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Terms of Use
Established: 10th June 2024
By exploring & usage of the website www.rojakproperty.com (“Site” or “MediaPlatform”) or any of the services provided by owner Rojak Property Sdn. Bhd. and/or its affiliates (“RP”, “we”, “us”, or “our”), including, but unlimited to any of the services offered on www.rojakproperty.com or by “RP” (collectively the Site and services, herein referred to as the “Services”), you, on behalf of yourself as an individual as well as on behalf of the party who has entered into a subscription agreement with “RP”, to grant you unlimited access to the Services & platform as agreed to be bound by the following terms and conditions (“Terms of Use”). If you have no intention to signed up with “RP” and do not wish to be bound by these “Terms of Use”, you may exit the “Site” now.
As agreed, your agreement with “RP” regarding compliance with these “ Terms of Use” legally made effective upon commencement of your use of the Site or Services. We shall grant you for a subscription and “RP” reserve the right to change these “Terms of Use” from time to time (including without limitation via multimedia announcement or electronic notification or notification on the Site). As agreed that it is your responsibility to review and understand these “Terms of Use” from time to time and to familiarize yourself with any modifications. Your continued use of this Site or any Services will constitute acknowledgment of the modifications and agreement to abide and be bound by the revised “Terms of Use”. You can review the current & updated version of the “Terms of Use” at any time which can be accessed by clicking on the “Terms of Use” link designated at bottom webpages throughout the Site. For any further questions pertaining to the “Terms of Use” please email : support@rojakproperty.com (Business Hours from 9.00hours to 17:00hours, Mon to Friday)
The use of any services, which require payment to access, as well as any free trials (“Paid Services”) shall be subject to the Paid Services section of this agreement.
Violation of any of the terms below will result in the suspension or termination of your user account and no refund if you have subscribed to any Paid Services.
ACCOUNT REQUIREMENTS
To register for the Services, you must be legally 18 years old and above, you must provide details information requested (which may include such items as your legal full name, a valid email address your name, a valid phone number registered your name, your date of birth, and other information, and which may be collected through a third party service, and you hereby authorize us to collect such data) (the “Registration Data”), and you must be in person. If you are a company with multiple individuals, each person with one user account with their own login – a single login may not be shared by multiple people. Should the user might misplace or forgot password, our support team shall always assist each user during our business hours only. You may keep your own password & user Identification securely.
The information we obtain through your use of the Services, including your Registration Data, is subject to our Privacy Policy, which can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site and incorporated within these Terms of Use.
By creating an account with us, you agree that you may receive communications from Rojak Property, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
You may post an image for the use of your online profile. By submitting such images, you represent and warrant that you are authorised to use the images and grant us the non-exclusive and royalty-free right to use the image.
To fully access or use the platform, you are required to register for an account by providing, among others, your name, email address and password.
As agreed, as an individual as well as the party who employs you or otherwise authorized your access to the Services that not included in our Term of Use or beyond our policy, your user account shall be not valid , the agreement was void immediately.
As agreed, not to use the account, username or password of another user at any time or to do anything else or illegally that might jeopardize the security of your or another user’s account.
As agreed to notify our support team immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, “RP” may terminate your account without refund and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
You, as an individual, as well as the party who employs you or has otherwise authorized you to access the Services under a separate agreement with “RP”, will be responsible for maintaining the security of your account, personal data, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your personal account and any of your uses or misuses of the responsible organization’s account.
DESCRIPTION OF OUR SERVICES
General
We may make the Services available in both free and paid versions through the Site or otherwise. We reserve the sole right to either modify or discontinue the Services or features or currency & pricing that might be available through a free or paid model, at any time with or without notice to you. Any modified or new features that we may choose to make available to you shall also be subject to these “Terms of Use”.
PaidServices
The Paid Services provide features that may or may not be available in the free version of our Services. Unless otherwise agreed in writing, the Paid Services will be governed by the following terms. For Paid Services, you or the party who has authorized you to access the Service agree to pay us the applicable subscription fee until the expiration of the agreed upon term (monthly or annual) or cancellation of your subscription in a manner agreed upon with us. Unless otherwise specified in a mutually executed Agreement with you or the party authorizing you. Add on services are available as customised platform and are billed monthly in arears. Your subscription will automatically renew for the subscription period you choose (e.g., monthly or annual) unless you update account settings at least thirty (30) days prior to the expiration of the subscription period. All subscription fees are earned in full when paid and are not refundable. You shall be responsible for, and shall pay RP for all applicable taxes, duties or charges or any kind, including but not limited to sales and service tax, which may be levied upon either party in connection with the service delivered to you in this agreement.
We will not issue refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for unused time with an open account. To treat everyone equally, no exceptions to this practice will be made.
We may change the prices for our Paid Services at any time, without notice, and you will be charged the new price for all future purchases or renewals of such products.
You may cancel any subscription-based Paid Services at any time. To cancel, please contact our Customer Service Team at hotline : 012-7097321 or support@rojakproperty.com
USAGE
You confirm that you are home owners, home buyers, landlords, tenants, real estate negotiators, property manager, or equivalent and agree to use the Services only in connection with a proper purpose for a legitimate rental real estate business.
For greater clarity, you agree that you will not use any information obtained through the Services for employment screening purposes.
You agree that you are disclosing personal information: a) in order to ensure payment of a debt owed to you or your organization; OR b) to prevent or stop fraud; OR c) with the consent of the individual you are sharing personal information about to disclose to RP; OR d) and using the Services for the purpose and intent of providing or acquiring tenancy which the individual has requested; OR e) and providing an accurate, truthful, and factual reference of your experience with an individual or entity for purposes related to an investigation or a proceeding; OR f) and using such information and the Services for your internal management purposes.
You understand and agree that RP is not able to guarantee that the information you or others share with RP will be used by reporting agencies or reflected on a credit report, in a credit score, or what the impact will be on such credit report and credit score if it is.
You agree to only report accurate, truthful, and factual information and keep such information up to date on a regular basis and to update it when such information changes. You are aware that the individuals that you report information about, will be made aware that you reported such information as will others who are able to access such information.
You acknowledge that reporting inaccurate information may have negative repercussions for the relevant individual. Such negative repercussions may include but are not limited to difficulty securing tenancy and impacted credit reports and scores. You accept full liability and hereby hold RP harmless for the impacts of inaccurate information reported by you.
You will only use the tenant screening features of the Services for individuals who are applying for tenancy with you or are already a tenant and that you have written consent from to access their information. You are aware that searches of records through the Services are recorded and available to the searched party and others are kept confidential.
The decision whether to rent to a tenant is solely your responsibility. RP makes no recommendation or opinion to you as to whether you should rent to anyone.
You consent to the collection of personal information by RP for the purpose of creating, maintaining, and updating a credit report and for such information to be disclosed to and used by landlords, property managers and others for assessing suitability for tenancy, collecting debts, credit grantors assessing suitability for credit, and credit reporting agencies including but not limited to those commonly known as Landlord (Legal Property owner) to use in the creation of other credit reports.
You consent to RP contacting you by email, SMS, mail and by phone, in accordance with legislation in your jurisdiction.
You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, RP may display your comments on the Site and use them for other marketing and business activities. In addition, RP reserves the right in its sole discretion to reject use of comments, delete comments or copied or post any advertisement not related to RP from the Site for any reason, and edit comments for both content and format. RP further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. RP does not endorse or control the comments or information found in any Interactive Area and, therefore, RP specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
6.1 Subscription Fees
6.2 Revision/Increment
6.3 Payment Method
We use a payment processor (including but not limited to FPX Transactions) to bill you through a payment account linked to your billing account or by providing our bank account information for you to make payment to us. By making use of these payment services on the Platform, you agree to be bound by terms as laid down from time to time by the payment processor and hereby consent and authorize us to delegate the authorizations and share information you provide to us with our third-party service provider to the extent required to provide such payment services to you.
6.4 Mode of Payment
All the aforesaid payment(s) shall be made by you to the RP by way of credit card, debit card, FPX or e-wallets and all such payment shall be deemed to be paid/made on the day such payment is received by the RP.
6.5 Non-Refundable and Non-Transferable
You agree that all payment(s) paid by you to the RP and/or paid into the Account are non-refundable nor non-transferable to any third party.
CANCELLATION AND TERMINATION
Upon cancellation of any account, all of the content you have created and posted through the Services (“User Content”) may be immediately deleted and may not be recovered once your account is cancelled. We do not accept any liability for loss of your User Content due to cancellation of your account. If you cancel the Service before the end of your current paid up subscription period (e.g. monthly, annually or multi-year), your cancellation will immediately take effect and you will not be charged again after then the current subscription period has ended, but there are no pro-rations to your balance credit (if any) for the period that you terminated early.
We further reserve the right to disable or deactivate unpaid accounts. In the event of such termination, all data associated with such an account may be deleted. We are not obligated to provide you prior notice of such termination.
CONDUCT WHEN USING THE SITE AND SERVICES
Your use of the Services is subject to all applicable laws and regulations, as well as the applicable terms of any third party integrated with our service, and you are solely responsible to ensure that your use of the Services complies therewith. Please pay close attention to any third party terms that you have agreed to, including those posted within third party services. Your use of the Services is at your sole risk and is provided on an “as is” and “as available” basis. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or RP. You will not reproduce, duplicate, copy, sell, resell, compete with for a period of one year after the date of your last use of the Services, or exploit any portion of the Services, use of the Services, or access to the Service without the express written permission by RP. You may not overwhelm the Site or Services by using significantly more bandwidth than other customers, which in our sole discretion, degrades the reliability, speed, or operation of the Site, Services or any underlying hardware or software thereof. The Services may not be used in connection with promoting anything, which in RP’s sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.
CONTENT RIGHTS
Any intellectual property rights that you have with respect to any User Content you store on our Services, or which you may deliver to us for use in connection with the Services (which for purposes of this Content Rights section is hereby included in the definition of User Content) remains yours. You grant us a non-exclusive, world-wide, fully-paid up, sub-licensable, transferable, limited license to access, copy, modify, use, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such User Content to the extent needed to provide our Services. The license you grant us is non-exclusive (meaning you are free to license your User Content to anyone else in addition to RP), fully-paid and royalty-free (meaning that we are not required to pay you for the use of the User Content that you post), transferable and sub-licensable (so that we are able to use our affiliates, partners and subcontractors to provide the Services), and worldwide (because the Internet and the Services are global in reach).
All intellectual property rights to content created by us, whether or not it was made available to you or published for you pursuant to the Services or otherwise, to the extent that it is not User Content is strictly ours (“RP Content”). We grant you a limited, non-exclusive (meaning we are free to license our RP Content to anyone else in addition to you), non-transferable and non-sub-licensable license to access, modify, use, transmit, reformat, and edit the RP Content to the extent needed solely using the Services.
You are solely responsible for your User Content and the consequences of its transmission. You are further responsible for ensuring that you do not make any private content publicly available in violation of anyone’s privacy or confidentiality rights. Any third party content that you may receive through the use of the Services from your customers or otherwise is provided to you via the Services is provided AS IS for your information and personal use only and you agree not to use or otherwise exploit such content for any purpose without the express written consent of the person who owns the rights to such content. We make no warranties, express or implied, as to the third party content or to the accuracy or reliability of the third party content or any material or information that you receive through our Services.
You agree not to use, display or share your User Content or RP Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with these Terms of Use, and all applicable laws and regulations. We are not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. We make no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate the account of any User in accordance with these Terms of Use.
You will not use any content from the Site in a manner that is unlawful or otherwise violates these Terms of Use or those of any third party site from which the content was retrieved or to which your content will be displayed, and all other applicable laws and regulations.
By posting User Content through the Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
We neither endorse nor assume any liability for any User Content. However, we and our agents have the right in our sole discretion to remove any User Content that, in our judgment, does not comply with these Terms of Use or any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of User Content.
While you retain all of your pre-existing rights in the User Content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including but not limited to, display through the Services, and display on the Site for the purpose of demonstrating how our Services can be used. You shall be solely responsible to make and retain any copies of the User Content you need for your purposes before your account is terminated.
The software that runs the Services and look and feel of the Services is a copyright. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from RP.
Listings and Advertisement Rules
You must ensure that your property listing and advertisements comply with all applicable laws, statutes, regulations, industry code of conduct or guidelines issued by any relevant trade organisation. Such property listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any relevant trade organisation, 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.
You must be authorised to transact the property and/or publish the property listing on our Portal. If you are listing a property, the property listing can not:-
contain information that is deemed false, illegal, inaccurate, misleading, misrepresenting, and/or untrue in regards to of any such information;
be posted without the owner’s consent, which may include, but not limited to individuals and/or private homeowners and property developers;
be listed as available but is in fact no longer available for sale or rent;
have information about neighbours or other information that would potentially be viewed as an invasion of privacy; and contain materials which belongs to third parties including pictures belonging to another.
You may not misuse the personal data obtained or generated from your property listings or advertisements.
You shall only upload only relevant photographs of the said property showcasing the interior, exterior or the surroundings of the said property. Your photograph will be automatically modified by us by inserting your contact details.
Irrelevant photographs are strictly prohibited, including but not limited to company logo, customised photo, pictures of a gavel, for sale signboards, unique selling point propositions, placing borders and images from magazines. We also do not allow any watermarks on the photographs (including third parties’ logo, name, contact number, email, USP, etc).
We reserve the right to remove any listing, photograph or Content posted by you without notice to you.
Successful Transactions
In the event of a successful listing of a property herein and parties wish to enter into a tenancy or lease agreement, such parties may utilise a sample tenancy or lease agreement provided in the Application. You agree that such agreement is a non-binding sample and you place no reliance on such sample. You are free to add Special Conditions on such sample and you may seek independent legal advice before adding into such agreement. You agree that RP and legal adviser is not liable for any damages or liability caused, whether directly or indirectly, from any error, deficiency or omission in such sample or any services provided by the Application or RP to facilitate formalisation of the parties’ agreement.
PLATFORM & SOFTWARE RIGHTS
You will not, and will not allow any third party to: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Platform or any software, documentation or data related to the Platform (“Software”) (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Platform or Software; use the Platform or Software other than for your internal benefit; use the Platform or Software other than in accordance with these Terms of Use or any other written agreement with respect to the subject matter hereof or in compliance with all applicable laws and regulations, including but not limited to any privacy laws, and laws or regulations concerning intellectual property, consumer and child protection, obscenity or defamation.
Except as expressly set forth herein, RP solely will retain all intellectual property rights relating to the Platform or the Software, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform and/or the Software, which are hereby assigned by you to RP.
RIGHT TO ANNOUNCE OUR RELATIONSHIPDISCLAIMER OF WARRANTIES
You will have the right to disclose your use of our Services but not the terms or specifics (including pricing terms) of your relationship with us, unless we approve such disclosure in writing prior to such disclosure.
DISCLAIMER OF WARRANTIESLIMITATION OF LIABILITY
ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
You expressly understand and agree that RP shall not be liable for any indirect, punitive, 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 RP has been advised of the possibility of such damages), resulting from any cause including: (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; (v) or any other matter relating to the Service.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You understand that RP uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and RP is not responsible for the shortcomings of any such third parties.
INDEMNIFICATION
You agree to indemnify, defend, and hold RP (and its affiliated companies, web app designer, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including actual attorneys’ fees, that arise from (i) your use or misuse of the Site or Services; (ii) any violation of the rights of any other person or entity by you; or (iii) any breach or violation by you of this Agreement. RP reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with us in asserting any available defences.
DISPUTES, ARBITRATION, WAIVER OF CLASS
Notwithstanding anything in this Agreement, if a Dispute is initiated by RP, RP may bring an action in any court of competent jurisdiction or choose to use arbitration pursuant to the following terms.
For any other Dispute and arbitrations:
Governing Law. This Agreement and any dispute arising out of or related to this Agreement or the use of the Site (‘Dispute’) shall be governed by the laws of Malaysia. You hereby consent to the exclusive jurisdiction of the courts of Malaysia for the resolution of any such Dispute. Notwithstanding, Rojak Property may seek injunctive and other relief in any court of competent jurisdiction.
MISCELLANEOUS
Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. RP may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You must provide notice to RP by email and regular mail using the information below.
Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you. RP may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party. You hereby acknowledge and agree that if another company acquires RP or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your Personal Information as defined by our privacy policy available, which can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site, and you agree to such transfer without further action or confirmation.
Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, agreed to by both you and RP, or by a change to this Agreement or the Guidelines.
CONTACT INFORMATION
RP welcomes your comments or questions. Written notices required under these Terms of Use are to be sent both vifa email to support@rojakproperty.comTerms of Use
ROJAK PROPERTY is a platform for Real Estate Negotiator to build rental reporting for those Landlords and Tenants.
ROJAK PROPERTY is a rental data collection agency and not a Real Estate Negotiator or Real Estate Agency.
