Terms of Use - propCADEMY

INTRODUCTION 

The terms and conditions ("Terms and Conditions") of this agreement (“Agreement”) govern your use  and access of propCADEMY (the “Platform”) and the use of the services provided by Propcademy Sdn Bhd (Company Registration No. 1166330U), Malaysian entity, either itself or through its subsidiaries or  any company within the group of companies of Propcademy’s company structure (“we” or “our” or “us”  or "the Company"), via the website – https://edu.propcademy.com/ , as well as any other media form,  media channel, mobile website or mobile application related, linked or otherwise connected thereto  (“the Platform”). 

By accessing the Platform, you acknowledge and agree that you have read, understood, and agree to be  bound by all the Agreement appearing herein under. For avoidance of doubt, this Agreement applies to  all users of the platform (“the Users” or “you”). If you do not accept all these terms and conditions, you  are not authorized to use the Platform. 

We reserve the right, in our sole of discretion, to make changes or modifications to this Agreement at  any time and for any reason. Your continued use of the Platform constitutes your acceptance of and  agreement to be bound by the current Agreement which include changes that may be made from time  to time. Should you disagree with this Agreement, please discontinue your access and usage of the  Platform. Supplemental terms & conditions or documents that may be posted on the Platform from time  to time are hereby expressly incorporated herein by reference. 

We reserve the right to restrict your access to the Platform or part of it. Access to restricted area of the  Platform may be subject to registration and other conditions. If we grant you permission to access a  restricted area, we may at our sole and absolute discretion withdraw that permission at any time with or  without notice (including when you in breach of any of these terms and conditions). 

USE OF propCADEMY 

We grant you a non-transferable and revocable license to use the Platform, under the Terms and  Conditions described, for the purpose of sourcing and/or shopping for items or materials sold on the  Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted  by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of  the license granted in this paragraph without notice to you. 

Content provided on this Platform is solely for informational purposes. Product representations  expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions  expressed on this Platform are those of the individual posting such content and may not reflect our  opinions.

Certain services and related features that may be made available on the Platform may require  registration or subscription. Should you choose to register or subscribe for any such services or related  features, you agree to provide accurate and current information about yourself, and to promptly update  such information if there are any changes. Every user of the Platform is solely responsible for keeping  passwords and other account identifiers safe and secure. The account owner is entirely responsible for  all activities that occur under such password or account. Furthermore, you must notify us of any  unauthorised use of your password or account. The Platform shall not 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,  your failure to comply with this section. 

USER SUBMISSIONS 

Anything that you submit to the Platform and/or provide to us, including but not limited to, questions,  reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive  property and shall not be returned to you. In addition to the rights applicable to any Submission, when  you post comments or reviews to the Platform, you also grant us the right to use the name that you  submit, in connection with such review, comment, or other content. You shall not use a false e-mail  address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the  origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions. 

ORDER ACCEPTANCE AND PRICING 

Please note that there are cases when an order cannot be processed for various reasons. The Platform  reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to  provide additional verifications or information, including but not limited to phone number and address,  before we accept the order. 

We are determined to provide the most accurate pricing information on the Platform to our users;  however, errors may still occur, such as cases when the price of an item is not displayed correctly on the  Platform. As such, we reserve the right to refuse or cancel any order. In the event that an item is  mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and  notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or  not the order has been confirmed and your credit card or bank account charged. 

TRADEMARKS AND COPYRIGHTS 

All intellectual property rights, whether registered or unregistered, in the Platform, information content  on the Platform and all the Platform 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 our property. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international  conventions. All rights are reserved. 

As such the Platform reserves the full rights to desist and prevent usage of trademarked and / or  copyrighted content materials including, but not limited to, text, graphics, software, photos, video,  music and sound uploaded by third party, suppliers and merchants operating on the Platform. 

APPLICABLE LAW AND JURISDICTION 

These Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject  to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of  Government of Malaysia to waive any objections based upon venue. 

ARBITRATION 

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be  referred to and finally settled by private and confidential binding arbitration before a single arbitrator  held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is  legally trained and who has experience in the information technology field in Malaysia and is  independent of either party. Notwithstanding the foregoing, the Platform reserves the right to pursue  the protection of intellectual property rights and confidential information through injunctive or other  equitable relief through the courts. 

TERMINATION 

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately  terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and  Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use  of the Platform and we shall, in addition to any other legal or equitable remedies, immediately revoke  all password(s) and account identification issued to you and deny your access to and use of this Platform in whole or in part. Any termination of this agreement shall not affect the respective rights and  obligations (including without limitation, payment obligations) of the parties arising before the date of  termination. You furthermore agree that the Platform shall not be liable to you or to any other person  as a result of any such suspension or termination. If you are dissatisfied with the Platform or with any  terms, conditions, rules, policies, guidelines, or practices of 

Propcademy Sdn Bhd (1166330U) in operating the Platform, your sole and exclusive remedy is to  discontinue using the Platform.

Terms of Use - propCADEMY 

1. DEFINITIONS and INTERPRETATION

1.1 In these Terms and Conditions: 

"Account" means the propCADEMY Account that you will need to register on our Platform to submit an  Order; 

"Buyer" means an authorised user who place an order on the Platform; "Seller" means the person who enters into a contract for the supply of Goods via propCADEMY; 

"Platform" means collectively propCADEMY Website, and any other websites or applications which we  may own or operate from time to time, each of which shall be described as a “Platform”; 

"Terms and Conditions" mean the general terms and conditions set out in this document; "Contract" means the contract for the purchase and sale of Goods, howsoever formed or concluded; 

"Goods" means the materials (including any instalment of the materials or any parts for them) which  Seller is to supply in accordance with a Contract; 

“Order” means your order for Products sent through the Platform in accordance with the relevant Terms  and Conditions of Sale; 

“Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform. "Writing" includes electronic mail facsimile transmission and any comparable means of communication. 

“propCADEMY”, a platform consisting of website and mobile apps operated by Propcademy Sdn Bhd, a  company incorporated in Malaysia under registration number 1166330U and having its registered  address at B-03-23, Plaza Bukit Jalil (Aurora Place), No.1 Persiaran Jalil 1, Bandar Bukit Jalil, 57000 Kuala  Lumpur. 

1.2 Any reference in these Terms and Conditions to any provision of a statute shall be construed as a  reference to that provision as amended re-enacted or extended at the relevant time. 1.3 The headings in these Terms and Conditions are for convenience only and shall not affect the  interpretation of any parties. 

2. BASIS OF THE CONTRACT

2.1 The supply of Goods by Seller to the Buyer under any Contract shall be subjected to these  Conditions which shall govern the Contract to the exclusion of any other terms and conditions contained or referred to in any documentation submitted by the Buyer or in correspondence or  elsewhere or implied by trade custom practice or course of dealing. 

2.2 Any information made available in propCADEMY in connection with the supply of Goods, including  photographs, drawings, data about the extent of the delivery, appearance, performance,  consumption of operating materials, operating costs, are not binding and for information purposes  only. In entering into the Contract the Buyer acknowledges that it does not rely on and waives any  claim based on any such representations or information not so confirmed. 

2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised  representatives of the Buyer and/or Seller and propCADEMY. 

2.4 Any typographical, clerical or other error or omission in any quotation, invoice or other document  or information issued by propCADEMY in its website and mobile apps shall be subject to correction  without any liability on the part of propCADEMY. 

2.5 propCADEMY may provide Buyer and Seller with electronic documents such as tax invoice, receipt,  credit note, debit note, or any other document. 

3. GENERAL GUIDELINE

3.1 The use of the Platform is subject to our general guidelines: - 

3.1.1 You shall be at least 18 years old; 

3.1.2 You shall comply with all the laws, regulations, rules, policies and guidelines as well as this Agreement and any further guidelines that may be issued by us from time to time; 3.1.3 You shall not be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually  explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful,  

harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or  which may or may appear to impersonate anyone else; 

3.1.4 You shall not affect us adversely or reflect negatively on us, the Platform, our goodwill,  name or reputation or cause duress, distress or discomfort to us or anyone else, or  discourage any person from using all or any portion, features or functions of the Platform; 

3.1.5 You shall not violate any laws, regulations, judicial or governmental order, any treaties or  violate or infringe upon any intellectual property rights, rights of publicity or privacy, or  any other rights of ours or of any other person; 

3.1.6 You shall not gain unauthorized access to the Platform, other Users' accounts, names,  passwords, personally identifiable information or other computers, websites or pages,  connected or linked to the Platform or to use the Platform in any manner which violates  or is inconsistent with any terms and conditions of this Agreement; 

3.1.7 You shall not modify, disrupt, impair, alter or interfere with the use, features, functions,  operation or maintenance of the Platform or the rights or use and enjoyment of the  Platform by any other person; 

3.1.8 You shall not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or  display any material or information, whether personally identifiable or not, posted by or  concerning any other person, in connection with their or your use of the Platform, unless  you have obtained the express, prior permission of such other person to do so; 

3.1.9 You shall not circumvent or manipulate our fee structure, the billing process, or fees owed  to us; 

3.1.10 You shall not post or provide false, inaccurate, misrepresenting, misleading, incomplete,  defamatory, or libelous content; 

3.1.11 You shall not take any action that may undermine any ratings system that we may use;

3.1.12 You shall not transfer your account and Users identification to another party without  notifying us and obtain consent from us; 

3.1.13 You shall not copy, modify, or distribute: - 

(a) Content of the Platform or 

(b) Any of our copyright or trademarks; 

3.1.14 You shall not harvest or otherwise collect information about other Users, including  telephone number, and email addresses, without our consent; 

3.2 Under no circumstances that we will be liable to any errors, fraudulent act, or omissions of Users  for damage of any kind incurred as a result of the use the Platform. 

3.3 You must take your own precautions to ensure that the process that you employ for accessing the  Platform does not expose you to the risk of viruses, malicious computer code or other forms of  interference which may damage your own computer system. 

3.4 You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or  terminate your account without further notice and we shall not be held liable under any  circumstances in the event you breached any clause in this Agreement. 

3.5 We reserve our rights to change, improvise or amend our guidelines from time to time. 3.6 In the event that this Agreement terminates for whatsoever reasons, the following shall be  applicable: - 

(a) Your access to the Platform shall immediately be terminated; 

(b) We reserve the right to permanently dispose and delete any data held in your registered  account without further reference to you; and  

(c) Any claim which either party may have against the other in respect of any breach or non performance or repudiation of any of the provisions of this Agreement which shall have occurred  prior to such termination shall not be affected or prejudiced. 

4. REGISTRATION

4.1 To use, gain access or experience the Platform’s full range of features offered and made available,  you shall be prompted to complete the registration process in order to establish a user’s account  by providing, among others, your corresponding email address, password, or/and other personal  information as required by us, whichever is applicable. (“the Registration Information”).  

4.2 We reserve the right to seek more personal information or personal details from you for the  purpose of the usage of the Platform.  

4.3 You acknowledge and understand that you shall provide us with accurate, complete, and updated  Registration Information. In the event of any updates of the personal data, you shall take steps to  notify us for such update.  

4.4 You understand that all Registration Information including images, pictures, data, text,  photographs, graphics, lists, video, messages, or other materials stored or uploaded in Platform by  you or by any party authorized by you ("the Authorized Party") is the exclusive work and property  from whom such upload content is originated.  

4.5 We do not claim any ownership of any Registration Information you upload. You shall retain  copyright and any other rights you already hold in such content which you or the Authorized Party  submit, post, upload or display on or through the Platform. When you or the Authorized Party  submit, post, upload or display content, you shall give a perpetual, irrevocable, worldwide, royalty free, and non-exclusive license (and sub-licensable) to archive the content in accordance with or as  reasonably contemplated by this Agreement. 

4.6 We reserve the right to remove any upload posted by you or Authorized Party without serving a  notice to you.  

4.7 We reserve the right to refuse registration of, or cancel an account at our discretion. You shall be  responsible for maintaining the confidentiality of your username and password.  4.8 The account is personal to you and shall not be shared with third parties or transferred to third  parties without notifying us and obtain consent from us.  

4.9 We may suspend or cancel your access to your account of the Platform immediately at its  reasonable discretion, or if you breach any of your obligations under these terms and conditions.  4.10 We will take reasonable efforts to notify you by the email address provided by you to us of such suspension or cancellation, or to notify you at your next attempt to access your account.  4.11 You may terminate your account at any time by making a withdrawal request in writing at  cs@propcademy.com so that we can guide you on the cancellation procedure accordingly.  4.12 The suspension or cancellation of your account and your right to use the Platform shall not affect  either party’s statutory rights or liabilities nor shall it be deemed or construed as a waiver of our  rights to take any action against you for any loss and damages suffered as a result of your breach of  these terms and conditions. 

5. USERNAME/PASSWORD AND SECURITY

5.1 You are responsible for maintaining the security and confidentiality of the log in access (e.g E-mail,  User-ID, PW etc.) upon your registration with our Platform and are fully responsible for all activities  that occur under your password or account. 

5.2 When you register to use the Platform, you will receive email notification to activate your account. In  order to prevent fraud, you are responsible for keeping your password strictly confidential and must  not disclose it or share it with anyone. If you know or suspect that someone else knows your  password, you should notify us by contacting cs@propcademy.com immediately. propCADEMY shall  not 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, your failure to comply with this Clause 5.  

5.3 If propCADEMY has reason to believe that there is likely to be a breach of security or misuse of the  Platform, propCADEMY may require you to change your password or suspend your account 

6. PRICE

6.1 The price of the Goods and/or Services shall be the price stated in propCADEMY at the time which  the Buyer makes its offer purchase. The price may include the cost of packaging, handling, delivery  and deployment charges, any applicable goods and services tax, value added tax or similar tax. 

6.2 If we discover an error of the listing price of any Goods and/or Services which you have ordered, we  may, at our sole discretion, decide to cancel your Order. If this happens, we will notify you via email.  If you have already paid for your Order, you will receive a full refund of the paid price.

7. TERMS OF PAYMENT

7.1 The Buyer shall be entitled to make payment for the Goods pursuant to the various payment  methods provided by propCADEMY. The terms and conditions applicable to each type of payment,  as contained in propCADEMY, shall be applicable to the Contract. 

7.2 In addition to any additional terms contained in propCADEMY, the following terms shall also apply  to the following types of payment: 

7.2.1 Credit Card 

Credit Card payment option is available for all Buyers. propCADEMY accepts all Visa and  MasterCards, both Credit and Debit, and is 3D Secure (Verified by Visa, and MasterCard  Secure) enabled. All your credit card information are protected by means of industry-leading  encryption standards. 

Please take note that additional charges may be incurred if you are using a non-Malaysian  issued card due to Foreign Exchange. 

7.2.2 Debit Cards 

propCADEMY accepts all Malaysian Visa and MasterCard debit cards where subject to bank  availability. All debit card numbers shall be protected by means of industry-leading  encryption standards. 

7.2.3 Online Banking (FPX) 

For the time being, propCADEMY accepts Online Banking (FPX) from AmBank, Bank Islam,  CIMB Bank, Hong Leong, Maybank, Public Bank, RHB, Affin Bank, OCBC Bank, Standard  Chartered Bank, Bank Kerjasama Rakyat Malaysia, Bank Muamalat, Kuwait Finance House,  Bank Simpanan Nasional, Alliance Bank, United Overseas Bank (UOB), AgroBank. 

7.2.3 Shop Point Wallet 

Access to and use of shop point wallet of the Platform are restricted to buyer with  propCADEMY accounts only. You may not obtain or attempt to obtain unauthorised access  to such parts of this Platform and/or Services, or to any other protected information,  through any means not intentionally made available by us for your specific use.  

7.2.4 Voucher 

Promotional vouchers must be selected at the check-out page only. 

7.2.5 QR and e-Wallet 

propCADEMY accepts the e-Wallet payment of Touchngo, DuitNow QR, Grabpay,  ShopeePay, Boost MAE, AliPay, & WechatPay. 

7.2.6 Razer Cash Payment 

Buyer can opt to make cash payment by providing the transaction details for payment at  preferred 7-eleven convenience store.

8. ORDER

8.1 Order Submission 

8.1.1 To submit an Order, you will be required to follow the online shopping process on the  Platform. An Order is only considered accepted by Seller upon your Order being shipped to  the delivery address provided by you, at which time you will receive an email notifying you  that the Order has been shipped. 

8.1.2 We will not be liable to you or any other third party by reason of our withdrawing, removing  any materials or content of any Product from this Platform, whether it has been sold or not,  or for refusing to process or accept an Order.  

8.2 Order Cancellation by Customer 

8.2.1 If you discover that you have made a mistake with your Order after you have submitted it to  the Platform, please contact cs@propcademy.com immediately. Cancellation is only available  for Orders that are not shipped. Any payment made will be refunded, less our reasonable  administration charges. 

9. DELIVERY / PERFORMANCE

9.1 Delivery, handling and deployment of the Goods and all aspects of it, including schedule and status  updates shall be at the sole discretion and responsibility of the Seller. 

9.2 propCADEMY does not provide logistics or any form of delivery arrangement and services on behalf  of Sellers at this point of time. 

9.3 If delivery or collection is delayed through buyer unreasonable refusal to accept delivery or if you  do not accept the delivery or collect the Product from the courier, we may (without affecting any  other right or remedy available to us) do either or both of the following: 

(a) charge you for any fee and other costs reasonably incurred by us; or 

(b) no longer make the Product available for delivery or collection and notify you that we are  immediately cancelling the order, in which case we will refund to you any money already paid to us,  less our reasonable administration charges (including for attempting to deliver and then returning  the Product, and any storage fees). 

10. RISK AND PROPERTY OF THE GOODS

10.1 Risk of damage to or loss of the Goods shall pass to the Seller, and is at their sole responsibility as propCADEMY does not partake in any part of its delivery to Buyer. 

11. WARRANTIES AND REMEDIES

11.1 Warranty (if any) concerning the Goods may be given, subject to and is sole responsibility of each  individual Seller and the product or service in topic. 

11.2 propCADEMY do not give or issue any forms of warranty to goods, products and materials sold or  services provided, on behalf of the Seller.

12. RETURNS AND REFUNDS

12.1 Return and refund requests for goods sold are at sole discretion of Seller and subject to their own  Terms and Conditions. 

12.2 propCADEMY do not process, accept or reject any return and refund requests on behalf of Seller. 

13. FORCE MAJEURE

13.1 propCADEMY shall not be liable to the Buyer or be deemed to be in breach of the Contract by  reason of any delay in performing or any failure to perform any of propCADEMY’s obligations due  to any cause beyond propCADEMY’s reasonable control. Without prejudice to the generality of the  foregoing the following shall be regarded as causes beyond propCADEMY’s reasonable control: 

13.1.1 Act of God, explosion, flood, tempest, fire or accident; 

13.1.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition; 13.1.3 acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part  of any governmental parliamentary or local authority; 

13.1.4 import or export regulations or embargoes; 

13.1.5 interruption of traffic, strikes, lock-outs, other industrial actions or trade disputes (whether  involving employees of propCADEMY or of a third party); 

13.1.6 interruption of production or operation, difficulties in obtaining raw materials labour fuel  parts or machinery; 

13.1.7 power failure or breakdown in machinery. 

13.1.8 Upon the happening of any one of the events set out in Condition 9.1 propCADEMY may at  its option:- 

13.1.9 fully or partially suspend delivery/performance while such event or circumstances  continues; 

13.1.10 terminate any Contract so affected with immediate effect by written notice to the Buyer  and propCADEMY shall not be liable for any loss or damage suffered by the Buyer as a  result thereof.