Terms of Use
iPropertyiQ Terms of Use (“Terms of Use”)
- TERMS
By Your use of the services offered byiProperty.com Malaysia Sdn Bhd (“Us” or “We”)
- You acknowledge and agree that the Service and/or information, content, materials, tools and any software used or accessed in connection with the Service (collectively, “the Materials“) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
- We grant You a personal, non-transferable and non-exclusive right and licence to use the Materials provided that You do not (and do not allow any third party to):
- copy, reproduce, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover any source code in the Materials;
- rent, lease, loan, sell, assign, sublicense, distribute, publish, grant a security interest in or otherwise transfer any right in the Materials;
- modify the Materials in any manner or form, nor use modified versions of the Materials, including (without limitation) for the purpose of obtaining unauthorized access to the Materials;
- access the Materials by any means other than through the interface that is provided by us for use in accessing the Materials from the Website;
- remove any copyright or other proprietary notations from the Materials; and
- transfer the Materials to another person or “mirror” the Materials on any other server.
This Agreement shall automatically terminate if You violate any of these restrictions. Upon termination of this Agreement, You must destroy any downloaded Materials or documents in Your possession, whether in electronic or printed format.
- ANNUAL SUBSCRIPTION
- The commercial terms regarding the Services are detailed under the Quotation, including the duration, nature of Services, type of state package, type of area package, number of user accounts, etc.
- Your subscription to the Services is not transferable to any third party.
- AVAILABILITY
- We reserve the absolute right to:
- change our prices and/or withdraw Your licence to use the Service at any time, without giving You any prior notice.
- upgrade or remove any of the features of the Services and/or the Website. No refund or discount will be given to You should You decide not to take up any of the upgraded features, or upon removal of any of the existing features of the Services and/or the Website.
- withdraw any section(s)/title(s)/page(s)/feature(s) of the Services and/or the Website at any time as We deem fit, without giving You any prior notice. No refund or discount will be given to You in the event of any such withdrawal.
- Notwithstanding the foregoing, any Service that has/have already been paid for in full shall not be affected by the change, unless due to our inability to provide the Service or under exceptional circumstances not within our reasonable control. In such circumstances, the provisions under Clause 7 shall apply.
- RENEWAL
- Your licence to the Services is not automatically renewed. We will send You two renewal notices by e-mail prior to Your subscription’s expiry date. We will advise You of the changes to the subscription plan, if any, in the renewal notice.
- CANCELLATION AND REFUND
- The Service fee is paid for the full duration of Your subscription. No cancellation, early termination or alteration of Your licence is allowed.
- Any refunds are provided solely in our absolute discretion and in exceptional circumstances only. Refund is strictly prohibited.
- Refund may be allowed at our sole discretion.
- TERMINATION
- You agree that We may, under certain circumstances and without prior notice, immediately terminate Your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
(a) breaches or violations or purported breaches or violations of this Agreement or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by You (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by You in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by You in connection with the Services.
5.2 Termination of Your account includes
(a) removal of access to all offerings within the Service,
(b) deletion of Your password and all related information, files and content associated with or inside Your account (or any part thereof), and
(c) barring of further use of the Service.
5.3 Further, You agree that all terminations for cause shall be made in our sole discretion and that We shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Service.
- COMPLAINTS
- Any complaints about items or sellers may be sent to our support team: iq@iproperty.com. There is no guarantee of a resolution. Each case will be looked at individually.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS NOT LAWFUL).
- WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT :-
- THE SERVICE WILL MEET YOUR REQUIREMENTS;
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- THE SERVICE WILL BE ACCESSIBLE AT ANY TIME,
- THE MATERIALS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY SERVICE OR MATERIAL SUBSCRIBED, DOWNLOADED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
- ANY ERRORS IN THE SERVICE OR MATERIAL WILL BE CORRECTED.
- ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO, OR CORRECT ANY ERROR OR OMISSIONS IN, ANY PART OF THE SERVICE OR THE MATERIALS. THE MATERIALS ARE PROVIDED OR MADE AVAILABLE BY US ON AN “AS IS” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS OR THE SERVICES.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE (SAVE FOR ANY FRAUDULENT MISREPRESENTATION BY US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE).
- LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE SERVICE, THE MATERIALS AND THE TOOLS; (ii) THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES SUBSCRIBED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
- ANY GOODS OR SERVICES DISPOSED OF OR MESSAGES SENT OR RECEIVED USING THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE, THE MATERIALS OR THE PRODUCTS.
NOTHING IN THESE TERMS OF USE SHALL LIMIT THE LIABILITY OF US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES, AS THE CASE MAY BE FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR THEIR NEGLIGENCE.
- EXCLUSIONS AND LIMITATIONS
- YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH IN SECTIONS 7 AND 8 ABOVE REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- FINANCIAL MATTERS
- The Service is provided for informational purposes only, and no Material included in the Service (such as any financial or calculation tools) is intended for trading or investing purposes nor shall it constitute any specific advice given to You. You agree that You are solely and absolutely responsible for all sale or investment decisions made by You. We shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
- LINKS
- The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Since We do not possess any control over such sites and resources, You acknowledge and agree that We will not be held responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Use of any such linked the Website is at the user’s own risk.
- GOVERNING LAW
- Any claim relating to this Website shall be governed by the laws of Malaysia without regard to its conflict of law provisions.