1.1 This Advertisement Terms and Conditions (“this Agreement”) shall apply to the Advertiser using and visiting the Site who had created and/or registered an account with the Company of “www.guyub.co” (“the Site”).
1.2 Guyub (M) Sdn. Bhd. (Company No. 202101033675 (1433975-H)) a company incorporated in Malaysia and has its business address at Unit 3.07, Level 3, KL Gateway Mall, No. 2, Jalan Kerinchi, Pantai Dalam, 59200, Kuala Lumpur, W.P., Malaysia (“the Company”) and is the sole and exclusive owner and administrator of the Site.
1.3 The Company provides an online service of the Site as a portal that provide real estate related products, services and information such as property listings and related information, mortgage related information, real estate news and updates, advertisements, articles, tools and widgets.
1.4 “Account” means the account consisting the username and password of the Advertiser/User created at the Site to allow the Advertiser/User to access, publish property listings, advertise, feature professional profiles and contact details, buyer details after submitting the form and use the services available at the Site.
1.5 Advertiser” means the owner, seller and/or from an advertising agency or agent on seller/owner’s behalf who offered the property for sale, rent or lease at the Site.
1.6 “Property” means any real property or properties listed and made available for sale, rent or lease at the Site;
1.7 “Order” means the placement of the advertisement of the Property for sale, rent or lease by the Advertiser;
1.8 “User” means the Advertiser who created an Account and have access and visit the Site.
1.9 The “Mark” means the logo, insignia, mark, trade mark and trade name used by the Company including the mark of “GUYUB”
solely and exclusively owned by the Company.
1.10 By accessing and using all services and/or facilities provided in the Site, the User confirm the full understanding of this Agreement.
1.11 If the User disagree in any manner and/or form to any of the terms in this Agreement, the User may not access, use or enjoy any of the services or facilities provided for in the Site.
1.12 The Company reserves the right to unilaterally change, modify, add, or remove any terms of this Agreement at any time and the changes and/or amendments shall take effect immediately upon the same are posted and/or published on the Site.
1.13 User is to check the terms and conditions of this Agreement regularly and the continuing usage and/or access of the Site and its entailing services and/or facilities following the posting and/or publication of the changes to the terms and conditions of this Agreement shall be deemed an acceptance of those changes.
2.1 The Company does not act as the agent for the Advertiser and/or the User and the entering of this Agreement does not in any way create the relationship of principal and agent as between the Company and the Advertiser or the User.
2.2 The Company provides the platform and facility of the Site that allow the Advertiser to put up advertisement for the Property for sale, rent or lease on the Site.
2.3 By accepting and agreeing to the terms and conditions herein, the Advertiser and/or the User is granted a non-transferable and revocable license to use the Site for the purpose of advertising the Property for sale listed and contained in the Site.
2.4 Any non-compliance or breach of any of the term of this Agreement will result in the immediate revocation of the license granted herein by the Company without any notice to the Advertiser and/or the User.
2.5 The Advertiser and/or the User is solely responsible for keeping passwords and other account identifiers safe and secure, wherein the Advertiser and/or the User is entirely responsible and liable for all activities that occur under its respective Account.
2.6 The User must notify the Company of any unauthorized use of the password or account immediately.
2.7 The Company shall not in any manner whatsoever be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with activities and transactions arising from the User’s Account.
3.1 The Advertiser and/or the User must login to the Site with an existing Account or to create a new Account by completing the Site registration process with a username and password to effectively view, list and posting material and advertisement of Property for sale, rent or lease and/or use the services available on the Site.
3.2 The Advertiser and/or User shall be sole responsible to obtain the necessary consent and/or permission from the legal or beneficial owner of the Property before putting up any advertisement, picture or description of the Property on the Site, and when requested by the Company, the Advertiser and/or User shall within seven (7) days provide a copy of the written consent or permission to the Company.
3.3 In the creation of the Account, the Advertiser and/or the User must provide accurate, current and complete name, identity card number, company registration number, address, phone number, email address and bank account information for payment in the relevant electronic registration forms or if the Advertiser and/or the User is a company or business, the complete company or business name together with the registration numbers and all information of the business or company and the full name and identity card number of the person authorised to operate the Account.
3.4 The Advertiser and/or the User shall whenever required and requested by the Company from time to time furnish and provide all such documents and information pertaining to the Advertiser and/or the Property to ensure all information contained therein are updated and accurate.
3.5 Any use of the Site through the Account will be deemed as being used by the Advertiser and/or the User, whether or not the person using the Account is actually the same Advertiser and/or User who created the Account.
3.6 The Advertiser and/or User’s information and detail are to be made available for view and inspection upon request by the Company.
3.7 The password and username created are personal in nature and the Advertiser and/or User shall not in any circumstances whatsoever divulge, disclose or share the password with anyone else.
3.8 The Advertiser and/or User must be of minimum age of 18 years at the time of creation of Account.
3.9 At all times the Company reserves the right to monitor all activities of the Account.
3.10 The Company may subject all the Property that offered on the Site for monitoring traffic activities and/or mechanisms that rate or provide statistic or allow other user or visitor to rate or review the services, performances and/or costumer service, and these ratings and reviews may be made publicly accessible.
3.11 All material and pictures posted or advertised on the Site by the Advertiser shall be the intellectual property and copyright of the Company.
4.1 The Advertiser undertakes and ensures that it shall at all material times comply and adhere thereof to all governing laws, rules, regulations, trade conventions in Malaysia and all laws of any jurisdictions.
4.2 All advertisement materials supplied to the Company must comply with the Company’s instructions and specification as updated by the Company from time to time. Advertiser hereby irrevocably authorizes the Company to modify advertisements provided by Advertiser to the Company so that such advertisements fit formats required for publication by the Company from time to time.
4.3 The Advertiser shall not participate in any of the following actions such as reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any the Company’s solution or technologies, deleting or altering author at tributes or copyright notices, and/or fail to obtain all required permissions when using the Site to receive, upload, display, distribute, or execute programs or perform other works protected by intellectual-property laws;
4.4 The Advertiser shall not allow anyone to directly or indirectly engage in any fraudulent, unlawful appropriation, or unlawful activities in connection with the Advertiser’s participation as a seller in the Site and its services thereof, including but not limited to:
4.4.1 Generating fraudulent, repetitive or otherwise invalid clicks, impressions, queries or other interactions, whether through the use of automated applications or otherwise;
4.4.2 Other than through reporting offered by the Company under the Sales Traffic Activities, collect any user information, indexing or caching any portion from the Site, whether through the use of automated applications or otherwise;
4.4.3 Target communications of any kind on the basis of the intended recipient being another seller of the Site;
4.4.4 Interfere with the proper working of the Site or other systems or infrastructures of the Company;
4.4.5 Transmit any viruses, trojan horses or other harmful codes; or
4.4.6 Attempt to bypass any mechanism the Company may use to detect or prevent such activities.
4.5 The Company reserves the right to refuse any services arising and/or in connection with the Site to the Advertiser or anyone else for any reason whatsoever.
4.6 The Advertiser has full authority, consent and permission to post and put us such pictures of Property on the Site and hereby underate and warrant that the material and pictures used are not infringing the copyright or intellectual property of any party/person and if the material or pictures used are subject to copyright, such express permission and consent has been obtained.
4.7 The Advertiser hereby agrees to indemnify and hold harmless the Company and its affiliates, and their respective officers, agents and employees, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to reasonable solicitor’s fees) suffered or incurred by reason of any claim, proceeding or suit based on or arising out the contents or subject matter of such advertisements, or any sites or materials to which they link (and including without limitation claims for defamation, violation of rights of publicity, privacy, and/or moral rights, and any type of intellectual property infringement).
4.8 The Advertiser agrees to promptly pay to the Company for all the Fees, taxes, any and all royalties or residuals which may be owing, and all accounts and other indebtedness of every kind incurred by or on behalf of Advertiser.
5.1 The Advertiser shall be fully responsible to provide correct and accurate information of the Property and shall at all time ensure that the information provided is not misleading.
5.2 The Advertiser may cancel any advertisement, in its sole discretion and with or without cause, by giving the Company at least fourteen (14) days’ written notice (with respect to advertisements) of such cancellation.
5.3 The Advertiser shall not list, post, or offer for sale, items that infringe upon intellectual property rights or that are illegal, pornographic in nature, unlawful for sale, fake, counterfeit, stolen, misrepresentation or content that is or is suggestive of political or religious sentiments.
5.4 The Advertiser shall be fully responsible and liable for all content listed, posted, represented and/or published on the Site and in respect thereof, the Advertiser shall keep the Company indemnified and harmless against all such claim, loss and damages as may be suffered by the Company as a result thereof.
5.5 The Company may delay or suspend listing of, or to refuse to list, de-list or cancel, or to require the Advertiser not to list any particular Property on the Site without providing any explanation.
5.6 The Company may for any reason whatsoever withhold, reject, refuse to process any Order, or to stop any pending Order.
5.7 The Company may make changes, amendments, edit and/or remove any listings, contents or details of the Property in the Site at any time without notice.
5.8 The way or the manner in which the listings of the Property may appear in the Site may change or may be altered without notice to the Advertiser.
6.1 The imposition of the Fee Structure on the Advertiser is accessible at the Fees page.
6.2 The Advertiser shall pay an annual subscription fee to be entitled to list and out up Property for sale, rent or lease at the Site.
6.3 The Advertiser is responsible and obligated to pay the Fee to the Company upon the terms and conditions stipulated by the Company.
6.4 The Company reserves the right to amend and/or change the fee structure at any time without notice to the Advertiser and the rate of the Fee applicable shall be calculated as at the date of the Order.
6.5 Where there are any non-compliances on the part of the Advertiser with regards to this Agreement and any other policies, rules and/or regulations thereunder contained, the Company may charge the Advertiser an administrative fee.
6.6 All payment for Fee made shall be strictly non-refundable.
6.7 The Company reserves the right to suspend the Advertiser’s account or impose penalty on the Advertiser at the sole discretion of the Company, in the event the Advertiser does not perform their obligation under this Agreement herein. In the event the account is suspended by the Company, the Company is entitled to impose a sum of not exceeding RM500.00 as processing fee in order for the Company to re-activate the Advertiser’s account.
7.1 Unless otherwise agreed to in writing, the Fees shall become due and payable to the Company by the Advertiser within 30 days from the date of invoice.
7.2 The Advertiser hereby authorize the Company to debit the Advertiser’s bank account to settle any Fees due and owing to the Company.
7.3 In the event there is late payment by the Advertiser to the Company, the Advertiser shall pay the Company interest on the unpaid sums due and owing at the rate of one point five percent (1.5%) per month calculated on daily basis from the date on which such money falls due for payment to the date such money is actually received by the Company.
7.4 The Company is entitled to suspend the account of the Advertiser in the event the Advertiser is in default of any outstanding sum owing to the Company after 30 days from the date of notification by the Company.
7.5 The Advertiser shall ensure that the bank account identified and provided must be valid and be an account kept in a local bank in Malaysia.
7.6 All transactions shall be made in the currency of Malaysian Ringgit.
7.7 The Company may engage third party processors, financial institutions or such other service providers to facilitate the processing of payments from the Advertiser.
8.1 It is the Advertiser’s sole responsibility to pay and remit any taxes associated with a transaction to the relevant authorities.
9.1 The Company does not provide any warranty or representation on the commercial viability or commercial profitability that the Advertiser will gain from the Site, and the Advertiser is strongly advised to seek and make its own research of the same and shall not hold the Company liable or responsible for any loss or damages suffered in the use of the Site.
9.2 The Site is provided on an “as is where is basis” and without any warranties whatsoever, whether expressed or implied.
9.3 There shall be no warranty that the Site and/or its related services shall meet any requirements, needs and/or expectations of the Advertiser.
9.4 Although the Company strives to provide all Advertiser with access to the Site twenty-four (24) hours a day, the Company cannot guarantee that the Site will always be available, functional, uninterrupted and/or operate free from error, and would likewise be subject to occasional server maintenance.
9.5 The Advertiser agree that the Company will not be held liable for any of the following, and the Advertiser shall indemnity and keep the Company harmless from any cause of action:
9.5.1 For any loss due to the Site being unavailable or inaccessible or any malfunctions of the Site for any duration of periods or for any reasons whatsoever, for instance but not limited to occurrences to any errors in the Company’s softwares and/or third party softwares that the Company and/or the Site may use or adopt; and/or
9.5.2 For occurrences of errors in any transactions or related transactions in the Site.
9.6 For the avoidance of any doubt, the Company will have no responsibility with respect to the legality of transactions occurring between the Advertiser and buyers, wherein all payment transactions are to be strictly in compliance with the applicable laws of Malaysia, including any anti money-laundering laws and regulations.
10.1 The company will not be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with this agreement, the site, the inability to use the Site, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into via the Site
10.2 Any typographical clerical or other error or omission in any acceptance, invoice, content material or other document on the part of the Company shall be subject to correction without any liability as against the Company.
11.1 The Advertiser agrees that the Company shall be allowed to use and process the personal data for all purposes of the execution of this Agreement and in compliance with its obligations under the applicable personal data protection laws.
11.2 The Company will only utilise the Advertiser’s information or any other personal data as defined by law obtained pursuant to or in connection with this Agreement, solely for purposes of this Agreement and shall not in any manner whatsoever sell, assign, license, publish, lease or otherwise commercially exploit any Advertiser’s information or utilize Advertiser’s information in any manner contrary to the terms and condition herein or carry out any data mining, data compilation or data extraction for the purposes of statistical or trade analysis or otherwise, based on or in connection with such Advertiser’s information.
11.3 The Company shall not disclose any Advertiser’s information to any third party without the prior written consent of Advertiser, and will only be disclosed within the Company’s organisation on a need-to-know basis strictly for the purpose to carry out the obligation hereunder this Agreement.
11.4 The Advertiser shall ensure that those people and entities use the confidential information only to exercise rights and fulfil obligations under this Agreement and to keep and maintain the confidentiality of the confidential information.
11.5 Confidential information may be disclosed when required by law after giving the discloser reasonable notice and the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure.
11.6 The rights and obligations of the parties in this part shall at all times survive the termination of this Agreement.
12.1 The Advertiser represent that the Advertiser is the owner or is duly authorised to use all the contents supplied to the Company for listing and publishing and/or posting to the Site.
12.2 Notwithstanding any provisions for indemnification accorded to the Company in this Agreement, all contents posted, listed and/or published in the Site by the Advertiser shall wholly vest as the intellectual property of the Company, wherein the Advertiser shall have no claims or rights as against the Company for any royalties or infringement towards any intellectual property rights by reason of any re-publication of any material and/or content that the Advertiser so post, list or publish in the Site, whereby the Advertiser agree to grant the Company the royalty-free exclusive use of the contents and/or publications in the Site.
12.3 All rights are reserved and no part of the Site can be reproduced, duplicated or in any manner copies without the express consent of the Company.
13.1 If the Company concludes that the Advertiser’s actions and/or performance in connection with this Agreement and/or interactions with anyone has or are likely to result in any dispute or other third party claims, or if there are any sums owed by the Advertiser to the Company, the Company may suspend the Account and initiate investigation to ascertain all fault and liability and to take all necessarily action or preventive measures as provided for in this Agreement.
13.2 Whereof such investigations are carried out by the Company, the Advertiser is contractually obligated to comply and provide full cooperation to the Company’s investigative processes.
13.3 Upon the determination of all investigations carried out by the Company, the Company shall act on the results of the investigation and appropriate such payments to compensate or remedy a fault for or against the Advertiser.
14.1 This agreement shall be governed by Malaysian law.
15.1 This Agreement will prevail over any other agreement, terms or conditions regarding the subject matters herein, and to the exclusion of all other terms submitted, proposed or stipulated (including any terms or conditions which may purportedly apply to any purchase order, confirmation order, specification, invoice or other document) and no terms or conditions endorsed upon, delivered with or contained in any other document or with the Property will form part of this Agreement.
15.2 All notices, demands and/or notifications shall be deemed to be properly served upon a valid acknowledgment of receipt either personally or through an agent of the party concerned, and can be served electronically, in which case service shall be deemed satisfied upon an electronic mail notification to the address as contained in the Account.
15.3 The Advertiser has no authority to make or accept any offers or representations on behalf of the Company.
15.4 No party will be liable to the other or be deemed to be in breach of this Agreement by reason of any delay or failure to perform any of its obligations due to an event of Force Majeure. Upon the occurrence of any event of Force Majeure, the Company may at its option fully or partially suspend delivery/performance of its obligations hereunder while such event or circumstance continues. If any of the events of Force Majeure will continue for a period exceeding one (1) month, the Company may notify to terminate this Agreement.
15.5 Time whenever mentioned in this Agreement will be of the essence.
15.6 The Company reserves their rights to amend or delete to these terms and conditions of this Agreement at any times without prior notice and such amendment or deletion shall take effect upon the same is posted at the Site.
16.1 If any section of this Agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of this Agreement will remain in force.
16.2 A failure to enforce any parts of this Agreement by the Company does not constitute a waiver of the Company’s right to enforce such parts or other parts of this Agreement in the future.