Welcome to Guyub website (“the Site”).
1.1 This Website Terms and Conditions (“this Agreement”) shall apply to the user, visitor, any person using and visiting the Site and/or any person who had created and/or registered an account with us in “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 User created at the Site to allow the User to access 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 offer property for sale, rent or lease on 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 “User” and/or “Visitor” means the person who access and visit the Site.
1.8 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.
1.9 By accessing and using all services and/or facilities provided in the Site, the Visitor and/or User confirm the full understanding of the terms and condition of this Agreement.
1.10 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.
1.11 Visitor and/or 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 By accepting and agreeing to the terms and conditions herein, the User and/or the Visitor is granted a non-transferable and revocable license to use the Site for the purpose of viewing and enquiring on the advertisement of Property listed for sale, rent or lease on the Site.
2.2 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 User.
2.3 Contents provided and/or published on the Site is solely for informational purposes and the representation, description and illustration of Property on the Site are those of the Advertiser and are neither made by the Company nor shall it reflect the Company’s opinions or statement unless stated otherwise.
2.4 Certain services and related features that may be made available on the Site may require further and/or separate registration or subscription. Should the User and/or the Visitor choose to register or subscribe for any such services or related features, the User and/or the Visitor agree to provide accurate and current information about itself, and to promptly update such information if there are any changes.
2.5 The User and/or Visitor is solely responsible for keeping passwords and other account identifiers safe and secure, wherein the User is entirely responsible and liable for all activities that occur under its respective Account.
2.6 The User and/or Visitor 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.
2.8 The Site may contain unverified or unsolicited information which are mere opinion of the writer or creator of the article, statement or information, and the Visitor and/or the User are strongly advised to seek proper legal advises or advises from suitably qualified and competent professional before confirming any intended purchase, rent or lease.
2.9 Any User or Visitor who rely on the content article, statement or information do so completely at his/her own risk.
3.1 The User and/or Visitor may 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, make offer and/or use the services available on the Site.
3.2 In the creation of the Account, the User and/or the Visitor 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 User and/or the Visitor 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.
3.3 The User and/or the Visitor is under full obligation and responsibility to provide accurate, current and complete information, and to update such information in a timely manner to maintain its accuracy and completeness.
3.4 Any use of the Site through the Account will be deemed as being used by the User and/or the Visitor whether or not the person using the Account is actually the same User who created the Account.
3.5 The password and username created are personal in nature and the User and/or the Visitor shall not in any circumstances whatsoever divulge, disclose or share the password with anyone else.
3.6 The Company shall not in any manner whatsoever be responsible or liable to the User and/or the Visitor for any loss and damages suffered by the User and/or the Visitor as a result of any use of the Account save and except due to the gross negligence or fault of the Company.
3.7 In the event that any of the information provided or supplied by the User and/or the Visitor to the Company is found to be not true, not clear or not accurate the Account and any rights or privileges in ancillary thereto, as well as other facilities and/or services accorded may be suspended indefinitely or terminated as the Company sees fit.
3.8 The User and/or the Visitor 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.
4.1 All data, information and particulars submitted to the Site and/or provide to the Company, including but not limited to questions, reviews, comments, and suggestions (“Submissions”) shall be the sole and exclusive property of the Company, wherein the User hereby agree to waive all and/or any of its rights in connection or in relation thereof.
4.2 The Company retains the rights to publish any Submissions submitted on the Site for purpose of advertisement, marketing, promotion and/or research include to edit and amend the content of such Submissions.
5.1 The Site may contains content provided to the Company by the Advertiser or other parties (Third Party Content).
5.2 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.
5.3 Third Party Content does not represent the views of the Company.
5.4 Third Party Content may contain unverified or unsolicited information and the Visitor and/or the User are strongly advised to seek proper legal advises or advises from suitably qualified and competent professional before confirming any intended purchase, rent or lease.
5.5 Any User or Visitor who rely on the Third Party Content do so completely at their own risk.
6.1 The Site often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the Company’s Site of some of the Company’s real estate agency customers.
6.2 The third party websites do not form part of the Company’s Site and are not under the control of or the responsibility of the Company. The Visitor and/or the User are at their own risk when the Visitor and/or the User are linked to those websites.
6.3 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 the Visitor and/or the User through relying on anything contained on or omitted from such third party websites.
6.4 A display of advertising does not imply an endorsement or recommendation by the Company.
7.1 Subject as expressly provided for in this Agreement, all other warranties, conditions or terms, including those implied by statute or common law are excluded to the fullest extent.
7.2 The Company does not provide any warranty and/or assurance for any successful sale, rent or lease of the Property that the Advertiser may make on the Site, or of any shortcomings as to the facilities and/or services so provided at the Site and/or by the Company, which includes but not limited to the situations and/or circumstances hereunder:
7.2.1 Neither condition is made or to be implied nor is any warranty given or to be implied as to the life, wear, quality, condition for any of the Property, or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to the Company.
7.2.2 the Company shall not be liable for any losses, damages or liabilities of any kind suffered by any party directly or indirectly caused by the condition of the Property.
7.2.3 the Company shall be under no liability for any warranty whatsoever, or any other condition or guarantee whenever applicable.
7.2.4 the Company shall be under no liability whatsoever in respect of any defects in the Property arising thereof whenever applicable.
7.3 The Company does not provide any warranty or representation on the commercial viability or commercial profitability that the User and/or the Visitor will gain from the Site, and the User and/or the Visitor 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;
7.4 The Site is provided on an “as is where is basis” and without any warranties whatsoever, whether expressed or implied.
7.5 There shall be no warranty that the Site and/or its related services shall meet any requirements, needs and/or expectations of the User and/or the Visitor.
7.6 Although the Company strives to provide all the User and/or the Visitor 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.
7.7 The User and/or the Visitor agree that the Company will not be held liable for any of the following, and the User and/or the Visitor shall indemnity and keep the Company harmless from any cause of action:
7.7.1 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
7.7.2 For occurrences of errors in any transactions or related transactions in the Site.
7.8 For the avoidance of any doubt, the Company will have no responsibility with respect to the legality of transactions occurring between the User and/or the Visitor and the Advertiser, wherein all payment transactions are to be strictly in compliance with the applicable laws of Malaysia, including any anti money-laundering laws and regulations.
8.1 The Company shall not be liable in any manner or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of the Company’s obligations, particularly where the delay and/or failure was due to any cause beyond the Company’s reasonable control.
8.2 Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:
8.2.1 An Act of God, pandemic, explosion, flood, tempest, fire or accident;
8.2.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.2.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental or local authority;
8.2.4 import or export regulations or embargoes;
8.2.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether involving employees of the Company or of a third party);
8.2.6 interruption of production or operation, difficulties in obtaining raw materials, labour fuel parts, or machinery; or
8.2.7 power failure or breakdown in machinery.
9.1 All intellectual property rights, whether registered or unregistered contained in the Site, information content in the Site and all the website design, including but not limited to text, graphics, software, photos, video, music, sound and their selection and arrangement, and all software compilations, underlying source code and software shall remain the property of the Company. The entire contents of the Site are protected by copyright as a collective work under Malaysia intellectual property laws and international conventions.
9.2 All rights are reserved and no part of the Site and the Mark can be used, reproduced, duplicated or in any manner copied without the express consent of the Company.
9.3 Where applicable each and respective intellectual property not belonging to the Company may be owned by the respective Advertiser or owner of those intellectual property respectively.
10.1 Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed, if to the Company, to its registered office or principal place of business, and if to User and/or the Visitor, to the address stipulated in your Account.
10.2 A notice by way of writing shall be deemed sufficient, if it is performed electronically, such as through email or any other electronic means of communication.
11.1 This Agreement shall be interpreted and governed by the laws of Malaysia.
11.2 Any controversy, claim or dispute arising out of or relating to this Agreement and/or any transactions made in this Site or with other parties therein will be referred to and adjudicated through a court of competent jurisdiction in Malaysia.
12.1 In addition to any other legal or equitable remedies, the Company may without prior notice, immediately terminate the User and/or the Visitor’s Account and/or revoke any or all of the rights, licenses and/or privileges granted hereunder.
12.2 Upon termination of the Account, the User and/or the Visitor shall be denied all access to and use of the Site and the Company shall in addition to any other legal or equitable remedies, immediately revoke all access to the Account and may deny the User and/or the User from accessing and use of the Site in whole or in part.
12.3 Any termination of this Agreement shall not affect the respective rights and obligations, including without limitation to any payment obligations arising before the date of the termination.
12.4 The Company shall not be liable to any User or to any other person as a result of any such suspension or termination.
12.5 If the User and/or the Visitor is dissatisfied or disagree with the Site or with any terms, conditions, rules, policies, guidelines and/or practices of the Company in operating the Site, the User and/or the Visitor is to discontinue using the Site and/or its services and facilities provided thereof.
13.1 The Visitor and/or the User hereby 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.
13.2 The Company will only utilise the User and/or the Visitor’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 User’s information or utilize User’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 User’s information.
13.3 The Company will only disclose the User and/or the Visitor’s information or any other personal data as defined by law obtained pursuant to or in connection with this Agreement within the Company’s organisation, affiliates, employees, and/or agents on a need-to-know basis strictly for the purpose to carry out the obligation hereunder this Agreement.
13.4 The Company 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.
13.5 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.
13.6 The rights and obligations of the parties in this part shall at all times survive the termination of this Agreement.
14.1 No waiver by the Company of any breach of this Agreement part shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.2 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby and shall remain valid and effective.
14.3 No person who is not a party to this Agreement (including any employee, officer, agent, representative, or sub-contractor of either party) shall have any right to enforce any terms of this contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.
14.4 Although the Company strives to provide all Users 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.
14.5 The Company shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information by means of injunctive or any other equitable relief.
14.6 The Company reserves its rights to amend, modify or delete any of the terms and conditions of this Agreement at any times without prior notice and such amendment, modification or deletion shall take effect upon the same is posted at the Site.
14.7 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.
14.8 The Visitor and/or the User agree to indemnify and hold the Company and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable solicitors’ fees arising out of, or in connection with your use of and access to our platform not in accordance with these terms
14.9 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.