  2. When you register as a ProppyNews User, we will ask you to provide your personal information including, without limitation to your name, address, identity card number, passport number, date of birth, gender, mobile phone number, a valid email address and a unique password.
  3. Upon the completion of the applicable registration process, you, as a PROPPYNEWS User, agree as follows: –
    1. you shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account;
    2. you shall be responsible for all the access/use of the contents of your user account;
    3. you, as a ProppyNews User, may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer a user account, ID or password to a third-party without the prior consent of ProppyApp Co.. ProppyApp Co. may suspend or terminate the account of a ProppyNews User or the transferee of a ProppyNews User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this section;
    4. ProppyApp Co. reserves its right to suspend or terminate a ProppyNews User’s account at any time and
    5. ProppyApp Co. shall also reserves the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason whatsoever.
  1. Save for cases of fraud or abuse which are not your fault, you accept that all use of the ProppyNews Services placed under your user account are your sole responsibility.
  2. If you wish to delete your user account, please send us an email requesting the same. We may restrict, suspend or terminate your user account and/or use of the ProppyNews Services, if we reasonably believe that: –
    1. someone other than you is using your user account; or
    2. where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

5. Disclaimer

  1. ProppyNews Services is an online content/news aggregator and obtains its content from different external publicly available online sources. The content in the ProppyNews Services do not belong to ProppyApp Co. nor do they reflect the opinions of ProppyApp Co. and its staff. Your use of the ProppyNews Services indicates your understanding and acceptance of this information. User discretion is recommended.
  2. ProppyNews Services, including the information, materials, content, services, products, data, text, graphics, images, audio, video, links or other items therein, are provided on an “as is” basis and to the fullest extent permitted by law are without warranty of any kind whatsoever, whether express or implied, including without limitation any implied warranties of merchantability, usefulness, operation, completeness, satisfactory quality, reliability, fitness for use, fitness for any particular purpose and non-infringement of third party rights. While the information and content in the ProppyNews Services is believed to be accurate, it may contain errors or inaccuracies. ProppyNews Services give no assurance of the accuracy of all information contain therein at all times.
  3. The materials, information and functions provided in the ProppyNews Services are for informational purposes only and shall not under any circumstances be considered or construed as an offer or solicitation to sell or supply, or as the giving of any financial or investment advice. You shall be responsible to conduct your own analysis and evaluate the quality, adequacy and completeness of all content, advice, statement, opinion and other information obtained or accessible through the ProppyNews Services. Further, you should seek professional advice and obtain independent verification of the materials and information provided herein prior to committing to any investment, transaction or commercial decision based on any such materials or information.

6. Personal Data Protection

  1. Your access/use of the PROPPYNEWS Services is subject to the Malaysia Personal Data Protection Act 2010. Our Privacy Policy sets out the general terms in relation to the manner in which personal data is processed by ProppyApp Co..
  1. If you do provide personal data to ProppyApp Co. by accessing/using the ProppyNews Services, you shall be deemed to have agreed, accepted and consented to the processing of the personal data by ProppyApp in the manner set out in the said Privacy Policy.

7. Term And Termination

  1. The Term of you as a ProppyNews User will commence from the date you register a user account in the Platforms and shall continue until the day you decide to stop using the Platforms. We may terminate or suspend the ProppyNews Services offered by us at any time, including in the event of your actual or suspected unauthorised use of the ProppyNews Services. If we terminate or suspend your access to the ProppyNews Services, you agree that ProppyApp Co. shall have no liability or responsibility to you and ProppyApp Co. will not refund any fee (if applicable) that you have paid.

8. Indemnity

  1. You agree and acknowledge to defend, indemnify (and keep fully indemnified) and hold ProppyApp Co, its subsidiaries, agents, directors, officers, employees and/or assignees, harmless from and against any claims, damages, costs, judgments, losses or expenses (including but not limited to loss of goodwill, reputation and legal costs on a solicitor and client basis) arising out of any breach by you of any of these TOS however occasioned, or any infringement of any rights of another in connection with your use of the ProppyNews Services.
  2. You further agree that ProppyApp Co. shall not be liable to you for any loss of profit, goodwill, business opportunity, anticipated savings, and credit rating or for any indirect or consequential loss or damage suffered or flowing from your use of ProppyNews Services whatsoever.

9. Confidentiality

  1. Personal data held by us will be kept confidential in accordance with these TOS pursuant to any applicable law that may from time to time be in force.
  2. Any questions, comments, suggestions or information other than personal data sent or posted through our Platforms or the ProppyNews Services, or any part thereof by you will be deemed voluntarily submitted or provided to us on a non-confidential and non-proprietary basis.
  3. We reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely without further reference to you.

10. Waiver And Severability

  1. No failure or delay by ProppyApp Co. in exercising any right, power or remedy under these TOS shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy in the future. Without limiting the foregoing, no waiver by ProppyApp Co. of any breach by the other party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. If at any time any provision of these TOS is or becomes illegal, invalid or unenforceable in any respect, then such offending provision shall be deemed to be severed from these TOS and the legality, validity and enforceability of the remaining provisions of these TOS shall not be affected or impaired thereby and shall remain in full force and effect.

11. Limitation Of Liability

  1. In no event shall ProppyApp Co. be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, without limitation to, negligence or otherwise) caused through the access/use, or the inability to access/use, of the ProppyNews Services, the contents, data or third-party products/services.
  2. Under no circumstances, including, without limitation to any negligence, shall ProppyApp Co. be liable for any indirect, special, consequential or incidental damages that result from the access/use of, or the inability to access/use the ProppyNews Services, the contents, data or third-party products/services, even if ProppyApp Co., its directors, officers, employees, affiliates and agents have been advised of, or should have foreseen, the possibility of such damages.

12. Governing Law And Dispute Resolution

  1. 1These TOS shall be governed by the laws of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction.
  2. Any disputes, actions, claims or causes of action arising out of or in connection with these TOS shall be referred to the Asian International Arbitration Centre (“AIAC”) in accordance with the AIAC Arbitration Rules as modified or amended from time to time (“Rules”) then in effect. The arbitration shall be conducted by a sole arbitrator, appointed by the Director of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be in Kuala Lumpur, Malaysia, in the English language. The arbitration award shall be final and binding on the parties thereto.

13. Miscellaneous

  1. ProppyApp Co. retains the right, at any time and without any notice or cause, to discontinue the ProppyNews Services, and/or any products/services made available on and/or through the Platforms.
  2. These TOS will inure to the benefit of and be binding on the respective successors and permitted assigns of the parties.
  3. ProppyNews may contain functionality to allow User and third parties to utilise searches for various purposes, such as inviting property agents to contact the User, to assist the User in renting, buying or selling a property owned by the User, soliciting and/or receiving an offer for home related services, etc. Where ProppyApp Co. has made such functionality available, User will have the ability to control its visibility for such searches within ProppyNews.
  4. ProppyNews User who chooses to access/use the ProppyNews Services from locations other than Malaysia shall do so on their own initiative and are personally responsible to comply with all applicable local laws affecting or being applicable to the particular user.
  5. Should you wish to contact us for any queries, questions or concerns of these TOS, you may send an email to us at [email protected]