TERMS AND CONDITIONS OF USE

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, unless the context otherwise requires, the following terms shall have the meanings set forth below:

2. ACCEPTANCE OF TERMS

2.1. If you do not agree to these Terms, you must immediately cease using the Platform and may not create an Account or access any features of the Service.

2.2. Your continued use of the Platform following any modifications to these Terms constitutes acceptance of such modifications.

2.3. These Terms, together with our Privacy Policy, constitute the entire agreement between you and PropGo.my regarding the use of the Platform.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1. Eligibility Requirements

You must meet all of the following criteria to use the Platform:

• You must be at least eighteen (18) years of age
• You must have the legal capacity to enter into binding contracts under Malaysian law
• You must not be prohibited from using the Platform under any applicable laws or regulations
• If representing an organization, you must have authority to bind that organization to these Terms

3.2. Account Registration

To access certain features, you must create an Account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your Account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your Account
• Accept responsibility for all activities that occur under your Account
• Not create multiple Accounts or share your Account with others
• Not use another person's Account without authorization

3.3. Agent Verification

Agents may be required to provide verification documents including but not limited to:

• Valid Real Estate Negotiator (REN) license number issued by the Board of Valuers, Appraisers, Estate Agents and Property Managers (BOVAEA)
• Identity verification documents
• Agency affiliation details and authorization letters
• Professional credentials and certifications

PropGo.my reserves the right to verify, reject, or revoke Agent status at any time in its sole discretion.

4. DESCRIPTION OF SERVICE AND PLATFORM ROLE

4.1. Platform Services

PropGo.my provides the following services:

• A marketplace platform for posting and browsing "Want To Buy" (WTB) and "Want To Rent" (WTR) property requests
• Messaging and communication tools between Property Seekers and Agents
• Profile management for users and agents
• Appointment scheduling functionality
• Property listing management for agents
• Subscription management for agents

4.2. What PropGo.my IS NOT

• NOT a Real Estate Agency: We do not act as a real estate agent, broker, or property management company
• NOT a Transaction Party: We are not involved in any property transactions, sales, or rental agreements
• NOT Professional Advisors: We do not provide legal, financial, real estate, or tax advice
• NOT Inspectors or Valuers: We do not conduct property inspections, valuations, or due diligence
• NOT Payment Processors: We do not handle property transactions, escrow, deposits, or rental payments
• NOT Guarantors: We do not guarantee any user's performance, conduct, or obligations

4.3. No Data Mining or Scraping

You expressly agree that you will not use this Platform or our services to carry out any "data mining" services to collect or collate information about the identities and offers of our users, agents, or advertisers. The use of automated systems, software, or tools to scrape, extract, or collect data from the Platform is strictly prohibited without our prior written consent.

5. USER CONTENT AND INTELLECTUAL PROPERTY

5.1. User Content License

By posting Content on the Platform, you grant PropGo.my a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.

5.2. User Representations

You represent and warrant that:

• You own or control all rights to the Content you post
• The Content does not violate any third-party rights
• The Content is accurate and not misleading
• The Content complies with these Terms and applicable laws
• The Content does not contain viruses or malicious code

5.3. Platform Intellectual Property

All materials, products, and services provided on the Platform, including but not limited to designs, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of PropGo.my or its content suppliers and are protected by Malaysian and international copyright laws.

You may not reproduce, modify, distribute, publicly display, or create derivative works of any materials from the Platform without our prior written consent.

6. PROHIBITED CONDUCT AND ACTIVITIES

6.1. Prohibited Activities

You agree NOT to:

• Post false, misleading, or fraudulent property information
• Impersonate any person or entity or provide false identity information
• Engage in spam, unsolicited communications, or commercial solicitation
• Violate any applicable laws or regulations including those listed in Section 18
• Circumvent usage limits, restrictions, or payment obligations
• Use automated tools, bots, or scrapers to access the Platform
• Harvest or collect user information without consent
• Interfere with or disrupt the Platform's operation or servers
• Attempt to gain unauthorized access to any systems or networks
• Upload viruses, malware, or malicious code
• Engage in any activity that could damage the Platform's reputation

6.2. Prohibited Content

You may not post Content that:

• Violates Malaysian laws including the Communications and Multimedia Act 1998 and Online Safety Act 2024
• Is defamatory, obscene, pornographic, vulgar, or offensive
• Promotes discrimination based on race, religion, nationality, disability, gender, age, or sexual orientation
• Contains threats, harassment, cyberbullying, or incites violence
• Is sensitive to race, religion, or royalty under Malaysian law
• Contains child sexual abuse material or content harmful to minors
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Promotes illegal activities, financial fraud, or scams
• Contains private or confidential information of third parties

7. AGENT-SPECIFIC TERMS

7.1. Agent Responsibilities

Real Estate Agents using the Platform must:

• Maintain valid professional licenses and credentials throughout their use of the Platform
• Comply with all applicable real estate laws and regulations including the Real Estate (Negotiation) Act 1981
• Comply with BOVAEA professional conduct requirements
• Provide accurate, truthful, and up-to-date property information
• Disclose any conflicts of interest or material information to Property Seekers
• Maintain professional standards and ethical conduct in all interactions
• Obtain proper authorization from property owners before listing properties
• Handle client funds and transactions in accordance with applicable laws
• Not engage in fraudulent, deceptive, or misleading practices

7.2. Agent Verification and Revocation

PropGo.my reserves the right to verify Agent credentials at any time and may revoke Agent status if:

• Agent credentials expire, are suspended, or are revoked by regulatory authorities
• Agent provides false or misleading information
• Agent violates these Terms or applicable laws
• Agent engages in misconduct or unprofessional behavior
• PropGo.my determines, in its sole discretion, that continued Agent status is inappropriate

8. SUBSCRIPTIONS, PAYMENTS, AND BILLING (AGENTS ONLY)

8.1. Subscription Plans

PropGo.my offers the following subscription plans for Agents:

• Agent Free: No charge, with limited monthly response credits and listing limits
• Agent Pro: Monthly or annual subscription (RM68/month or equivalent annual rate) with unlimited response credits and premium features

Plan features, pricing, and limits are subject to change. Current pricing and features are displayed on our pricing page.

8.2. Payment and Billing

• Payment Processing: All payments are processed securely through Stripe, Inc. ("Stripe")
• Currency: All prices are in Malaysian Ringgit (MYR)
• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled
• Billing Date: You will be billed on the date you first subscribe and on the same date of each subsequent billing period
• Payment Method: You must provide valid payment information and authorize us to charge your payment method
• Failed Payments: If payment fails, we may suspend your subscription access until payment is resolved

8.3. Cancellations and Refunds

• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support
• Effective Date: Cancellations take effect at the end of the current billing period
• Access: You retain access to paid features until the end of the billing period
• Refunds: We do not provide refunds for partial billing periods. All sales are final except where required by law
• Downgrade: Downgrading to Agent Free takes effect at the end of the current billing period

8.4. Credits and Usage

• Monthly Allocation: Response credits reset monthly on your billing date
• Expiration: Unused credits expire at the end of each billing period and do not carry over
• Non-Transferable: Credits cannot be transferred, sold, or exchanged
• Non-Refundable: Credits have no cash value and are non-refundable

8.5. Price Changes

PropGo.my reserves the right to modify subscription prices at any time. Price changes will not affect your current billing period but will apply upon renewal. We will notify you of price changes at least thirty (30) days before the new price takes effect.

8.6. Taxes

Subscription prices exclude applicable taxes. You are responsible for all sales, use, and other taxes or duties. If we are required to collect taxes, they will be added to your subscription fee.

9. PROPERTY TRANSACTIONS AND DISCLAIMERS

9.1. Property Information Disclaimer

PropGo.my makes NO representations or warranties regarding:

• Accuracy, completeness, or currency of property information, descriptions, photographs, or specifications
• Availability of any property for sale, rent, or lease
• Property prices, valuations, or market values
• Property titles, ownership status, or legal status
• Physical condition, defects, or suitability of any property
• Compliance with zoning laws, building codes, or regulations
• Environmental conditions, hazards, or contamination
• Any other aspect of any property listed on the Platform

9.2. Agent Disclaimer

PropGo.my makes NO representations or warranties regarding:

• Agent credentials, licenses, or professional standing
• Agent qualifications, experience, or expertise
• Agent conduct, performance, or professionalism
• Agent compliance with professional standards or laws
• Any services provided by Agents to Property Seekers

While we may verify certain Agent credentials, this verification does NOT constitute an endorsement, recommendation, or guarantee of any Agent's services or conduct.

9.3. User Due Diligence Requirements

Property Seekers MUST:

• Conduct independent verification and due diligence on all property information
• Physically inspect properties before making any commitments
• Obtain professional property inspections and valuations
• Verify property titles, ownership, and legal status through proper channels
• Ensure compliance with all applicable laws, regulations, and permits
• Obtain independent legal and financial advice before entering into any transaction
• Verify Agent credentials independently with BOVAEA or relevant authorities
• NOT rely solely on information provided on the Platform for important decisions

10. LIMITATION OF LIABILITY

10.1. Excluded Damages

IN NO EVENT SHALL PROPGO.MY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Property transaction failures, disputes, or financial losses
• Fraud, misrepresentation, or illegal activities by users
• Inaccurate, incomplete, or misleading information
• Property defects, legal issues, or regulatory violations
• Agent misconduct, negligence, or professional malpractice
• Personal injury or property damage arising from property visits or transactions
• Service interruptions, downtime, or technical failures
• Data loss, corruption, or security breaches
• Third-party actions, content, or services

THESE LIMITATIONS APPLY EVEN IF PROPGO.MY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UPON WHICH LIABILITY IS BASED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

10.2. Exceptions to Limitations

The limitations in this Section do not apply to liability that cannot be excluded under Malaysian law, including:

• Gross negligence or willful misconduct by PropGo.my
• Death or personal injury caused by PropGo.my's negligence
• Fraud or fraudulent misrepresentation by PropGo.my

11. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PROPGO.MY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM OR RELATED TO:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any laws, regulations, or third-party rights
• Content you post or transmit through the Platform
• Your property transactions or interactions with other users
• Any negligence, misconduct, or illegal activities on your part
• Any breach of your representations or warranties under these Terms

PropGo.my reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPGO.MY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of any content
• Warranties regarding uninterrupted, timely, secure, or error-free operation of the Platform
• Warranties regarding quality, performance, or results from use of the Platform
• Warranties regarding correction of defects or errors

No oral or written information or advice given by PropGo.my shall create any warranty. You acknowledge that your use of the Platform is at your sole risk.

13. THIRD-PARTY SERVICES AND LINKS

The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by PropGo.my. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

PropGo.my is NOT responsible for:

• Availability, performance, or reliability of third-party services
• Third-party terms, conditions, or policies
• Third-party fees, charges, or billing
• Third-party data handling, privacy practices, or security
• Third-party service changes, interruptions, or discontinuation

You acknowledge and agree that PropGo.my shall not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, goods, or services.

14. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information in compliance with the Personal Data Protection Act 2010 (PDPA) and other applicable laws.

By using the Platform, you consent to the collection and use of your information as set forth in our Privacy Policy, which is incorporated into these Terms by reference.

You may access our Privacy Policy at: /privacy-policy

15. CONTENT MODERATION AND ENFORCEMENT

15.1. Moderation Rights

PropGo.my reserves the right, but has no obligation, to:

• Monitor, review, edit, or remove any Content at any time without notice
• Investigate violations of these Terms
• Take appropriate legal action against users who violate these Terms
• Cooperate with law enforcement authorities and comply with legal requirements
• Implement automated content filtering and moderation tools

15.2. Reporting Violations

If you become aware of any Content or conduct that violates these Terms or applicable laws, you may report it to us at: support@propgo.my

16. TERMINATION AND SUSPENSION

16.1. Termination by You

You may terminate your Account at any time by contacting us at support@propgo.my. Upon termination:

• Your access to the Platform will be terminated
• Your subscription (if any) will be cancelled
• Your Content may be deleted (subject to legal retention requirements)
• You remain liable for all obligations incurred prior to termination

16.2. Termination by PropGo.my

We may suspend or terminate your Account and access to the Platform immediately, without prior notice or liability, for any reason, including if you:

• Violate these Terms or our policies
• Engage in illegal activities, fraud, or misconduct
• Provide false information or impersonate others
• Fail to pay subscription fees (for Agents)
• Create multiple accounts to circumvent restrictions
• Pose a risk to other users, PropGo.my, or the Platform
• Are subject to legal proceedings that affect your ability to use the Platform

16.3. Effect of Termination

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

17. DISPUTE RESOLUTION AND ARBITRATION

17.1. Informal Resolution

Before initiating any formal dispute resolution, you agree to first attempt to resolve the dispute informally by contacting us at support@propgo.my. We will attempt to resolve the dispute informally within thirty (30) days.

17.2. Binding Arbitration

If the dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration in Malaysia under the Arbitration Act 2005, except for:

• Disputes involving intellectual property rights
• Disputes involving amounts less than RM 10,000
• Disputes requiring injunctive or equitable relief
• Criminal matters or regulatory violations

17.3. Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH PROPGO.MY ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in class actions, class arbitrations, or other collective or representative proceedings against PropGo.my. This class action waiver applies to the fullest extent permitted by law.

17.4. Arbitration Procedures

• The arbitration shall be conducted in English
• The seat of arbitration shall be Kuala Lumpur, Malaysia
• The arbitrator's decision shall be final and binding
• Each party shall bear its own costs and fees unless otherwise determined by the arbitrator

18. GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia, including but not limited to:

• Contracts Act 1950
• Consumer Protection Act 1999
• Personal Data Protection Act 2010 (PDPA)
• Communications and Multimedia Act 1998
• Online Safety Act 2024
• Consumer Protection (Electronic Trade Transaction) Regulations 2024
• Real Estate (Negotiation) Act 1981
• Housing Development (Control and Licensing) Act 1966
• Arbitration Act 2005

Any legal proceedings (not subject to arbitration) shall be conducted exclusively in the courts of Malaysia, and you consent to the exclusive jurisdiction of such courts.

19. FORCE MAJEURE

PropGo.my shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, extreme weather, earthquakes, floods, or fires
• Government actions, orders, regulations, restrictions, or embargoes
• Internet outages, telecommunications failures, or power outages
• Cyber attacks, hacking, or other malicious activities
• Third-party service provider failures or interruptions
• Labor disputes, strikes, lockouts, or work stoppages
• War, terrorism, civil unrest, or military actions
• Pandemic, epidemic, or public health emergencies

During force majeure events, our obligations under these Terms shall be suspended for the duration of the event.

20. MODIFICATIONS TO TERMS

PropGo.my reserves the right to modify these Terms at any time. We will notify you of material changes through:

• Email notification to your registered email address
• Platform notifications when you log in
• Updated Terms posted on the Platform with a new "Last Updated" date
• In-app notifications for mobile users

Material changes will take effect thirty (30) days after notice is provided. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you disagree with the changes, you must stop using the Platform and terminate your Account.

21. GENERAL PROVISIONS

21.1. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and PropGo.my regarding the use of the Platform and supersede all prior agreements and understandings.

21.2. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

21.3. Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or the right to enforce such provision. No waiver shall be effective unless in writing and signed by an authorized representative of PropGo.my.

21.4. Assignment

You may not assign or transfer these Terms or your Account without our prior written consent. We may assign or transfer these Terms without restriction. Any attempted assignment in violation of this provision is void.

21.5. No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and PropGo.my.

21.6. Language

These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict, the English version shall prevail.

21.7. Notices

Notices to PropGo.my must be sent to: support@propgo.my

Notices to you will be sent to the email address associated with your Account.

22. CONTACT INFORMATION

For questions, concerns, or disputes regarding these Terms and Conditions, please contact us at: