LEGAL DISCLAIMER & PRIVATE POLICY

LEGAL DISCLAIMER & PRIVATE POLICY

INFRA MOBILE DIGITAL SDN BHD (“the Company”) appreciates your interest in its services and your visit to this ProSales’s website (“this Website”). Please read the following terms and conditions before you register as this Website’s member.

LEGAL INFORMATION

Contractual Terms of Use of the prosales.tech platform.
If you browse or otherwise access any content or data on the prosales.tech platform (including its website, mobile site or apps), you agree to be bound by these Terms of Use.
These Terms of Use and our Privacy Policy form the basis on which you may access and use our platform, including its websites, any subdomains of those websites, mobile sites, apps, and APIs(together called “our platform” in these terms). For APIs, the additional terms of use at this link also apply.
We reserve the right to change any or all of our Terms of Use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our Terms of Use or other notices on our platform your sole option is to immediately cease your use of our platform.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Information on our platform and in any prosales.tech publication should not be regarded as a substitute for professional legal, financial or real estate advice.
Infra Mobile Digital Sdn Bhd (the Company) is responsible for maintaining our platform and all prosales.tech publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of the Company, and any Third Party Content on our website) and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.

Restrictions on use of websites
In accessing or using our platform you agree that you will not:

  1. use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;
  2. use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
  3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
  4. use or index any content or data on our platform for purposes of:
    1. constructing or populating a searchable database of properties,
    2. building a database of property information; or
    3. competing with us in any manner that we have not specifically authorised;
  5. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  6. use our platform or any content from our platform in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
  7. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
  9. act in violation of any Term of Use or other condition posed by us or any applicable law;
  10. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our website, except as expressly authorised by us; or
  11. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright
The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Malaysia Copyright Act 1987, the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of prosales.tech copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Intellectual Property Right

Unless otherwise indicated, all the trademarks, service marks, trade names, logos, and the copyright in this Website or any pages thereof, and its contents or materials which includes but not limited to the text, images, graphics, sound files, animation files, video files therein and in their arrangement, is wholly owned by the Company and/or the Company’s clients or licensors, and is protected by applicable Malaysian and international copyright laws, international treaties and other intellectual property rights. No contents and/or materials, whether in whole or in part, of this Website or any pages thereof may be modified, copied, reproduced, displayed, performed, published, broadcast, distributed, retransmitted, transferred, licensed, sold, exploited or commercially dealt with in any manner without the express prior written consent of the Company.

Payment

  1. All the opening deposit and/or payment by way of cheque and/or cash may be made directly to the Company, its subsidiary and/or its authorised agent.
  2. In the event that the payment is made through the Company’s authorised agent, you should insist on an original official receipt issued by the Company. Please contact the Company if you do not receive the original official receipt within 10 working days from the date of the payment made, failing which the Company shall not be deemed to have receive the payment.

Personal Data Protection Policy

In the course of your interaction with this Website and/or dealing with the Company and/or its subsidiary, the Company may hold and process personal information obtained about you and store the information.

This Personal Data Protection Policy (“PDPP”) is prepared in accordance with the requirements of the Personal Data Protection Act, 2010 (“the Act”) and sets out the policies and procedures of the Company with regard to your personal data and your agreement to the usage and processing of your personal data for purposes set out below :-

(1) Definitions

“Personal Data” means any information which relates to you including but not limited to the information concerning your name, nickname, age, gender, date of birth, address(es), email address(es), telephone number(s), CCTV and audio recording(s), photograph(s), opinion(s), comment(s), information in connection to the transactions, programmes and/or packages you have participated in and such other personal information and/or your views and/or opinions that are, have been collected, compiled, processed and maintained with the Company from time to time.

(2) Source of Personal Data

  1. The Company will obtain your Personal Data when you provide your
    Personal Data to the Company in any way and/or manner including pursuant to any transactions and/or inquiries made with the Company. The Company will also receive and store your Personal Data when you enter the Company’s websites, social networking sites and/or blogs.
  2. At no time will the Company purchased any Personal Data or in any way commercially acquired through the purchase or trading of illegitimate and illegal Personal Data databases and/or lists.

(3) Collection and Processing of Personal Data

Your personal information is collected and further processed by the Company and/or its subsidiary as required and/or permitted by law and to give effect to your requested commercial transaction, including the following :-

(i) to process your requested services ;
(ii) to process any payments related to you requested services ;
(iii) to facilitate your participation in any contests or events ;
(iv) to maintain and upkeep the customer’s records and development ;
(v) to conduct internal marketing analysis and analysis of customer patterns and choices ;
(vi) to comply with the Company’s legal and regulatory obligations in the
conduct of its business ;
(vii) to prevent crime (including but not limited to fraud and money laundering) ; and
(viii) to communicate with you by way of e-mail, regular postal mail,  telecommunication (telephone calls, SMS messages and/or social chat application) or internet social media in relation to our product, services, upcoming events, promotions, advertising, marketing and/or commercial materials which we may feel interest you ; and
(ix) to ensure that the content from our website is presented in the most effective manner your computer and/or device.

(4) Disclosure of Personal Data

(a) The Personal Data provided to us is to processed by entities within the Company and/its subsidiary and the Company will assure that :-

(i) access to the Personal Data is restricted to staff who are contractually required to process the Personal Data in accordance with their respective job requirements ; and
(ii) only necessary information is released to the relevant employees.

(b) The Personal Data may be disclosed to the relevant third parties as required
under the law, pursuant to relevant contractual relationship or for the purposes stated in Section 4(3)(a) above and/or directly related to those purposes.

(c) In the event of a potential, proposed and/or actual sale of business, disposal, acquisition, merger and/or re-organisation (“the Transaction”), your personal information may be required to be disclosed and/or transferred to a third party as a result the same. You hereby acknowledge that such disclosure and/or transfer to a third party as a result of the Transaction. You hereby acknowledge that such disclosure and/or transfer may occur and permit the Company to release your personal information to the other party and its advisers and/or representatives.

(d) Your personal information may be disclosed to the following classes of
third parties:

(i) third parties appointed by us to provide services to us or on our behalf
(such as auditors, lawyers, company secretary, consultants, professional advisors, service providers, conference / training / event organiser, other advisers, travel agencies and insurance companies) ;
(ii) Law enforcement agencies, including the local police ; and
(iii) Relevant governmental authorities, statutory authorities, local council
and industry regulators.

(5) Websites

(a) Location enabled products or applications
Location enabled products or applications transmit your location information to the Company. The Company do not use the information sent or provided other than to provide the service you request. Location enable features are opt-in and you have control over your participation and can turn these services off at any time or uninstall them.

(b) Cookies

(i) When you visit this Websites, there is automatic collection of some information about your computer such as IP address, web browser software, and referring website. Such information is only used for the purpose of creating a better user experience and to identify areas for improvement on this Websites.
(ii) Some web pages may require you to provide a limited amount of personal information in order to enjoy certain services on the Website (system login credentials, email address and contact, etc). These personal information will only be used for its intended purposes only, i.e. to respond to your message or deliver the requested services.
(iii) When you access certain pages of this Websites, you may be required
to sign in, using an ID and password. Once you signed in, the Company will record your ID in the cookie file on your computer. Permanent cookie files remain on your computer’s hard drive until you manually delete the file.

Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third-party websites do not form part of our platform and are not under the control of or the responsibility of the Company. When you link to those websites you leave our platform and do so entirely at your own risk. The Company and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by the Company.

Third Party Content
Our platform contains content provided to the Company by other parties (Third Party Content). the Company does not have a practice of monitoring or making inquiries about Third Party Content. The Company is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of the Company. You rely on Third Party Content completely at your own risk.

Editorial content
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.

Policy for linking to our website
You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:

  1. attribute a link to the Company content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);
  2. attribute a link to our site and then link somewhere else;
  3. frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
  4. link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.

We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

Limitation of liability
Certain rights and remedies may be available under consumer protection legislations of Malaysia and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

Jurisdiction
Your use of our platform, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Malaysia.
By using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of Malaysia.

Language
If there is a non-English version of these terms and our Privacy Policy, the English version shall prevail if there is any inconsistency between the English version and any local language version.

 

PROSALES.TECH APPLICATION PROGRAMMING INTERFACE LICENCE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”)

  1. Effect of these Terms and Conditions
    These Terms and Conditions govern your use of the prosales.tech application programming interface (“API”) and forms the basis of a legally-binding contract between you and Infra Mobile Digital Sdn Bhd (the “Company”) regarding the use of the API.

IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD, INSTALL, COPY, USE OR ACCESS THE API. YOUR DOWNLOAD, INSTALLATION, COPYING, USE OR ACCESSING THE API CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

  1. The Application Programming Interface (“API”)
  1. The API is produced by the Company (or its affiliate). The API provides access to specified prosales.tech (“the Website”) content from points outside of the Website domain. The extent of your access to the API is governed by these Terms and Conditions and by any API Scope of Use Specifications that the Company may issue to you.
  2. the Company may change, suspend, or discontinue any aspect of the API at any time without notice to you.
  3. the Company may or may not offer upgrades or updates to the API or any technical or maintenance support for the API, in its sole discretion.
  4. the Company may also impose limits on certain features and services or restrict access to parts or all of the API, related content and services without notice or liability.
  1. Amendments to these Terms and Conditions
    These Terms and Conditions may be changed by the Company at any time without notice, and you are responsible for regularly reviewing these Terms and Conditions. Your continued use of the API after the effective date of such changes will constitute your agreement to any such changes. If you object to any such changes, your sole recourse is to stop using the API and remove the API (and associated software code) from your website.
  2. Licence to download, access, and use the API
    Subject to these Terms and Conditions, and except as otherwise expressly set forth in these Terms and Conditions, the Company grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the API to the extent specified in any API Scope of Use Specifications that may be issued to you (the “Licence”).
  3. Termination of the Licence
    The Licence continues until terminated by either party. You may terminate the Licence by discontinuing use of the API and by destroying all your copies thereof. The Licence terminates automatically if:
  1. you violate any term of these Terms and Conditions;
  2. the Company publicly posts a written notice of termination on the Website; or
  3. the Company sends a written (including email or text message) notice of termination to you directly.
  1. Fees
    The Company reserves the right to charge fees for future use of or access to the API or Website content and services at the Company’s sole discretion.
  2. Restrictions on Licence
    The API is the property of the Company and protected by copyright law. The Licence conferred under these Terms and Conditions is subject to the following restrictions:
  1. You must not sell the API or services, information or software associated with or derived from the API.
  2. You must not modify, adapt, translate, derive, decompile, reverse engineer, disassemble or derive source code from the API except to the extent that you are expressly permitted by law or by us (in writing) to do so.
  3. You must not remove or obscure any copyright notice, trademark, logo or any proprietary rights notice that is on or contained in the API. Without limitation, you may not change any code provided by the Company, you may not obscure or disable any element of the API, and you may not tag links to the Website from the API with a “nofollow” attribute or otherwise prevent or discourage search engines from following or scoring the link.
  4. You must not use API in a way that overloads or could damage or disable our search services (e.g., using the API in an automated manner). You must not use the API in a way that interferes with the use and enjoyment of the Website’s search services.
  5. You must display the API in a manner approved by the Company, which may include branding specifications, crediting the Company (or its affiliates) in your display and in any manner agreed in the API Scope of Use Addendum, which may be issued to you
  6. You must not display the API on any site that disparages the Company or its products or services, infringes any of the Company’s (nor its affiliates’) intellectual property or other rights, or violates any applicable law.
  7. You must not establish or maintain any hyperlink or any other link from your web site to any other website (apart from the Company’s websites), that operates as a real estate portal or fulfils a similar purpose to the Company’s websites.

You agree that the Company (or its affiliates) may crawl or otherwise monitor your website for the specific purpose of confirming compliance with this clause 7.

  1. Warranties, Liability and Indemnity
  1. The Company provides the API on an “as is” basis, without any warranties whatsoever. The Company excludes all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by local laws) which cannot be excluded. The Company limits our liability for breach of any non-excluded condition (to the extent that the law allows liability for such breach to be limited) to (at our option) re-supply of the API or payment of the cost of re-supply.
  2. Subject to the above, the Company excludes all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of the API, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, the Company will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
  3. You acknowledge that you use the API at your own risk. You will be solely responsible for any harm to your computer or loss of data that results from using the API.
  4. You agree that you are responsible for all third-party software, hardware, and services used in connection with the API. Any third-party software, hardware, and services (whether required or optional) that you use in conjunction with the API, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
  5. You agree to indemnify and hold the Company and its licensors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your download, access, and/or use of the API, including any content or services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or any rights of another person or entity.
  1. General Provisions
  1. These Terms and Conditions represents the entire agreement between you and us in relation to your use of the API and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of the API.
  2. If a court or tribunal of competent jurisdiction finds any provision or part of these Terms and Conditions to be invalid or unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
  3. No waiver of any provision in these Terms and Conditions will be effective unless it is in writing signed by one of our authorised officers.
  4. These Terms and Conditions are governed by the laws of Malaysia.
  5. If there is a non-English version of these Terms and Conditions, the English version shall prevail if there is any inconsistency between the English version and any local language version.

 

© INFRA MOBILE DIGITAL SDN BHD, 2020
A-3-5, Kuchai Exchange
No. 43, Jalan Kuchai Maju 13
58200 Kuala Lumpur

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