USER AGREEMENT
1.

TERMS OF SERVICE

Welcome to PropertyStreet.com.my of Property Street (M) Sdn. Bhd. (”PropertyStreet.com.my”). PropertyStreet.com.my provides the PropertyStreet features and services to you subject to the following Terms of Service, which may be updated by PropertyStreet.com.my from time to time without notice to you. You are advised to periodically review the Terms of Service for changes.

If you do not agree and accept any of the Terms of Service and Private Policy (as stipulated in Section 4 below) please exit and terminate access to the website immediately.

   
2.

DESCRIPTION OF SERVICE

PropertyStreet.com.my currently provides users with access to a rich collection of on-line resources on properties in Malaysia, personalized content and branded programming through its network of properties within Malaysia only (“the Service”). Unless otherwise explicitly stated, any new features that augment or enhance the current Service, including the release of new PropertyStreet.com.my properties and/or resources shall be subject to the Terms of Service. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telecommunication charges associated with such access. In addition you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem and other access device.

   
3.

YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Member Data”) and (b) maintain and promptly update the Member Data from time to time to keep it accurate, current, true and complete. If you provide any information that is inaccurate, not current, untrue or incomplete or PropertyStreet.com.my has reasonable grounds to suspect that such information is inaccurate, not current, untrue or incomplete PropertyStreet.com.my has the absolute right to suspend or terminate your account and refuse any and all current or future use of the Service or any part thereof.

PropertyStreet.com.my is concerned about the safety and privacy of all its users, in particular – children. For this purpose, PropertyStreet.com.my does not authorize children access to the Service. PropertyStreet.com.my therefore shall not be held liable and/or responsible for the usage of the Service by children. It is your responsibility as the parent or legal guardian to supervise your children.

   
4.

PROPERTYSTREET.COM.MY PRIVACY POLICY

Member’s Data and certain other information about you are subject to our Privacy Policy. PropertyStreet.com.my is committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information you share with PropertyStreet.com.my. You can see that PropertyStreet.com.my does not request any visitor to fill any “catch all” forms to capture any information data about PropertyStreet.com.my visitors. PropertyStreet.com.my understands your concern for you own privacy and the information that you may have given to PropertyStreet.com.my. PropertyStreet.com.my wish to ensure user confidence by promoting the principles of disclosure and fair information at PropertyStreet.com.my’s site. PropertyStreet.com.my is committed towards guaranteeing confidentiality and privacy at all times.

Personal information about you and your business with PropertyStreet.com.my is only accessible by you and by those who are authorized by PropertyStreet.com.my to access it. PropertyStreet.com.my authorized personnel must also use a password and are bound to safeguard the information and access it only for approved business purposes. You are the only person who has access to your personal information (other than the administrator of PropertyStreet.com.my or other authorized personnel of PropertyStreet.com.my). Your user registration is password-protected to prevent unauthorized access. PropertyStreet.com.my strives to protect your personal information however PropertyStreet.com.my cannot ensure or warrant the security of any information you transmit to PropertyStreet.com.my or from PropertyStreet.com.my online services, and that you do so at your own risk. Once PropertyStreet.com.my is in receipt of your transmission, PropertyStreet.com.my shall ensure its security on the PropertyStreet.com.my’s systems.

PropertyStreet.com.my website contains many links to other websites on the Internet. PropertyStreet.com.my is not responsible for the privacy or the contents of such linked websites. PropertyStreet.com.my do not share any of the personal information you provide with the sites to which PropertyStreet.com.my links, although PropertyStreet.com.my may share aggregate information data with such websites (such as how many people use PropertyStreet.com.my’s website). PropertyStreet.com.my reserves the right to terminate any links or linking programs at any time without any notification to anybody.

PropertyStreet.com.my does not disclose information about your individual visits to the website, or any personal information that you provide to any outside parties except when PropertyStreet.com.my believes the law requires it. This information may also be used by PropertyStreet.com.my to notify you of related product and services, but will not be shared or sold to third parties.

Please keep in mind that whenever you voluntarily disclose personal information online – for example in ads that you post or through e-mail – that information can be collected and used by others. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

PropertyStreet.com.my disclaims and does not guarantee or warrants full security of all information and data stored or collected by PropertyStreet.com.my. This means PropertyStreet.com.my shall not be held responsible and/or liable for any breach of security or for any actions of any third parties that receive such information and data.

PropertyStreet.com.my reserves the right to transfer all data and information in connection with the sale of all or part of PropertyStreet.com.my’s capital stock and/or assets.

   
5.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and user name upon completing the Member’s registration process. You are responsible for maintaining the confidentiality of the password and user name and are fully responsible for all activities that occur under your password and user name. You agree to (a) immediately notify PropertyStreet.com.my of any unauthorized use of your password or account and any other breach of security, and (b) ensure you log off from your account at the end of each session. PropertyStreet.com.my cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

   
6.

MEMBER’S CONDUCT

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials (“Content”) whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not PropertyStreet.com.my are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. PropertyStreet.com.my does not control the Content posted via the Service and as such does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent and/or objectionable. Under no circumstances PropertyStreet.com.my or PropertyStreet Sdn. Bhd. shall be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

You agree that you shall not use the Service to:

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upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable ;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, a PropertyStreet.com.my official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
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upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
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upload, post, e-mail or otherwise transmit unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spasm”, chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as hopping rooms) that are designated for such purpose;
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upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files, programs designed to interrupt, damage, destroy or limit the functions of any computer software or hardware or telecommunications equipment;
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disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
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interfere with or disrupt the Service or Servers or Networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
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intentionally or unintentionally violate any applicable law or regulation including but not limited to, regulations promulgated by any security exchange; or
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collect or store personal data about other users.

You acknowledge that PropertyStreet.com.my does not pre-screen Content, but that PropertyStreet.com.my and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, PropertyStreet.com.my and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content; including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PropertyStreet.com.my or submitted to PropertyStreet.com.my including without limitation information in PropertyStreet.com.my Message Boards, PropertyStreet.com.my Groups, and in all other parts of the Service.

You acknowledge and agree that PropertyStreet.com.my may preserve the Content and may also disclose the Content: (a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner, (b) for the purpose of properly administering your account in accordance with the standard operating procedures of PropertyStreet.com.my or its affiliated companies, and/or (c) if required to do so by law or in good faith belief that any such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms Of Service (iii) responds to claims that any Content violates the rights of third-parties; or (iv) protects the rights, property or personal safety of PropertyStreet.com.my, its users and the public.

You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. PropertyStreet.com.my reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.

   
7.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Malaysia and the country in which you reside (if different from the aforementioned). When you are on any international PropertyStreet.com.my property, you are bound by the Terms of Service and applicable laws governing that PropertyStreet.com.my property.

   

8.

INDEMNITY

You agree to Indemnify and hold PropertyStreet.com.my and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

   
9.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

   
10.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that PropertyStreet.com.my may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that the listing, message board postings or other uploaded Content will be retained by the Service, the maximum number of listing that may be sent from or received by a member on the Service, the maximum size of any listing that may be sent from or received by a member on the Service, the maximum disk space that will be allotted on PropertyStreet.com.my’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PropertyStreet.com.my has no responsibility or liability for the deletion or failure to store any listing and other communications or other Content maintained or transmitted via the Service. You acknowledge that PropertyStreet.com.my reserves the right to log off members that are inactive for an extended period of time. You further acknowledge that PropertyStreet.com.my reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

   
11.

MODIFICATIONS TO SERVICE

PropertyStreet.com.my reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice. You agree that PropertyStreet.com.my shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

   
12.

TERMINATION

You agree that PropertyStreet.com.my in its sole discretion, may terminate your password, membership (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation,
for lack of use or if PropertyStreet.com.my believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. PropertyStreet.com.my may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that PropertyStreet.com.my may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PropertyStreet.com.my shall not be liable to you or any third-party for any termination of your access to the Service.

   
13.

DEALINGS WITH ADVERTISERS AND MERCHANTS

Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that: (a) PropertyStreet.com.my shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants of the service (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service (including, without limitation, PropertyStreet.com.my Clearance) are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.

   
14.

LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PropertyStreet.com.my has no control over such sites and resources, you acknowledge and agree that PropertyStreet.com.my is not responsible for the availability of such external sites or resources, and does not endorse and is 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 PropertyStreet.com.my 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.

   
15.

PROPERTYSTREET.COM.MY PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PropertyStreet.com.my or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service of the Software, in whole or in part.

PropertyStreet.com.my grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PropertyStreet.com.my for use in accessing the Service.

   
16.

DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PropertyStreet.com.my EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
PropertyStreet.com.my MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

   
17.

LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PropertyStreet.com.my SHALL NOT BE LIABLE 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 PropertyStreet.com.my HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE: (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TERMS OF SERVICE MUST BE FILED WITHIN (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

   
18.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDEMTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

IN PARTICULAR, NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF PropertyStreet.com.my

   
19.

SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. PropertyStreet.com.my shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

   
20.

NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Tems Of Service or other matters by displaying notices or links to notices to you generally on the Service.

   
21.

TRADEMARK INFORMATION

PropertyStreet.com.my, the PropertyStreet.com.my logo, trademarks and service marks, and other PropertyStreet.com.my logos and product and service names are trademarks of PropertyStreet Sdn. Bhd. (the “PropertyStreet.com.my Marks”). Without PropertyStreet Sdn Bhd’s prior permission, you agree not to display or use in any manner, the PropertyStreet.com.my Marks.

   
22.

GENERAL INFORMATION

The Terms of Service (including the guides and rules referred to herein) constitute the entire agreement between you and PropertyStreet.com.my. These Terms of Service govern your use of the Service, superseding any prior agreements between you and PropertyStreet.com.my. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and PropertyStreet.com.my shall be governed by the laws of Malaysia. You and PropertyStreet.com.my agree to submit to the exclusive jurisdiction of the courts located within Malaysia. Any failure by PropertyStreet.com.my to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

   
23.

VIOLATIONS

Please report any violations of the Terms of Service to PropertyStreet.com.my.

 
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