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TERMS AND CONDITIONS
“iBilikPlus Automated Tenant Management System” (“Hosted Services”) are made available by PROP TECH VENTURES SDN BHD [Registration No. 202001026512 (1382832-P)] (“Service Provider”) to you at its sole and absolute discretion and by using the Hosted Services upon Activation including but not limited to, purchasing any plan, product and/or services on “Software as a Service (SaaS)” (“App”), you unconditionally:-
(a) acknowledge that you have read and fully understood these Terms and Conditions and agree to be bound by these Terms and Conditions; and
Any person that you allow to access the Hosted Service using your Account shall also be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue with the registration process or Activation or the use of this Hosted Services.
1.1.1 You hereby agree, undertake and covenant that you shall not:-
(i) licence, sublicence, access, use, sell, transfer, assign, distribute, publish, disclose or otherwise make the Hosted Services, the App and/or any information obtained by you while using the Hosted Services and/or the App available to any third party;
(ii) modify, decompile or copy the Hosted Services, the App and/or any of its components;
(iii) access or use the Hosted Services and/or the App to build or support any products or services competitive with the Hosted Services and/or the App;
(iv) circumvent user authentication or security of any host, network or account (“Hacking”) or interfere with service to any user, host or network (“Denial of Service Attacks”) or otherwise cause immediate, material or ongoing harm to the Hosted Services and/or the App;
(v) attempt to probe, scan or test the vulnerability of the Hosted Services, the App and/or the network or breach any security or authentication measures;
(vi) use the Hosted Services and/or the App dishonestly, fraudulently or illegally;
(vii) use the Hosted Services and/or the App to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience or nuisance to any person;
(viii) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Service Provider or any other third party (including other users) appointed by the Service Provider to protect the ability of the Service Provider to provide the Hosted Services via the App;
(ix) remove, change and/or obscure in any way anything on the Hosted Services and/or the App or otherwise use any material or information obtained whilst using the Hosted Services and/or the App save and except as set out in these Terms and Conditions;
(x) falsely identify itself or provide any false information to establish any account that will be used to gain access to and/or use of the Hosted Services and/or the App; and
(xi) use the Hosted Services and/or the App in a manner that violates any applicable law or regulation, infringes on the rights of any person or entity, or violates this Agreement.
2. OBLIGATION OF SERVICE PROVIDER
2.1 Provision of Services
2.1.1 The Hosted Services made available to you via the App may perform the following transactions (collectively referred to as “Transactions”):-
(a). register and create a tenancy account (“Account”);
(b) .generate bills and invoices of tenancy;
(c). coordinate payment of monthly rental through payment gateway platform;
(d). generate short message service (SMS);
(e). integrate payment gateway;
(f). integrate smart door lock;
(g). integrate smart utilities meters;
(h). integrate accounting software; and/or
(i). any other services as may be provided by the Service Provider to you from time to time.
2.1.2 The Hosted Services and the App is only available on portable and wireless telecommunications device such as smartphones, tablets and also computers and laptops (collectively referred to as “Device/Computer”) and is strictly for your personal use.
2.1.3 The record of all Transactions authenticated through the transaction PIN number and Device/Computer number registered for the Account shall be binding and conclusive evidence of your Transaction.
2.1.4 Any instruction, confirmation and/or communication sent from the Device/Computer via the Account shall be deemed to have been sent and/or issued by you irrespective of whether such instruction, confirmation and/or communication were actually sent by you or not and the Service Provider shall deem that the Hosted Services and/or the App have been accessed legitimately and the Transactions conducted shall be valid. You shall be personally liable and responsible for the use of the Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been authenticated irrespective of whether the transaction is undertaken and/or transacted by you unless it can be established that such transaction was erroneously transacted due to the fault of the Service Provider.
2.1.5 You acknowledge that a transaction being performed is not always simultaneous with an instruction being given by you. Some of the Transactions may take time to process and may only be processed during normal working hours, even though Hosted Services and/or the App may be accessible outside such hours.
2.1.6 Notwithstanding anything to the contrary, the Service Provider reserves the absolute right to block or decline any transaction at its absolute discretion without assigning any reason thereto.
2.2.1 The Service Provider shall make the Hosted Services and the App available to you in accordance to this Agreement at such service fees imposed by the Service Provider.
2.2.2 The Service Provider is using Amazon EC2 to run the Hosted Services and the App and will take reasonable measures to keep the Hosted Services and the App uptime at or above 99.99% during the Term of this Agreement.
2.2.3 For avoidance of any doubt, the Service Provider shall not be held liable or be responsible to you or any party for any loss or damages in the event the Hosted Services and/or the App is unavailable or interrupted due to any of the following events:-
a. termination or suspension of this Agreement or your use of or access to the Hosted Services and/or the App;
b. Force Majeure (as defined in Clause 11 hereof);
c. power outage;
d. failure of system or network;
e. scheduled or unscheduled maintenance carried out to the Hosted Service and/or the App; and/or
f. other unanticipated interruptions.
2.3 Maintenance and Support
2.3.1 The Service Provider shall undertake the maintenance of the Hosted Services and the App (“Maintenance”) and provide standard system support (“System Support”) to you from time to time.
2.3.2 The Service Provider shall take all reasonable steps to minimise disruption to the operation of the Hosted Services and/or the App arising from the Maintenance and System Support.
2.4.1 The Service Provider shall have the right to improve and upgrade the Hosted Services and/or the App to the benefit of you from time to time and shall promptly notify you of any upgrade that will significantly change the functionality of the Hosted Services and/or the App.
2.4.2 The Service Provider does not make any representation, warranty and/or undertaking (whether express, implied or otherwise) that the Hosted Services, the App and any subsequent revisions, updates, upgrades or versions are and would be compatible with your Device/Computer. The Service Provider shall not be liable or responsible in any manner whatsoever for any liability, loss, damage, costs and expenses suffered and/or incurred by you due to the Hosted Services and/or the App being incompatible with your Device/Computer.
3. OBLIGATION OF CUSTOMER
3.1 You hereby undertake, warrant and represent as follows:-
a. you shall keep its personal information, password and PIN number for the Account private and confidential at all times and shall take all steps to prevent disclosure of your password and PIN number;
b. you shall ensure that all information and data provided to the Service Provider including personal data are true, accurate, updated and complete and shall promptly update such information and data if there is any change to the same;
c. you shall comply with all notices and instructions given by the Service Provider from time to time in relation to the use of the Hosted Services and/or the App;
d. you shall be fully responsible for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Hosted Services and/or the App;
e. you shall be fully responsible for any and all data, information, confirmation and/or instruction transmitted or broadcasted from your Device/Computer whether by you or any other person whether authorised or otherwise;
f. you shall comply with all applicable laws of Malaysia relating to the Hosted Services and/or the App;
g. you shall take all reasonable steps to prevent fraudulent, improper or illegal use of the Hosted Services and/or the App;
h. you shall report to the Service Provider immediately upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Device/Computer and/or your use; and
i. your shall indemnify and keep the Service Provider indemnified against any loss, damage, liability, costs and expenses from any claim for libel, invasion of privacy, infringement of copyright, patent, breach of any law or regulation whatsoever transmitted, received or stored via the Hosted Services and/or the App and for all other claims arising out of any act or omission on the part of you or any authorised use or exploitation of the Hosted Services and/or the App.
4.1 Activation Fees
4.1.1 Upon signing of this Agreement, you shall pay an activation fees imposed by the Service Provider (“Activation Fees”) to the Service Provider.
4.1.2 Upon the receipt of the Activation Fees by the Service Provider from you, the Service Provider shall generate an Account for you and furnish you with all the login particulars for the Account in order to access and use the Hosted Services and the App. You are only entitled to use the Hosted Services and the App after the Account has been activated.
4.2 Subscription Fees
4.2.1 Upon signing of this Agreement, you shall subscribe to any and/or all of the plans (“Subscription Plan”) at such applicable fees determined by the Service Provider (“Subscription Fees”) and pay the applicable Subscription Fees to the Service Provider.
4.2.2 You shall be entitled to upgrade your subscription plan at any time with the consent of the Service Provider and you shall pay the additional subscription fees for such upgrade to the Service Provider upon demand.
4.2.3 For avoidance of any doubt, the Subscription Fees are excluded from the Service Fees as defined hereinafter in Clause 4.3 hereof.
4.3 Service Fees
4.3.1 You shall pay the services fees determined by the Service Provider (“Service Fees”) to the Service Provider on a prepaid basis in the following manners in order to perform the Transactions:-
(a). upon activation of the Account, you shall first prepay to the Service Provider a minimum amount of Ringgit Malaysia Two Hundred (RM365.00) only into the Account; and
(b). subsequently, you shall be entitled to top up a minimum amount of Ringgit Malaysia Two Hundred (RM200.00) only at any one time.
4.3.2 Every RM1.00 paid by you into the Account shall be converted to 1.00 credit which shall be utilised by you to perform and transact the Transactions.
4.3.3 You shall only be entitled to perform and/or transact any or all of the Transactions using the available credit (“Available Credit”) in the Account and not otherwise. The Service Provider shall have the absolute right to decide the respective credit rate(s) (“Credit Rate”) to be utilised by you to perform each of the Transactions.
4.3.4 You hereby authorise the Service Provider to deduct any Available Credit and/or money from the Account to perform and transact the Transactions.
4.3.5 You shall ensure there is sufficient Available Credit in the Account before using the Hosted Services and/or the App to cover the total cost(s) of the Transactions, failing which the Service Provider shall have the absolute right to block, reject or decline any of the Transactions to be transacted through the Account.
4.4 Server Maintenance Fees
4.4.1 You shall pay the server maintenance fees determined by the Service Provider (“Server Maintenance Fees”) to the Service Provider every year.
4.4.2 You shall not be entitled to utilise the Available Credit to pay for the Server Maintenance Fees.
4.5.1 Notwithstanding anything to the contrary, the Service Provider shall have the absolute right to revise or increase the Subscription Fees, Credit Rate and/or Server Maintenance Fees from time to time PROVIDED ALWAYS THAT the Service Provider shall first notify you of such revision or increment and you shall be entitled within seven (7) days upon receipt of the notification to elect whether to terminate this Agreement on continue with the engagement of the Hosted Services via the App.
220.127.116.11 In the event you elect to terminate this Agreement, the Service Provider shall have the right to immediately suspend your use of the Hosted Services and/or the App.
18.104.22.168 In the event you elect to continue with the engagement of the Hosted Services via the App or fails to make the election to terminate this Agreement within the time stipulated in Clause 22.214.171.124 hereof, you shall be deemed to agree to continue with the engagement of the Hosted Services via the App and agree to such revision or increment of the Credit Rate and/or Server Maintenance Fees.
4.6 Mode of Payment
4.6.1 All the aforesaid payment(s) shall be made by you to the Service Provider by way of cash, banker cheque, bank draft, cashier order, Customer’s cheque and/or electronic payment and all such payment shall be deemed to be paid/made on the day such payment is received by the Service Provider.
4.7 Non-Refundable and Non-Transferable
4.7.1 You agree that all payment(s) paid by you to the Service Provider and/or paid into the Account are non-refundable nor non-transferable to any third party.
5.1 If you:-
(a). are reasonably suspected to be involved in any of the restricted activities as set out in Clause 1.1 hereof;
(b). commit any breach of or fail to perform or observe any material term, condition or covenant of this Agreement and fail to remedy the said breach within seven (7) days upon notice given by the Service Provider to do so; and/or
(c). if you are an individual, become a bankrupt or being a company, enter into liquidation whether compulsory or voluntary,
the Service Provider may forthwith terminate this Agreement and in such event the Service Provider shall have the absolute right to:-
(a). cancel or refuse any of the Transactions;
(b). suspend or terminate any of your Account(s) and use of the Hosted Services and/or the App by you;
(c). permanently delete or destroy any and/or all data and information provided by you to the Service Provider by and through the Hosted Services and/or the App, may include personal data; and/or
(d). take further steps as the Service Provider may deem necessary.
5.2 In the event Clause 5.1 shall apply, the Service Provider shall not be obliged to refund the Available Credit (if any) to you.
5.3 In the event you do not perform any transaction for more than one (1) year,
(i) the Service Provider shall at its absolute discretion to treat the Account as dormant and suspend the Account and use of the Hosted Services and the App. The Service Provider shall not be held liable to you for any reason whatsoever due to the suspension of the Account and/or use of the Hosted Services and the App;
(ii) all the balance Available Credit (if any) in the Account shall be deemed expired and no longer can be used to perform any of the Transactions; and/or
(iii) at your request and subject to you having paid to the Service Provider an administrative fees equivalent to ten per centum (10%) of the cash value of the balance Available Credit OR a minimum sum of Ringgit Malaysia Fifty (RM50.00) only, the Service Provider may either: (i) convert the balance Available Credit into cash and refund cash to you; or (ii) transfer the balance Available Credit to other designated existing user’s account under the Hosted Services and the App.
5.4 In the event the Account and/or the use of Hosted Services and the App has been suspended and you request for reactivation of the same, the Service Provider may at its absolute discretion reactivate the Account, Hosted Services and/or the App subject to any requirements are may be determined by the Service Provider.
5.5 The suspension or termination of this Agreement shall not prejudice or affect any right of action which has accrued prior to such suspension or termination of this Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
6.1.1 You acknowledge that the Service Provider owns exclusively and reserves all right, title and interest in and to the Hosted Services, the App and the software underlying the Hosted Services and/or the App, including all of the Service Provider’s related intellectual property rights.
6.2 Reserved Rights
6.2.1 You shall not exercise any right, title and interest in and to the Hosted Services, the App and the software underlying the Hosted Services and/or the App, except for the limited access and usage rights granted by the Service Provider in this Agreement.
6.2.2 The Parties hereby acknowledge that there is no transfer of any right, title or ownership rights to the Hosted Services, the App and software underlying the Hosted Services and/or the App to you.
7.1 The Hosted Services and the App are provided by the Service Provider to you on an “as is” and “as available” basis.
7.2 Save and except as expressly set out in these Terms and Conditions, the Service Provider hereby expressly disclaim all representations, conditions, warranties (whether express or implied, statutory or otherwise) including but not limited to the following:-
(i) the availability, accessibility, timeliness and uninterrupted use of the Hosted Services and/or the App;
(ii) accuracy, completeness, timeliness or the security any data and information provided to you as part of the Hosted Services and/or the App;
(iii) any implied warranty of merchantability;
(iv) any implied warranty of fitness for a particular purpose;
(v) any implied warranty of infringement; and
(vi) any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Hosted Services and/or the App provided by the Service Provider.
8. SERVICE PROVIDER’S LIABILITY
8.1 The Service Provider shall not liable for any liability, loss, damages, costs and/or expenses (whether direct or indirect), or for loss of revenue, loss of business, loss of profits or any consequential or indirect loss whatsoever as a result of the use or misuse of the Hosted Services and/or the App by you.
8.2 You shall be solely responsible to make all efforts to ensure it downloads the most up to date version of the App and Hosted Services and also ensure its App is up to date. The Hosted Services and/or the App shall be periodically updated by the Service Provider and you shall check the Hosted Services and/or the App regularly to ensure you have the latest information.
8.3 You acknowledge that the Service Provider is unable to exercise control over the security or subject matter passing over the Telecommunication Provider’s Network, the App or via the Hosted Services, and the Service Provider hereby exclude all liability of any kind for the transmission or reception of infringing any subject matter of whatsoever nature.
8.4 Notwithstanding anything to the contrary contained herein, the maximum liability of the Service Provider shall not exceed an amount equivalent to the aggregate cash value of the Available Credit in the Account at the date on which your claim arises.
9. EXCLUSION OF LIABILITY
9.1 The Service Provider shall not be liable for any special, direct, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of the Hosted Services and/or the App and the Service Provider expressly excludes all liabilities whatsoever in respect of any loss arising as a result of:-
1. use of the Hosted Services and/or the App, or reliance on Hosted Services and/or the App, or any loss of Hosted Services and/or the App resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
2. defect that may exist for any costs, loss of profits or consequential losses arising from your use of, or inability to use or access, or a failure, suspension, withdrawal or termination of all or part of the Hosted Services and/or the App at any time.
9.2 All representations, conditions and warranties that may be implied or incorporated into these Terms and Conditions by law or otherwise are hereby expressly excluded to the extent permitted by law.
10.1 You hereby agree and undertake to fully indemnify and to keep the Service Provider indemnified from and against any claim brought by a third party resulting from the use of the Hosted Services and/or the App in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses) or liabilities whatsoever or howsoever suffered or incurred directly or indirectly by the Service Provider in consequence of and/or in connection with your use of the Hosted Services and/or the App and your breach of any of these Terms and Conditions.
11. FORCE MAJEURE
11.1 Without limiting the generality of any provision in these Terms and Conditions, the Service Provider shall not be liable or responsible for any non-performance or delay in performance of its obligations herein (including but not limited to the non-availability and/or interruption of the Hosted Services and/or the App) caused by Force Majeure.
11.2 In this Agreement, “Force Majeure” means any cause which is not within the control of the Service Provider including but not limited to act of God, industrial dispute of any kind, act of government, government restraint, expropriation, change of law, lockouts, blockade, outbreaks and pandemics and interruption or failure of utility service including but not limited to electric, power, gas or telecommunication services.
11.3 Notwithstanding Clause 11.1 hereof, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to the Service Provider.
12.1 Each party acknowledges that it may have access to information that is confidential to one another (“Confidential Information”) in connection with this Agreement.
12.2 Each recipient of the Confidential Information under this Agreement shall:-
1. keep the disclosing party’s Confidential Information confidential and protect it to the same extent that a reasonable person would protect such Confidential Information; and
2. not use the disclosing party’s Confidential Information in any way for its own account or the account of any third party except to perform its duties, exercise its rights or is otherwise authorised under this Agreement or required by the law.
12.3 The restriction contained in this clause shall continue to apply after termination of this Agreement.
13. PERSONAL DATA PROTECTION
13.1 You hereby give your consent to the Service Provider to obtain your personal information, which is subject to such applicable data protection, privacy and other similar laws, and include information concerning your company particulars, data and credit worthiness, its directors’ and shareholders’ names, identity card numbers, passport numbers, nationalities, residency, genders, dates of birth, ages, races, occupations, marital status, addresses, contact information, telephone numbers, facsimile numbers, email addresses, credit worthiness, data and other status in relation to this Agreement and to disclose the said personal information to other third parties in relation to this Agreement including but not limited to government agencies, statutory bodies, industry regulators, financial institutions, suppliers, solicitors, secretarial and services agents.
14. NO PARTNERSHIP OR AGENCY
14.1 Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture of any kind between the Parties, or to authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
15. TIME TO BE OF THE ESSENCE
15.1 Any time or period mentioned in any provision of this Agreement may be extended by mutual agreement in writing between the Service Provider and you but as regards any time, date or period originally fixed or any time, date or period so extended as aforesaid time shall be of the essence of the contract.
16.1 No delay in exercising or non-exercise by any party of any of its rights, powers or remedies under or in connection with the Agreement shall operate as a waiver of that right, power or remedy. Any such waiver must be specifically granted in writing signed by the Party or his Solicitors granting it. The waiver or release shall only operate as the waiver or release of a particular breach specified and not of further breaches of the same or any other type, unless expressly stated otherwise.
17.1 If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
18.1 Every notice, request, demand or other communication under this Agreement shall, unless otherwise specifically stated in this Agreement,
(a) be in writing addressed to the receiving party at their last known addresses delivered by hand, courier or registered letter; and
(b) be deemed to have been sent, in the case of delivery by hand or courier, when delivered to the address of the receiving party and, in the case of registered letter, when posted three (3) Business Days after it has been put into the post.
19. APPLICABLE LAW
19.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia.
20. SUCCESSORS BOUND
20.1 This Agreement shall be binding upon the heirs, personal representatives, successors-in-title and permitted assigns, as the case may be, of the Parties hereto.
21. HEADING FOR CONVENIENCE ONLY
21.1 The subject headings of the clauses in this Agreement are included for the purpose of convenience only and shall not in any way affect the construction or interpretation of any of its provisions.
22. ENTIRE AGREEMENT
22.1 This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof. It is agreed and declared that no party has entered into this Agreement in reliance upon any representation, warranty or undertaking of any of the other party which is not expressly set out in this Agreement.
23. APPLICABLE TAX
23.1 In the event the Service Provider’s supply of the Hosted Services and/or the App is subject to any tax chargeable other than the income tax payable by the Service Provider, if applicable (“Applicable Tax”), you shall be responsible and liable to pay the Applicable Tax and shall pay the same to the Service Provider upon receiving a notice given by the Service Provider.
24.1 Unless the context otherwise requires,
a. references in this Agreement to:
(i). the parties herein shall include their successors-in-title, permitted assigns and any other person or party for the time being deriving title under it and, in the case of the Service Provider and you, the assign of the Service Provider and you; and
(ii). this Agreement or any other instrument is a reference to this Agreement or that other instrument as amended, varied, novated or substituted from time to time;
b. any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified or re-enacted whether before or after the date of this Agreement;
c. references to recitals, clauses, sub-clauses, schedules and appendices are to recitals, clauses, sub-clauses and schedules of and appendices to this Agreement;
d. the headings are for convenience only and shall not affect the interpretation thereof;
e. words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter gender and vice versa;
f. words and expressions denoting the whole include any part;
g. a word or expression denoting a collection or group consisting of two (2) or more constituents thereof includes any one or more of such constituents;
h. the words “hereof”, “herein”, “hereto”, “hereinafter” and “hereunder”, and words of similar import, when used in this Agreement, shall, unless the context otherwise requires, refer to this Agreement as a whole and not to any particular provision of this Agreement;
i. where there are two (2) or more persons and/or Parties comprised in the expression the covenants, agreements, representations, warranties, undertakings, obligations and liabilities of the said persons and/or parties contained in this Agreement or implied on their part are joint and several and shall be construed accordingly;
j. references to a person includes an individual, firm, body corporate, unincorporated association, government or governmental, semi-governmental or local authority or agency;
k. reference to “Relevant Authority” means any governmental, semi- or quasi governmental and/or other statutory authorities, departments, agencies or bodies and/or any privatised or corporatised bodies or any other corporation which for the time being is authorised under any written law in force in Malaysia;
l. reference to “Parties” means the Service Provider and you collectively and reference to “Party “ means any of the Parties;
m. reference to “Terms and Conditions” or “Agreement” means the terms and conditions for the Hosted Services and/or the App stated herein and also those terms and conditions as may be varied or modified from time to time at the sole discretion of the Service Provider;
n. no rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of this Agreement or any part of it;
o. where an act is required to be done within a specified number of days after or from a specified date, the period is exclusive of and begins to run on the date immediately following the date so specified and where an act is required to be done by a specified date, the period is inclusive of and ends on the date so specified save that where the last day of the period shall fall a day which is not a Business Day, the period shall be extended to include the next following day which is a Business Day;
p. “Business Day” means a day which is not a Saturday, Sunday or a public holiday gazetted by Johor or Malaysia. For avoidance of doubt, Friday is considered as a Business Day unless it falls on a public holiday gazetted by Johor or Malaysia; and
q. the expression “month” means a period starts on one day in a calendar month and ending on the numerically corresponding day in the next calendar month save that, where any such ending day would otherwise fall on a day which is not a Business Day, such ending day shall fall on the next Business Day and provided further that if a period starts on the last day in a calendar month and if there is no numerically corresponding day in that later month in which that period ends, that period shall end on the day immediately next after the last day of that later month subject that if the said ending day is not a Business Day, it shall end on the next Business Day (and references to “months” shall be construed accordingly).
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PROP TECH VENTURES SDN BHD [Registration No. 202001026512 (1382832-P)] (hereinafter referred to “we”, “us” or “our”) values privacy and we are committed to protect all your personal information in accordance with Personal Data Protection Act, 2010 and any other applicable laws.
1. what personal data do we collect;
2. source of personal data;
3. how do we use your personal data;
4. disclosure of your personal data;
5. third party website;
6. obligation to provide personal data;
7. data access and data correction; and
A. What Personal Data Do We Collect?
Personal data generally means any information that identifies you. Your personal data is collected and processed by us at the start of our services or interaction and, from time to time, in the course of our interaction.
The type of personal data collected and processed by us includes:-
(a). name, date of birth, nationality, gender, NRIC / passport number, residency status, correspondence address, contact details including mobile, office and residential telephone number and facsimile number, e-mail address, banking details, financial / creditworthiness information;
(b). employment category (private sector, government sector, self-employed, non-working or others), name of employer and office address, details of relationship with the company (e.g. promoter, director, shareholder);
(c). information about your interactions with the merchants and services;
(d). information such as files and messages that you store using your account through the Hosted Services and App;
(e). such other information relevant or required for:-
(i) provision of services for the purposes of the transaction;
(ii) compliance with legal and regulatory requirements; and
(f). any additional information provided by you or third parties about you.
B. Source of Personal Data
Personal data collected will mainly be from you. However, some personal data may also be collected by us from other available sources including but not limited to credit reporting agencies, government department or agencies, public registries, websites, social media, publications, events, seminars, conferences.
C. How Do We Use Your Personal Data
Your personal data is collected and processed by us for our business activities including the following purposes:
1. to verify your identity;
2. to communicate with you including responding to your enquiries;
3. to provide our services;
4. to facilitate the creation of and secure your account on our network;
5. to provide improved administration of our services;
6. to promote our services and/or products;
7. to improve and customize the quality of experience when you interact with our services;
8. to send you email notifications;
9. to send offers and promotional materials related to our services and for other marketing purposes;
10. for the purposes of the transaction;
11. for our day to day operations and administrative purposes including file management, billing and collection, audits, reporting, investigations etc.
12. for the purposes of enforcing or defending our legal rights and/or obtaining legal advice;
13. to assist in the prevention, detection or investigation of crime or possible criminal activities or for the administration of justice;
14. for security and internal audit purposes;
15. for such other purposes as may be directed or consented to by you; and
16. for all other purposes in relation to or incidental to the above.
D. Disclosure of Your Personal Data
Under certain circumstances, we may be required to disclose your personal data to third parties. Third parties to whom your personal data may be disclosed by us are as follows:
1. any person directed by or consented to by you;
2. any third party service providers who may be located within or outside Malaysia (i) to provide you with the services that we offer you through the platform; (ii) to facilitate creation of accounts; (iii) to provide technical support; and/or (iv) to provide other services to us;
3. any of our joint venturers or other companies under a common control;
4. any person related to Social Networking Sites (SNS);
5. any person for the purposes of compliance with legal and regulatory requirements;
6. our data processors i.e. third party who we engage to process personal data on our behalf including but not limited to archival storage, data entry service providers, computer backup services, disaster recovery services, banks and financial institutions etc.; and
7. our professional advisors including but not limited to legal advisors, tax advisors, financial advisors, auditors, insurance brokers etc.
Further, we may also be required to transfer your personal data outside of Malaysia for the purposes and to such third parties stated in this Notice. The transfer of your personal data outside Malaysia would also be required if you are travelling, residing or based outside Malaysia.
E. Third Party Website
When you click on a link or, in case of smartphone and mobile device, swipe left to connect to any other website or location, you will leave the services and be redirected to another site and another entity may collect your personal information. We have no control over, do not review and cannot be responsible for, these external websites or their contents.
F. Obligation to Provide Personal Data
We acknowledge that you have the right in deciding the information you wish to provide to us. The provision of the information listed above is voluntary in nature. However, please note that if you do not provide the information above or limit the way such information is to be processed, it may result in us not being able to:
1. provide you with our services;
2. communicate or correspond with you; and/or
3. interact with you on the transaction.
G. Data Access and Data Correction
If you wish to request:
1. for access to your personal information;
2. for your personal data to be corrected or updated; or
3. to withdraw your consent or limit the use of your personal data;
please submit your written request to:
PROP TECH VENTURES SDN BHD [Registration No. 202001026512 (1382832-P)]
47-01 & 47-02
Jalan Austin Heights 8/8
Taman Mount Austin
81100 Johor Bahru, Johor
Tel No: +6011 1888 2881
An administrative charge may be imposed for any request under paragraph (a) and (b) above.
Further, we reserve the right to refuse your requests for any reasons permitted under law.
The accuracy and completeness of your personal data depends on the information you provide. We assume that the information you have provided is accurate, up to date and complete unless you inform us otherwise.
Where you provide any third party information to us including but not limited to employer, colleagues, family information, it is our assumption that such information is accurate, up to date and complete and that you have obtained the necessary consent to disclose the same.
Payex's Terms and Conditions
Welcome to Payex.io. All our service subject to the notices, terms and conditions set forth in this agreement. When using any Payex.io service, the customer will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and laid out forthwith. Payex.io reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates you agree to all the terms and conditions in this agreement. Please read the terms and conditions carefully before proceeding.
By accessing this site, you, the customer, represent and warrant that you are at least 18 years old or are visiting the site under the supervision of a parent or guardian.
Subject to the terms and conditions of this agreement, Payex.io hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except when explicitly permitted to do so by Payex.io in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this site or any portion of it unless expressly permitted by Payex.io in writing. You may not make any commercial use of any of the information provided on the site or make any use of the site for the benefit of another business unless explicitly permitted by Payex.io in advance.
Payex.io reserves the right to refuse service, terminate accounts, and/or cancel orders at it's discretion, including, without limitation, if Payex.io believes that the customer's conduct violates applicable law or is harmful to Payex.io's interests.
You shall not upload to, distribute, or otherwise publish through this site any content, information, or other material that
(a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
(b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under international law; or
(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Payex.io may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with the terms and conditions of this agreement, and Payex.io has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Payex.io of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
For safety and security reasons, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, Payex reserves the right to suspend accounts without further notice.
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of Payex.io (collectively, "Content"), belongs exclusively to Payex.io or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Payex.io, without Payex.io's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Payex.io as well as the use of Payex.io trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Payex.io. You may not use Payex.io's Content or Compilation in any manner that disparages or discredits Payex.io or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Payex.io and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Payex.io. Violators will be prosecuted to the full extent of the law.
Intellectual Property Infringement Policy
It is the policy of Payex.io to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other intellectual property laws.
Termination and Effect of Termination
Except as otherwise provided in the standard terms of sale that govern each product on this site, this site, the products offered for sale on it, and the transactions conducted through it are provided by Payex.io on an "as is" basis. Payex.io makes no presentations or warranties of any kind, expressed or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, Payex.io disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. Payex.io does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, Payex.io will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Payex.io's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Payex.io during the month immediately preceding the act allegedly giving rise to Payex.io's liability.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by Payex.io on an "as is" basis. Payex.io makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, Payex.io disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. Payex.io does not warrant that the content will be uniterrupted or error free. To the maximum extent permitted by law, Payex.io will not be liable for any damages of any kind arising from the use of this site, including, but not limited to,indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, Payex.io's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Payex.io during the month immediately preceding the act allegedly giving rise to Payex.io's liability.
These conditions are governed by and interpreted in accordance with the laws of Malaysia and Parties agree to submit to the exclusive jurisdiction of the courts in Malaysia.
This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Payex.io is not responsible for the operation of or content located on or through any such site.
You agree that Payex.io's remedy at law for any actual or threatened breach of this agreement would be inadequate and that Payex.io shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Payex.io may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Payex.io shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Payex.io of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Payex's Refund Policy
Payex reserves the right to refund to you the equivalent sum of amount paid by you in the event Payex for any reason is unable to render the delivery service to you through our delivery partners. In such circumstances, Payex offers cash refund to Customers’s bank account. Payex is conferred the right to request documents, including but not limited to the Customer’s Identity Card, for verification purposes during refunding process. Payex has the right to reject a refund request where it reasonably believes that the refund request may be fraudulent, illegal or involves any criminal activity.