(Updated: 12 January 2018)
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE REAL ESTATE AGENT, REAL ESTATE NEGOTIATOR, NOR REAL ESTATE LEGAL SERVICES AND THE COMPANY IS NOT A REAL ESTATE AGENCY. IT IS UP TO THE THIRD PARTY REAL ESTATE AGENTS, NEGOTIATORS, LAWYERS AND/OR DIRECT SELLERS TO OFFER REAL ESTATE SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH REAL ESTATE SERVICES. THE SERVICES OF THE COMPANY ARE TO LINK YOU WITH SUCH THIRD PARTY REAL ESTATE PROVIDERS, AND TO PROCESS YOUR REBATE IF/AFTER YOUR PURCHASE IS COMPLETED, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE REAL ESTATE SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A REAL ESTATE AGENT, NEGOTIATOR, OR LEGAL SERVICES PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY REAL ESTATE SERVICE PROVIDER AND/OR ANY REAL ESTATE SERVICES PROVIDED TO YOU.
1. Representations and Warranties
You may only access the Services using authorized means. It is your responsibility to check and ensure that you have downloaded the correct mobile application for your device , and are using the correct web site. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the mobile application to your device. The Company reserves the right not to permit you to use the Software should you use the Software with an incompatible or unauthorized device or for purposes other than those the Company has provided the Software for.
By using the Software, you agree that:
- You will only use the Software for lawful purposes;
- You will only use the Software for the purpose for which it is intended to be used;
- You will not use the Software for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Software and/or the Software to cause nuisance, annoyance, inconvenience or make fake property requests;
- You will not use the Software for purposes other than obtaining the Services;
- You shall not contact the third party real estate service providers for purposes other than the services they provide;
- You will not impair the proper operation of the network;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the third party real estate service providers;
- You will not try to harm the Services in any way whatsoever;
- You will not copy, or distribute the Software or other content without written permission from the Company;
- You will only use the Software and/or the Software for your own use and will not resell it to a third party;
- You will keep secure and confidential your account information or any identification we provide you which allows access to the Services;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You acknowledge and agree that only one (1) account can be registered on one device;
- You agree to provide accurate, current and complete information as required by the Software for the Services and undertake the responsibility to maintain and update your information in a timely manner when requested by the Software or the Company in order to allow the Company to provide the Services. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Services at any time with or without notice;
- You will only use an access point or data account which you are authorized to use;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new users or usage of the Services by new or existing property buyers;
- You are aware that when requesting services by SMS or use of the Software and Services, standard telecommunication charges may apply;
- You shall not impair or circumvent the proper operation of the network which the Services operate on;
- You agree that the Services are provided on a reasonable effort basis; and
2. Rebate Settlement and Payout
For a rebate to be settled and paid, all of the following conditions must be true:
- the property purchased was done utilizing the same real estate service provider (real estate agent or negotiator) referred to you (the "Buyer") by the Company;
- the Buyer's name and other identifying information (IC number; passport number; company name and registration number) must match exactly to the information provided to the Company at the time the real estate service provider was referred to the Buyer by the Company;
- the Buyer provides a scanned copy of a fully signed and stamped sales and purchase agreement initiated by the real estate service provider originally referred to the Buyer by the Company;
- if there are multiple individuals listed as buyers in the sales and purchase agreement, all names and accompanying identifying information must match exactly to the information provided to the Company at the time the real estate service provider was referred to the Buyer by the Company;
- the provided sales and purchase agreement must include a reference to the real estate service provider referred to the Buyer by the Company as a party witholding a portion or full amount of the deposit (earnest deposit, etc.); and
- the Buyer provides direct copies of the identifying documents used (IC card; passport; company registration forms) for the purpose of verifying the sales and purchase agreement.
You agree that the amount of time required to process the rebate can be highly variable, pending the fee payment to the Company by the real estate service provider, bank holidays, natural disasters, and other reasonable circumstances.
You also recognizes that the rebate processing can only be done after relevant fees have been collected by the Company from the real estate service provider for your property purchase. As such, a partially or fully defaulted collection (where the Companies fees were not paid in full by the real estate service provider), for any reason, will result in cancellation of the rebate.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You also agree that any tax liability and compliance, including but not limited to income taxes, are completely your responsibility to file, pay, and/or fulfill by other legal means. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.
4. Ratings By Third Party Real Estate Service Providers
The third party real estate service providers have the right to rate you as a user of the Services. Every rating will be based on, but not limited, to the User’s conduct or behavior, before, during or after communicating and/or interacting with the third party real estate service provider.
Rating may be automatically logged onto the Company’s system and you agree that the Company may analyze all ratings received and reserves the discretion to take all appropriate actions including suspending your use of the Services without any notice to you.
5. License Grant & Restrictions
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software in any way; (ii) modify or make derivative works based on the Software; (iii) “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make server requests exceeding normal usage in any time period, or unduly burdens or hinders the operation and/or performance of the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Services.
You may use the Software only for your personal, non-commercial purposes and shall not use the Software to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or in violation of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or its related systems or networks; (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (vii) or to participate in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
6. Intellectual Property Ownership
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you in confidence by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that confidential information provided to you by the Company, its officers, employees and third parties are only used in order to perform the Services, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose information to officers, employees and approved third parties as need to fulfill Services in accordance with the Company's obligations under this Agreement.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
- was at the time of receipt already in your possession;
- is, or becomes in the future, public knowledge through no fault or omission of you;
- was received from a third-party having the right to disclose it; or
- is required to be disclosed by law.
8. Personal Data Protection
9. Third Party Interactions
11. Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR (F) THE SOFTWARE OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM EXTENT.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY REAL ESTATE OR OTHER SERVICES AND PRODUCTS OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICES AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND/OR THE SOFTWARE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY REAL ESTATE SERVICE PROVIDERS OR OTHER SERVICES AND PRODUCTS REMAIN SOLELY AND ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE COMPANY.
12. Internet Delays
THE SERVICES AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY REAL ESTATE SERVICE PROVIDERS BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
13. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE FOR ANY INJURY TO YOUR PERSON OR LOSS OF LIFE OR PROPERTY FOR ANY REASON WHICH MAY INCLUDE BUT NOT LIMITED TO AN ACT OF GOD INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, TYPHOONS OR FLOOD, AN ACT OF WAR, CIVIL DISRUPTIONS OR STRIKES OR THE ANTICIPATION OF THE SAME, CRIMINAL ACTS OR OMISSIONS OF THIRD PARTIES, INDUSTRIAL ACTIONS, SEIZURE UNDER LEGAL PROCESS, NATIONAL OR LOCAL DISRUPTIONS TO AIR, GROUND OR WATER TRANSPORTATION NETWORKS OR BREAKDOWN IN COMMUNICATION OR INFORMATION SYSTEMS.
THE COMPANY PROVIDES NO WARRANTY, ASSURANCE, OR PROMISE THAT ITS SOFTWARE OR CUSTOMER SERVICE CAPABILITIES WILL WORK AS INTENDED ON YOUR PHONE, COMPUTER, TABLET OR OTHER DEVICE.
THE COMPANY DOES NOT WARRANT OR GUARANTEE THE THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE THIRD PARTY REAL ESTATE PROVIDERS.
THE COMPANY IS NOT LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTS INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES OR DAMAGES TO YOUR MOBILE DEVICE OR ANY APPLICATIONS STORED THEREIN AS A RESULT OF INSTALLATION OR USE OF THE SOFTWARE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY INJURY WHICH YOU MAY SUFFER, ANY DAMAGE OR LOSS TO PROPERTY OWNED BY OR IN YOUR POSSESSION, OR ANY INDIRECT LOSS AND DAMAGE, RESULTING FROM THE THIRD PARTY REAL ESTATE SERVICE PROVIDERS’ SERVICES, MATTERS RELATING TO THIRD PARTY REAL ESTATE SERVICE PROVIDERS, OR THE PROCESS OF REAL ESTATE SEARCHING, NEGOTIATION, AND/OR PURCHASING BY REASON OF YOU USING THE SERVICES IN YOUR CAPACITY AS A PROPERTY BUYER.
The Company may give notice by means of a general notice within the Software, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided within the Software.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party real estate service providers under this Agreement.
The Company is PropRebate.com, property of Pepite Technology Sdn Bhd (Company No. 1142810-D), its registered address at:
c/o Pepite Technology Sdn Bhd
31-2 Jalan PJS 1/50
Petaling Utama Avenue
46150 Petaling Jaya, Selangor