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Terms of Service

These Terms of Service form a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ACCVEN SDN. BHD. (Company Registration No.: 1335523-V), a Malaysian-incorporated company located at 85C, Jalan SS 21/60, Damansara Utama, 47400 Petaling Jaya, Selangor Darul Ehsan, Malaysia (“We” or “Our” or “Us”), concerning your access to and use of PropLive mobile application as well as related applications including Website and Software Login (collectively, “PropLive”).

2. Agreement to terms

  1. You agree that by accessing PropLive and/or Services, you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with all these Terms of Service, then you are forbidden or prohibited from using PropLive and Services and you must discontinue use immediately.
  2. We may make changes to these Terms of Service at any time to reflect changes to our Services, our users’ needs and/or business priorities. The updated version of these Terms of Service will be indicated by an updated date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Service to stay informed of updates. Your continued use of PropLive represents that you have accepted such changes.
  3. PropLive is directed to adult people residing in Malaysia, or any of such nationalities residing elsewhere whenever applicable. The information provided on PropLive is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
  4. PropLive is directed to adult people residing in Malaysia, or any of such nationalities residing elsewhere whenever applicable. The information provided on PropLive is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
  5. You may not access or use PropLive and Services for any purpose other than that for which we make them available. It is not used in connection with any commercial endeavours except those used by affiliated entities that are related to us and/or those that are specifically endorsed or approved by us.
  6. You may not access or use PropLive and Services for any purpose other than that for which we make them available. It is not used in connection with any commercial endeavours except those used by affiliated entities that are related to us and/or those that are specifically endorsed or approved by us.

3. Our mobile application

  1. Pursuant to your download of PropLive’s mobile application from either the Apple Store or Google Play Store or Huawei AppGallery Store (each an App Distributor), we grant you a revocable, non-exclusive, non-transferable, right to install, and free-to-use PropLive and Services on wireless electronic devises owned or controlled by you, and to access and use PropLive and Services on such devices strictly in accordance with these Terms of Service.
  2. The right granted to you shall be in accordance with the usage rules set forth in the applicable App Distributor terms of service.
  3. We are responsible for providing any maintenance and support services with respect to PropLive as specified in these Terms of Service or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to PropLive.
  4. In the event of any failure of PropLive to conform to any applicable warranty, you may notify the App Distributor and in accordance with their terms and policies, may refund the purchase price, if any, paid for PropLive, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to PropLive.
  5. You must comply with applicable third party terms of agreement when using PropLive, i.e. if you have a VOIP application, then you must not be in breach of their wireless data service agreement when using PropLive.
  6. You acknowledge and agree that the App Distributors and third party beneficiaries of these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

4. Information that you provide to us

  1. You represent and warrant that:
    1. all registration information you submit will be true, accurate, current, complete and relate to you and not a third party,
    2. you will maintain the accuracy of such information and promptly update such information as necessary,
    3. you will keep your password confidential and will be responsible for all use of your password and account,
    4. you agree to comply with these Terms of Service, and
    5. you are not a minor in the jurisdiction in which you reside.
  2. If you provide any information that is untrue, inaccurate, not timely or incomplete, we may suspend or terminate your account. We may remove or change a username you select if we determine that such username is inappropriate.

5. Content that you provide to us

  1. In subsequent development of PropLive and Services, you may create and publish or post your real estate or related content to us (collectively, “User Content”). Therefore, you understand and agree that your User Content may be viewed by other users on PropLive, and that they may be able to see who has posted that User Content.
  2. You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you and combine your User Content with other content for use within PropLive and otherwise. We do not have to attribute your User Content to you. When you upload or publish content to PropLive, you grant us such rights to use that content.
  3. In posting User Content, including commentaries and reviews or making indirect contact electronically with other users of PropLive you shall comply with Clause 2 above.
  4. You warrant that any User Content does comply with these Terms of Service, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer because of your breach of this warranty.
  5. We have the right to remove any User Content you put on PropLive if, in our opinion, such User Content does not comply with Clause 2 above.
  6. We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content.
  7. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time.
  8. User Content herein may or may not have been verified or approved by us and the views expressed by other users on PropLive do not represent our views or values.

6. Our published content

  1. For all real estate information contained herein PropLive and Services including audio, video, text, photographs, logos or icons, banners, and graphics (collectively, “Our Content”) are posted or published by us willingly or at our free will without payment and yet made available to us and our related persons and/or entities without payment, unless otherwise indicated and/or represented as such.
  2. All third-party trademarks including logos, banners and icons remain the property of their respective owners and unless specified as such, it does not indicate any business relationship, sponsorship, or endorsement between PropLive and the owners of these trademarks.
  3. Our source codes, databases, functionality, software, website designs, text or graphics or designs specifically designed and produced for PropLive are owned or licensed to us and are protected by copyright and trademark laws.
  4. Except as expressly provided in these Terms of Service, no part of PropLive, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  5. Provided that you are eligible to use PropLive, you are granted a moderate level of access and use of Our Content and to screenshot, download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.
  6. You shall not (a) try to gain unauthorised access to PropLive or any networks, servers or computer systems connected to PropLive; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to PropLive, including the modification of the physical or digital copies you may have downloaded.
  7. We shall (a) prepare PropLive and Our Content with reasonable skill and care; and (b) use industry standard security features to try to block any malicious software or threats that may contain viruses, malware, adware and spyware.
  8. Our Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on PropLive.
  9. Although we make reasonable efforts to update the information on PropLive, we make no representations, warranties or guarantees, whether express or implied, that Our Content on PropLive is accurate, complete, or up to date.
  10. We shall not be liable in any manner for any direct, incidental, consequential, indirect or punitive damage and cost arising out of your access or your inability to log into PropLive at one point of time, and/or arising out of any errors or omissions in Our Content thereof.

7. Links to third party content

  1. PropLive may contain links to websites or applications operated by third parties, whether herein PropLive or links directed from PropLive but outside of PropLive.
  2. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
  3. We accept no responsibility for advertisements contained herein PropLive. If you agree to purchase goods and/or services from any third party who advertises in PropLive, you do so at your own risk.
  4. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

8. Site management

  1. We reserve the right at our sole discretion, to (1) monitor PropLive for breaches of these Terms of Service; (2) take appropriate legal action against anyone in breach of these Terms of Service; (3) refuse, restrict access to or availability of, or disable any of your contributions; (4) remove from PropLive or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage PropLive in a manner designed to protect our rights and property and to facilitate the proper functioning of PropLive and Services.
  2. We do not guarantee that PropLive will be secure or free from bugs or viruses.
  3. You are responsible for configuring your information technology devices including computers, smartphones and mobile tablets, computer programs including internet browsers and the optimum operating system to access PropLive and you should use your own virus protection software.

9. Modifications and availability

  1. We reserve the right to change, modify, or remove Our Content or any other contents at any time or for any reason at our discretion without notice. We also reserve the right to modify or discontinue all or part of PropLive and Services without notice at any time.
  2. We cannot guarantee PropLive and Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance work related to PropLive that will result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use PropLive and Services during any downtime or discontinuance of PropLive and Services.
  3. We are not obliged to maintain and support PropLive and Services or to supply any corrections, updates, or releases.
  4. There may be information on PropLive that contains typographical errors, inaccuracies, or ommissions that may relate to the Services, including descriptions, pricing, availability, unique selling propositions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

10. Disclaimer and the limitation of liability

  1. PropLive and Services are provided on an as-is and as-available basis.
  2. You agree that your use of PropLive and Services will be at your sole risk except as expressly set out in these Terms of Service.
  3. All warranties, terms, conditions, and undertakings, express or implied in connection with PropLive and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
  4. We make no warranties or representations about the accuracy or completeness of PropLive’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from PropLive and/or Services; and/or (4) any bugs, viruses or trojan horses which may be transmitted to or through PropLive by any third parties.
  5. We will not be responsible for any delay or failure to comply with our obligations under these Terms of Service if such delay or failure is caused by an event beyond our reasonable control.

11. Access termination

  1. These Terms of Service shall remain in full force and effect while you use PropLive and Services. You may terminate your use or participation at any time, for any reason, by following the instructions to exit or log out of your user account in your account profile and/or settings.
  2. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of PropLive and Services including blocking certain IP addresses or phone numbers, to any person for any reason including without limitation for breach of any representation, warranty or covenant contained herein or of any applicable law or regulation.
  3. If we determine, in our sole discretion, that your use of PropLive and Services is in breach of these Terms of Service or of any applicable law or regulation, we may terminate your use or participation in PropLive or delete your profile and any content or information that you posted at any time without warning.
  4. If we terminate or suspend your account for any reason set out above, you are forbidden or prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
  5. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. General terms and conditions

  1. Logging into PropLive, visiting our website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on PropLive, satisfy any legal requirement that such communication be in writing.
  2. You hereby agree to the use of in-App chatroom, third-party links, electronic signatures, digital contracts including digital tenancy agreements, online forms including booking and purchase orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via PropLive.
  3. You agree to waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
  4. These Terms of Service and any policies or operating rules posted by us on PropLive or in respect to PropLive and Services constitute the entire agreement and understanding between you and us.
  5. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
  6. We may assign any or all our rights and obligations to others at any time.
  7. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
  8. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
  9. There is no joint venture, partnership, employment, or agency relationship created between you and us because of these Terms of Service or use of PropLive and/or Services.
  10. A person or entity who is not a party to these Terms of Service shall have no right to enforce any provision or term of these Terms of Service.
  11. For us to resolve a complaint regarding PropLive and/or Services or to receive further information regarding the use and consumption of our services, you may contact us by email at patchay@proplive.digitalfrentest.com.

 

Dated: 11 October 2022

PropLive is envisioned as the preferred all-in-one community management solutions and property marketplace

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PropLive is developed, owned, and operated by AccVen Sdn. Bhd., Malaysia Company No.:
201901026194 (1335523-V)