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1.      GENERAL ACCETANCE

This is the Terms and Conditions for the usage of the Application, operating under the care and control of MAXXAN PROPERTIES SDN BHD (Registration No. 201701026687 (1240853-P)) (“MAXXAN”). These Terms and Conditions apply to your access to and use of this Application and/or while browsing through our Website for the goods, products and services that are currently listed on the Website/Application. Please read these Terms and Conditions carefully. By continuing to access and use this Application, you are deemed to have understood and agreed to all the terms and conditions contained herein. If you do not accept these Terms and Conditions, please discontinue using and/or browsing our Application immediately.

Other websites/applications may contain terms and conditions, which are different from these Terms and Conditions. In addition, specific terms and conditions may apply to specific content, services or products contained in or available from such other websites, as such, you are strongly advised to read through and understand our terms and conditions stipulated herein.

These Terms and Conditions shall be deemed to include our Personal Data Protection Policy and any additional policies (which shall include any and all other operating rules, directives, policies, requirements and / or guidelines in addition to the current Terms and Conditions, that may govern the use of the Application from time to time), as the case may be. We may assign or change any part or parts of our rights under these Terms and Conditions without your consent or prior notification. The Terms and Conditions and Personal Data Protection Policy shall constitute a legally-binding agreement between us and you.

MAXXAN reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend these Terms and Conditions and any other such documents incorporated by reference from time to time. Users are hereby put to notice that it is your sole responsibility to understand, peruse, make reference and/or review these Terms and Conditions for any changes, alterations, modifications, etc. Your use of the Application following any amendment, alteration, modification of these Terms and Conditions shall signify your assent to and irrevocable acceptance of any revised Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or access the Application.

2.      INTERPRETATIONS

A.                “Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Application, whether as a Service User or Professional Person;

B.                 “Application” shall means [Maxxan Propcare] as well as (i) the websites bearing the domain [https://staging.maxxan.com.my/] and any other websites, related microsites and / or mobile or web applications owned and operated by MAXXAN which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.

C.                 “Data” is defined in Clause 13.1;

D.                “Additional Service” means the facility provided by the Application including but not limited to (i) accepting Service User requests and disseminating them to Professional Person; (ii) facilitating Professional Person to render quotations to Service Users (if needed and/or necessary); (iii) facilitating Service Users and Professional Person to make contact; (iv) maintaining profiles for Professional Person; (v) Loyalty Programs; and (vi) any other ancillary or related services as may be determined by MAXXAN at its sole discretions from time to time;

E.                 “Loyalty Programs” means that any and all referral programs and/or loyalty points program/system and/or any virtual credits/ points system that can be utilised within the Application by Users subjected always to the terms and conditions determined and/or stipulated by MAXXAN in its sole discretion in relation to each of such programs/system, from time to time. For avoidance of doubt, MAXXAN’s agents (including meaning defined under Service User, as the context may apply) are not allowed to enjoy this Loyalty Programs within the Application for any reason(s) whatsoever.

F.                  “Marks” is defined in Clause 13.1;

G.                “Password” means the password which you may be required to create, provide and use in order to create and use an Account;

H.                “Professional Person” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Application;

I.                    “Service” means the professional service offered and / or to be rendered by the Professional Person in the course of his business to a Service User. Such service(s) offered and/or rendered shall consist of a wide spectrum which involves property management, property listing (solely relating to listing by MAXXAN’s agents), household services solutions and many more;

J.                   “Service User” means any individual or company that has (i) used or browsed the Application; and / or (ii) submitted a request for professional services offered by Professional Person or any party advertising themselves vide the Application for offering and/or rendering any services and/or products, via the Application, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Professional Person via the Application; and/or (iii) MAXXAN’s agent;

K.                “Submitted Content” is defined in Clause 7.1;

L.                 “Terms and Conditions” refer to these Terms and Conditions, Personal Data Protection Policy and any other additional policies as may be modified from time to time; and

M.               “user”, "you" and "your", as applicable, means a person who accesses, uses, and/or participates in the Application in any manner, whether as a Service User or Professional Person.

3.      OBJECTIVE OF THE APPLICATION

You hereby acknowledge that the Application’s functions as an online platform for Service Users to connect with Professional Person for the purposes of transacting to respectively receive and provide Services. MAXXAN is not itself a Professional Person or a Service User.

4.      REPRESENTATION, WARRANTIES AND UNDERTAKING BY USERS

By using or participating in the Application, you represent, warrant and undertake that: -

A.                              you are at least a majority age of eighteen (18) years of age;

B.                              you are or intend to be either a Professional Person or Service User;

C.                              you have the authority to enter into and accept these Terms of Use;

D.                              all registration or other information that you are required to submit in order to gain full use of this Application for your intended purpose as a Professional Person or Service User is true and accurate and that you will maintain the accuracy of such information;

E.                               your use of the Application and Services offered through this Website do not violate any applicable law or regulation which you are subject to; and

F.                               you agree to make and/or settle any payment, if required, for any Services requested through the use of the Website (if any).

5.      USAGE

MAXXAN hereby grants you as an user of the Application a non-exclusive, revocable license to use the Application as set forth in these Terms and Conditions, provided however that:

A.                              you will not copy, create, distribute, or make derivative works of the Application in any medium without MAXXAN's prior written consent;

B.                              you will not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended usages/purposes; and

C.                              you will otherwise act in accordance with these Terms and Conditions and/or with all applicable legislations, laws, by-laws, regulations, orders, or any other such directives from any applicable authorities, from time to time.

6.      USER ACCOUNTS

A.                             You may generally use and browse the Application without registering or providing your personal details. However, in order to access and utilise the full facilities and features of the Application, you may be required to create an User Account. To create an User Account, you must provide and submit your name, details, email address, housing address and / or any such details (including create a Password) as may be required. You may also provide additional optional information at your discretion, which is not required to create an Account but which will help MAXXIN to provide you with a more customised experience when using the Application;

B.                              Any virtual credits and/or virtual points credited to your account registered under the Application shall solely be utilised for the permitted usage provided for and/or recognisable by MAXXAN in relation to the Application and strictly in no such circumstances that any of the virtual credits and/or virtual points is allowed and/or subjected to the exchange for monetary consideration or any such other form of consideration whatsoever. However, you may opt to utilise any of your virtual credits and/or virtual points to exchange gifts from MAXXAN (subject to the terms and conditions contained therein) from time to time. For the avoidance of doubt, such exchanged gifts shall be on a “as-is-where-is” basis and MAXXAN shall not be held liable for any warranty period or liabilities arising from the exchanged gifts. Furthermore, MAXXAN reserve its absolute rights and discretions at any time for any purpose whatsoever to replace, change, alter, swap, exchange, substitute and/or convert any exchanged gifts which is at the material time being unattainable, unobtainable and/or out-of-stock, to any gifts, products and/or items and you are hereby irrevocably consent to such arrangement;

C.                              Any and all virtual credits and/or virtual points credited to your account registered under the Application shall not in any circumstances whatsoever allowed and/or subjected to any form of refund, reimbursement and/or any form of compensation in the event that MAXXAN shall at its sole discretion decides to terminate and/or cease the operation(s), continuity and availability of the Application for any reason(s) whatsoever at any material time and you are hereby irrevocably consent to such arrangement;

D.                             MAXXAN reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend for the method in allocation, exchanging and/or collection any virtual credits and/or virtual points credited to your account registered under the Application from time to time without further notice to you and you are hereby irrevocably consent to such arrangement;

E.                              You are solely responsible for safeguarding your Password and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MAXXAN immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another person's Account without permission and/or consent. You agree that you will not misrepresent yourself or represent yourself as another user of the Application and/or the Services offered through the Application. You hereby acknowledge and agree that MAXXAN will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding, you may be liable for the losses of MAXXAN or others due to such unauthorised use;

F.                               In addition, and in connection with the use of your User Account, you hereby irrevocably acknowledge, undertake and consent that: -

1.                      You will not copy or distribute any part of the Application in any medium without MAXXAN's prior written authorisation;

2.                      You will not alter, change or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purpose;

3.                      You will provide accurate and complete information when creating your User Account;

4.                      You hereby undertake, agree and/or consent that you shall participate, partake, engage and/or follow all and any discount programs and/or events and/or promotion as of when may be required by MAXXAN from time to time (including but not limited to offering promotion codes, discount codes, vouchers, promotion events and/or any incentive programs to Users or any party using the Application) to promote the usage of the Application;

5.                      You will ensure that at all material times information given and/or provided to us when creating your User Account shall be maintained as true and accurate;

6.                      You shall not use any automated system in any way whatsoever for any purposes whatsoever, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Application for any purpose without MAXXAN's prior written approval;

7.                      You shall not in any manual or automated manner collect Professional Person and/or Service Users information, including but not limited to, names, addresses, phone numbers, details or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Application information or content, including but not limited to, use on a "mirrored", competitive, or third party site or any linked site;

8.                      You shall not in any way that transmits more request messages to the MAXXAN’s and/or the Application’s servers, or any server of a MAXXAN subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. MAXXAN and/or the Application strictly reserves the right to revoke these exceptions either generally or in specific cases at its sole discretion;

9.                      You shall not recruit, solicit, connect or contact and/or attempt in any way whatsoever to recruit, solicit, connect or contact via any medium, any Professional Person and/or Service Users for any employment and/or contracting the aforesaid parties for any business not affiliated with the Application without prior, written authorisation from MAXXAN;

10.                  You shall not take any action that (i) unreasonably encumbers or, in MAXXAN’s sole discretion, may unreasonably encumber the Application's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation in the Application; or (iii) bypasses MAXXAN's measures that are used to prevent or restrict access to the Application; and

11.                  You agree not to collect, reserve, retain or harvest any personally identifiable data, including but not limiting to the names or other User Account information, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes other than those recognised and consented by MAXXAN.

7.      CONTENTS FROM USERS – GENERAL ONLIGATIONS, REPRESENTATIONS AND WARRANTIES

A.                             You shall not upload, post, transmit, transfer, assign, disseminate, dismantle, discharge, distribute, dispense, disperse, spread, allocate, issue and/or facilitate distribution of any manner of content including but not limited to all kind of text, images, video, sound, data, information, software and/or any matter incidental to any part of the Application including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Application, the Service, the Professional Person, or the Service User (herein after shall be collectively referred to as "Submitted Content") and further that:-

1.                       Misrepresents the source of anything that you post, including but not limiting to the impersonation of another individual or entity of any false or inaccurate biographical information for any Professional Person, provides or create links to external sites that violate these Terms and Conditions, is intended (or otherwise) to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;

2.                       Invades anyone's privacy by attempting to harvest, gain, retain, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;

3.                       Contains falsehoods or misrepresentations that could damage MAXXAN (including to MAXXAN group of companies, affiliates, associations and subsidiaries) or any third party;

4.                       Is in the nature of illegal, pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, and/ or expresses or attempts to incites, advocates and/or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;

5.                       Is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant MAXXAN all of the license rights granted therein;

6.                       Is intended to threaten, stalk, smear, traduce, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;

7.                       Intends to harm, injure, impair, disable or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;

8.                       Advertises or solicits a business not related to or appropriate for the Application (as determined by MAXXAN in its sole discretion);

9.                       Contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;

10.                   Contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

11.                   Distributes or contains viruses or any other technologies that may harm MAXXAN and/or the Application, or the interests or property of the Application’s users;

12.                   Contains links to commercial services or websites or applications, except as allowed pursuant to these Terms and Conditions;

13.                   Is non-local or irrelevant content; or

14.                   Contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of MAXXAN.

B.                              You hereby agreed not to send messages to any other users or such users, as the case may be, whom you have made contact with via or through the Application containing: -

1.                       Making and/or creating offers to conduct national or international money transfers for amounts exceeding the asking price of a service, with the intent to request a refund sum of any portion of the payment; or

2.                       Unsolicited advertising or marketing of a service that is (i) not offered on the Application; or (ii) is offered on an external website.

C.                              During your usage of the Application, you hereby agreed to not: -

1.                State, post, circulate or create any such contents or items in any inappropriate category or areas on the Application;

2.                Violate any legislatives, laws, by-laws, rights, directives, orders, third-party rights, account policies, or any provision of these Terms and Conditions, such as the prohibitions described above;

3.                Cause failure, refusal and/or ignorance in any payment and/or ways of payment for any such Services purchased by you, unless the Professional Person has materially changed the description of the Service after you have finalised to negotiate an agreement with such Professional Person for such Service, a clear typographical error is made, or you cannot authenticate the Professional Person's identity;

4.                Fail, refuse and/or ignore to perform Services purchased from you, unless the Service User fails to materially meet the terms of agreement of which parties mutually agreed upon;

5.                Circumvent or manipulate any fee structure or billing process that we may have or implement;

6.                Post, create, make, fabricate any such distorted, false, fictitious, improper, inaccurate, untrue, misleading, defamatory, or libelous content (including personal information about any Application user);

7.                Leave any distorted, false, fictitious, improper, inaccurate, untrue, misleading, defamatory, libelous or inappropriate feedback about a Professional Person and you shall at all times use careful and good judgment in leaving any feedback.

D.                             You are solely and absolutely responsible for your own Submitted Content and you are solely and absolutely responsible for any such consequences of posting or publishing it. You irrevocably hereby covenant, represent, and/or warrant that:

1.                      You own or have the necessary licenses, rights, authorisations, sanctions, agreements, consents, and permissions to use and authorize MAXXAN to use any and all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;

2.                      You have the written consent, authorisation, grant, approval, acceptance, sanction, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and

3.                      You irrevocably agree and undertake to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Application.

E.                              You hereby grant, and you represent and warrant that you have the necessary licenses, rights, authorisations, sanctions, agreements, consents, and permissions to grant to MAXXAN a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Application and MAXXAN’s (and its permitted assigns’ and successor's) business operations, including but not limited for the promotion, marketing, advertising and redistribution of any part or all of the Application (and any derivative works in any media formats and through any social and media platform).

F.                               You also hereby grant each user of the Application a non-exclusive license to access your Submitted Content through the Application, and to read and use, such Submitted Content as permitted through the functionality of the Application subject always under these Terms and Conditions.

8.      DISCLAIMERS AND RIGHTS TO REMOVAL OF DATA

A.                             MAXXAN does not in any way or manner whatsoever endorse, approve and support any Submitted Content or any opinion, recommendation, or advice provided by any users and MAXXAN hereby irrevocably disclaims all and any of such liability(ies) arising from and in relation to all Submitted Content.

B.                              MAXXAN does not permit, endorse, approve, support, sanction, authorise any manner of copyright infringing activities and infringement of intellectual property rights activities appearing on the Application, and MAXXAN hereby expressly state that it will remove any and all such Data or Submitted Content in its absolute discretion as it deems fit and proper from time to time, upon being notified and/or having reasonable reason(s) to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. MAXXAN may take any action(s) or step(s) it deems fit and proper and in its sole discretion against such infringer.

C.                              MAXXAN reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.

D.                             You acknowledge and understand that when using the Application, you will be exposed to Submitted Content:

1.                       From a variety of sources and that MAXXAN shall not be held responsible for the accuracy, usefulness, safety, or intellectual property rights arising from or relating to such Submitted Content; and

2.                       That is or may be inaccurate, offensive, indecent, or objectionable, and you hereby irrevocably agree to and hereby waive any legal or equitable rights or remedies you have or may have against MAXXAN, and agree to indemnify and hold MAXXAN, its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application.

E.                              You shall be solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Application users. You irrevocably understand, undertake and hereby agree that MAXXAN may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Application users or others.

9.      PROFESSIONAL PERSON(S)

A.                              If you are an individual or a company using the Application and / or have register as a Professional Person, you hereby irrevocably undertake, represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Professional Person and your acceptance of these Terms and Conditions will be deemed an acceptance by that Professional Person and shall formed a legal binding relationship between parties upon such terms. Further to the above, you hereby irrevocably undertake, agree, consent and covenant to MAXXAN that you are agreeable for MAXXAN to promote, market, advertise, utilise, operate, apply and/or use the trademark, business mark, business name, trade name, logo, design, artwork, framework, emblem, symbol, sign, figure, stamp, seal, layout, pattern, style and any form of mark relating to the foregoing in relation to your business for the purpose of marketing, promoting, advertising, retailing the Application.

B.                              By signing up, registering or creating an User Account on the Application as a Professional Person, you hereby undertake, agree and undertake to comply and at all material times provide true and accurate answers towards any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Service.

C.                              Professional Person shall not: -

1.                            Register or list on the Application in a category of Service which they are not offering or that is irrelevant to or inappropriate for the Service they are offering;

2.                            Induce to believe, make reference, include or attempt to include any third-party brand names or other inappropriate keywords in their Profile, title or any posting, messages or submission made in or through the Application;

3.                            Misrepresent (whether by intention or otherwise) the location(s) at which they will provide a Service;

4.                            Add, insert, append, comprise or include any information in their Profile that is fraudulent or otherwise incorrect;

5.                            Carry, use and utilise (whether in whole or part of) any misleading titles, words or phrases that do not accurately describe the Service they provide;

6.                            Regulate, organise and/or conduct fraud, misrepresentation or misconduct (whether by intention or otherwise) on any promotions, events, programs or partnerships which MAXXAN may conduct;

7.                            Do anything (whether by intention or otherwise) to circumvent or avoid any fees that MAXXAN may charge;

8.                            Solicit Service Users or any person to pay or do anything not specifically permitted by these Terms of Use or by MAXXAN as it may in its sole discretion determine from time to time;

9.                            Commence any actions, claims, demands, suits, proceedings, tribunal actions and any such matters arising from the disputes as a result of any usage of your business’ trademark, business mark, business name, trade name, logo, design, artwork, framework, emblem, symbol, sign, figure, stamp, seal, layout, pattern, style and any form of mark relating to the foregoing in relation to your business throughout any marketing, promoting, advertising, retailing of the Application carried out by MAXXAN;

10.                        Offer, provide, attempt or solicit any Service or do anything that contravenes these Terms and Conditions, the Personal Data Protection Policy and/or any legislation, laws, by-laws, regulations, sub-regulations, directives, orders by any competent authorities; and

11.                        Use their Profile or the Application for promoting (i) products or goods; (ii) Services which are not offered by the Professional Person through the Application; (iii) Services which are not a recognised category on the Application; (iv) any website, service, product, party or any matter, service(s) or item(s) not directly related to their Service or otherwise prohibited by MAXXAN in its sole discretion from time to time; or (iv) any services that may be prohibited under law.

10.  SERVICE USER

A.                            Service User(s) hereby undertake, covenant and represent that it shall not in any way whatsoever at any material time: -

1.                             Enter in agreement to purchase, enjoy, employ, utilise or using any of the Service with no intention of any remuneration paid over for such Service;

2.                             Sign up, request, solicit or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes, general surveying or fishing expeditions; or (iii) any other non-personal use;

3.                             To agree to purchase a Service when (i) you deliberately know and/or have reasonable reason(s) to believe or have been put on notice that you do not meet the Professional Person's terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.

B.                             As a Service User, you are always encouraged to exercise due care, reasonable and independent judgement based solely on your own discretion and absolute care in your judgment to hire and/or engagement any Professional Person.

11.  NON-ABSOLUTE CONFIDENTIALITY

Without prejudice to the Personal Data Protection Policy, you hereby consent, acknowledge and agree that MAXXAN does not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the Applicant.

12.  TERMINATION

A.                             MAXXAN reserves the absolute right at any time as it deems fit and proper and from time to time to modify, alter, enhance, change, termination or discontinue, temporarily or permanently, the Application or any part thereof with or without notice. You agree that MAXXAN shall not be held liable in any way whatsoever to you or to any third party for any modification, suspension or discontinuance of MAXXAN’s services.

B.                             You hereby undertake, acknowledge and agree that MAXXAN in its sole and absolute discretion has the right but not the obligation to delete, terminate, remove and/or deactivate your Account, block your email or IP address, cancel the Application or otherwise terminate your access to or participation in the use of the Application or any part thereof, or remove and discard any Submitted Content on the Application immediately and without notice and for any reason whatsoever which is may but is not obliged to disclose.

C.                             Upon termination of your Account, your right to participate in the Application in any way shall automatically terminate and lapse.

D.                             Upon termination the following shall occur: -

1.                            All licenses granted to you will immediately terminate and lapse and you are prohibited to use any of such license in any way whatsoever;

2.                            Your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the MAXXAN’s system;

3.                            ll related licenses you have granted MAXXAN hereunder shall remain in effect for the foregoing purpose. In no event is MAXXAN obligated to return any Submitted Content to you. All terms and conditions and rights in favour of MAXXAN shall survive such termination and remain in the full benefit of MAXXAN; and

4.                            MAXXAN shall not be liable to you or any third party for any termination of your access to the Application. MAXXAN retains the right to use any data collected from your use of the Application.

E.                              You agree to indemnify and hold MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.

13.  INTELLECTUAL PROPERTY RIGHTS

A.                             The content on the Application (exclusive of all Submitted Content), including without limitation, the text, designs, audio clips, visual clips, recordings, software, scripts, graphics, photos, pictures, sounds, music, songs, videos, interactive features and the like ("Data") and the trademarks, trade name, designs, service marks and logos contained therein ("Marks"), are owned by MAXXAN or a related companies and/or subsidiaries of MAXXAN (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and MAXXAN or the Group owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Application are the property of their respective owners.

B.                             Data on the Application is provided to you for your information and personal use only and may not be used, copied, transferred, assigned, reproduced, distributed, marketed, listed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

C.                             MAXXAN or the Group reserves all rights not expressly granted in and to the Application and the Data. You hereby irrevocably agree and undertake not to use, copy, market, transfer, assign, operate, apply, exploit or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data therein.

14.  DISPUTES

A.                              You hereby undertake and acknowledge that all and any interactions with other users, whether individuals, companies and/or organizations and whether Professional Person or Service Users, found on or through the Application, including payment of and performance of any Service, and any other terms, conditions, undertakings, covenants, warranties or representations associated with such transactions, matters, affairs or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.

B.                               You understand and acknowledge that deciding whether to: -

1.                         Use the Services of a Professional Person and/or or any party advertising themselves vide the Application for offering and/or rendering any services and/or products;

2.      Provide Services to a Service User; or

3.      Use information contained in any Submitted Content,

it is at all material times your personal decision, for which you alone are solely be held responsible against any liabilities arising thereof. You hereby irrevocably acknowledge and understand that MAXXAN does not and cannot make representations and warranties as to the suitability of any user you may decide to interact with on or through the Application and/or the accuracy or suitability of any advice, information, or recommendations made by any user.

C.                             Should there arise any dispute(s) between you and a Service User, Professional Person and/or any other third party or user in relation to the Application, such dispute shall be resolved solely between you and such Service User, Professional Person and/or any such third party or user, as the case may be, and in no event and situation that MAXXAN shall have or hold any responsibility, liability or obligation in relation thereof.

D.                             It is hereby agreed and consent between parties that notwithstanding the foregoing, you irrevocably agreed and undertake that MAXAN is not privy and shall not be held responsible and/or liable towards any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions and any such matters arising from the disputes as a result of any such transaction, dealing or affair. Should there be any dispute(s) between users on the Application or between users and any other third parties, you hereby irrevocably acknowledge, agree and consent that MAXXAN is under no such obligation(s) and/or responsibilities as a party to such disputes, as the case may be. In the event that a dispute arises between you and one of or more users or any third party, you hereby irrevocably undertake, covenant and consent that to release MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN from all and any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions and any such matters and any kind of nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Application or any other services provided thereunder.

15.  MARKETING EVENTS, ADVERTISEMENTS, COMMERCIAL ANNOUNCEMENTS AND EXTERNAL LINKS

A.                               Certain aspects and functions of the Application and other MAXXAN services may be supported by advertising revenue. As such, MAXXAN may display advertisements, marketing events, commercial announcements, displays and promotions on the service. The manner, mode and extent of advertising undertake by MAXXAN on the Application are subject to change and the appearance of advertisements on the Application and does not necessarily imply endorsement by MAXXAN of any such advertised products or services. You hereby irrevocably consent, acknowledge and agree that MAXXAN is not privy shall not be held in any way whatsoever responsible and/or liable over and for any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Application.

B.                               The Application may at its discretion provide and furnish or third parties may provide and furnish such links, contact forms and/or phone numbers to other websites, links, webpages or resources, including but not limited to social networking, blogging and similar websites through which you are able to log into the Application using your existing account and log-in credentials for such third-party websites. You hereby irrevocably consent, acknowledge and agree that MAXXAN is not responsible and shall not held responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Save and except expressly stated on the Application, links to third-party sites should in no way be considered as or interpreted to be MAXXAN's endorsement of such third-party sites or any product or service offered through them. As such, you are strongly advised to study, read and understand the relevant policy(ies) posted on those other websites in order to understand the procedures to those websites.

C.                               We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a thirdparty website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.

D.                               You further irrevocably consent, undertake, acknowledge and agree that MAXXAN shall not be responsible or liable, directly or indirectly, for losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Application, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also irrevocably undertake, understand, consent and acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Application, and you accept all responsibility thereof. Your dealings and communications through the Application with any party other than MAXXAN are solely between you and such third party and should there be any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

16.  GENERAL INDEMNITIES AND LIMITATION OF LIABILITIES

A.                             You hereby irrevocably and expressly understand, consent, agree and acknowledge that any usage of the Application is at your sole risk and expense. MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN shall make no warranties, representations and/or covenants (whether express or implied) arising or resulting from or under and in relation with the Application and from your use or inability to use thereof including but not limited to: -

1.                        The accuracy, completeness, merchantability, satisfactory quality, uninterrupted and/or error-free service(s) or operation(s), continuity and availability of service(s) or operation, compatibility and usability with third party or such other service(s), fitness for a particular purpose, quiet enjoyment and non-infringement of third party rights of the Application or any services that MAXXAN provides;

2.                        Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Application (whether by MAXXAN or any other third party through the Application);

3.                        Any unauthorised access to or use of the Application or MAXXAN’s servers, data and/or information;

4.                        Any cessation, termination, omission or disturbance of the transmission to or from the Application;

5.                        Any computer viruses, worms, Trojan horses and/or other malwares or by trespass or burdening network capacity whether transmitted to or through the Application whether due to the actions of any third parties or otherwise;

6.                        Any transaction or transmission between you and any third party provider of products, goods and/or services of any kind in any medium whatsoever;

7.                        Any harassment, abuse, stalking, threatening, defamatory, offensive, libel, smear, slander, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of Applicant or otherwise.

B.                             You hereby expressly consent, acknowledge and agree that to the fullest extent permitted by law, in no event shall MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN be held in any way whatsoever responsible and/or liable over and for any losses or injury (in any form whatsoever including but not limited to loss of profits, corruption or loss of Data, failure in transmission of Data or business interruption regardless of the liability in contracts, torts or otherwise), damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you as a result of and arising from or under and in connection with the Application and from your use or inability to use thereof, including without limitation to the followings:-

1.                        The accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error free service(s) or operation, continuity and availability of service(s) or operation, compatibility and usability with third party or such other services, quiet enjoyment and non-infringement of third party right of the Application;

2.                        Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Application (whether by MAXXAN or any other third party through the Application);

3.                        Any unauthorised access to or use of the Application or MAXXAN’s servers, data and/or information;

4.                        Any cessation, termination, omission or disturbance of the transmission to or from the Application;

5.                        Any computer viruses, worms, Trojan horses and/or other malwares or by trespass or burdening network capacity whether transmitted to or through the Application whether due to the actions of any third parties or otherwise;

6.                        Any transaction or transmission between you and any third-party provider of products, goods and/or services of any kind in any medium whatsoever;

7.                        Any harassment, abuse, stalking, threatening, defamatory, offensive, libel, smear, slander, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of Applicant or otherwise.

C.                             You hereby irrevocably agree, consent and undertake to indemnify and hold harmless to the fullest extent allowed by the law MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN against all and any claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your usage of the Application, your breach and/or violation of any terms of these Terms and Conditions, your breach and/or violation of any third party rights of any nature whatsoever, including but not limited to any copyrights, trademarks, intellectual property rights, property and/or tortious rights.

17.  FEES AND TAXES (IF APPLICABLE)

A.                              MAXXAN reserves the right at its sole discretion to charge, apply, levy fees and charges to Service Users and / or Professional Person for the Additional Services and the use of the Application, including but not limited to fees and charges for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through MAXXAN. MAXXAN reserves the right to charge fees and charges for such facilities at its sole discretion and by using the Application of which you hereby irrevocably undertake, consent and agree to pay any such fees and charges as MAXXAN may notify to you and prescribe from time to time.

B.                               MAXXAN through the Application acts merely and mainly as an online platform for Service Users to connect with Professional Person for the purposes of transacting to respectively receive and provide Services. MAXXAN is not itself a Professional Person or a Service User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Professional Person to any Service User. You hereby understand, undertake, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.

C.                               Any fees that MAXXAN may charge the Professional Person are due immediately and are refundable provided the Users and Professional Person have satisfactorily completed MAXXAN's cancellation and refund process which apply to selected Services only. The Professional Person and Users hereby irrevocably authorise and permit MAXXAN to collect fees on their behalf (if necessary and if applicable). Fees for Services rendered excluding the software usage fee shall be released to the Professional Person within 10 days from the date fees are received by MAXXAN.

D.                              Professional Person hereby irrevocably consent, agree and acknowledge that the total amount of fees and charges paid to the Professional Person by the Users including but not limited to the software usage fee shall be retained by MAXXAN and shall only be released to the Professional Person within 10 days from the day of the receipt of such sum (save and expect always to any refund and cancellation process). Such software usage fee shall be determined by MAXXAN at its sole discretion as it deems fit and proper, from time to time.

E.                               MAXXAN may without any obligations whatsoever, at its sole discretion, make promotional offers, activities and/or programs with different features and different rates to any of the Professional Person or Users whereby these promotional offers, activities and/or programs shall accordingly be honored by you. MAXXAN may determine, alter, amend, replace and change the fee as MAXXAN deems fit and proper from time to time in its absolute discretion as necessary or appropriate for the business.

F.                                Users may choose to pay for the Services by the following methods and manner, the details of which are as follows: -

1.                        PayPal which allows your payment to be done via credit or debit card;

2.                        Interbank GIRO (IBG) Bank transfer;

3.                        A third-party payment gateway;

4.                        Instant (real time) Transfer made via local/Malaysian bank/financial institution (recognised by the Bank Negara Malaysia); and

5.                        By cash,

y ou are required to give the exact title of the payment, which is displayed after clicking on the “PAY” button on the Application, without any alterations. The Application and/or MAXXAN or any other party through this Application is not liable for any consequences of incorrect giving of title of payment by you.

G.                              In the event should you opt to make any payments vide a interbank GIRO (IBG) and/or Instant (real time) Transfer made via local/Malaysian bank/ financial institution (recognised by the Bank Negara Malaysia), you are solely liable to ensure at all material times that all payment details are correct and consistent with the relevant details and once payment of the same is made, you are also required to email to MAXXAN at [Info.MaxxanPropcare@gmail.com] of the proof of payment and/or receipt of payment and/or acknowledgement of payment from the bank/ financial institution.

H.                              All cost and expense (including but not limited to costs of cross-border money transfer) are to be borne solely by you and in the event that the Users choose to pay for the Services by credit/debut card, all payments due to Professional Person for the Services will be transmitted to Professional Person in the agreed quantum within 10 days from the date MAXXAN receipt of such payment.

I.                                  MAXXAN reserve its rights to suspend the processing of any transaction wherein MAXXAN reasonably believes that the said transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Users and Professional Person to be in breach of the Terms and Conditions between the Professional Person and Users and MAXXAN. Should such event arise, you hereby irrevocably undertake, consent and acknowledge that you shall not in any way whatsoever hold MAXXAN and/or its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN liable for any withholding of, delay in, suspension of and/or cancellation of, any payment to you.

J.                                 You hereby consent, undertake and agree that you will cooperate in your best capacity and at your best endeavours in relation to any criminal investigation that is required and to assist MAXXAN in complying with any internal investigations, instructions from the authorities and/or any such other requirements by the prevailing laws or regulations currently in force.

18.  NO PARTNERSHIP, NO AGENT-PRINCIPAL RELATIONSHIP

A.                              You hereby irrevocably undertake, acknowledge, consent and agree that in no way whatsoever in any circumstance that MAXXAN is a party to any agreement (may it be oral, written or otherwise) for any Service or any agreement and/or contract entered into between Service Users and Professional Person in connection with any Service offered, directly or indirectly, through the Application.

B.                               No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and/or your use of the Application (whether in whole or in part thereof). MAXXAN is not privy and shall not be held binding in any aspect whatsoever in relation to any of the agreement and/or contract entered into between Service Users and Professional Person in connection with any Service offered, directly or indirectly, through the Application. All Professional Person are independent and not under the supervision, management and/or control of MAXXAN. As such, neither MAXXAN nor any users of the Application may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

19.  ENTIRE AGREEMENT

These Terms and Conditions, together with the Personal Data Protection Policy and any other additional policies published by MAXXAN on the Application, shall constitute the entire agreement between you and MAXXAN concerning the Application.

20.  PARTIAL INVALIDITY

If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal for the operation of law, the other provisions shall continue in full force and effect.

21.  JURISDICTION AND GOVERNING LAW

These Terms and Conditions are governed by and shall be interpreted in accordance with the governing laws of Malaysia and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the courts of Malaysia will have non-exclusive jurisdiction over such dispute and the interpretation of issues.

22.  FORCE MAJEURE

The Application and MAXXAN shall not be liable for any performance failure, delay in performance, or lost data to the extent said failures or delays are proximately caused by (a) natural weather events, (b) war; or (c) any other causes beyond that MAXXAN’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, agents, distributors, contractors, subcontractors, agents, independent individuals and carriers to substantially meet its performance obligations herein stated, provided that in any such event, as a condition to the claim of non-liability, the Party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

23.  COMPLAINTS PROCEDURE

If you have any queries and/or complaints about this Application or the Professional Person or the Users or the Service(s) listed on this Application (save and except issues relating to a third party beyond MAXXAN’s control and subject always to the foregoing clauses), please do not hesitate to contact our team at [Info.MaxxanPropcare@gmail.com] and our team will contact you to resolve the issue in due course.

Date of issuance         : To be confirm on the launch date

This Policy shall be effective as of: To be confirm on the launch date

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Maxxan Propcare terms and conditions for users

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GENERAL ACCETANCE

This is the Terms and Conditions for the usage of the Application, operating under the care and control of MAXXAN PROPERTIES SDN BHD (Registration No. 201701026687 (1240853-P)) (“MAXXAN”). These Terms and Conditions apply to your access to and use of this Application and/or while browsing through our Website for the goods, products and services that are currently listed on the Website/Application. Please read these Terms and Conditions carefully. By continuing to access and use this Application, you are deemed to have understood and agreed to all the terms and conditions contained herein. If you do not accept these Terms and Conditions, please discontinue using and/or browsing our Application immediately.

Other websites/applications may contain terms and conditions, which are different from these Terms and Conditions. In addition, specific terms and conditions may apply to specific content, services or products contained in or available from such other websites, as such, you are strongly advised to read through and understand our terms and conditions stipulated herein.

These Terms and Conditions shall be deemed to include our Personal Data Protection Policy and any additional policies (which shall include any and all other operating rules, directives, policies, requirements and / or guidelines in addition to the current Terms and Conditions, that may govern the use of the Application from time to time), as the case may be. We may assign or change any part or parts of our rights under these Terms and Conditions without your consent or prior notification. The Terms and Conditions and Personal Data Protection Policy shall constitute a legally-binding agreement between us and you.

MAXXAN reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend these Terms and Conditions and any other such documents incorporated by reference from time to time. Users are hereby put to notice that it is your sole responsibility to understand, peruse, make reference and/or review these Terms and Conditions for any changes, alterations, modifications, etc. Your use of the Application following any amendment, alteration, modification of these Terms and Conditions shall signify your assent to and irrevocable acceptance of any revised Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or access the Application.

INTERPRETATIONS

A.               “Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Application, whether as a Service User or Professional Person;

B.               “Application” shall means [Maxxan Propcare] as well as (i) the websites bearing the domain [https://staging.maxxan.com.my/] and any other websites, related microsites and / or mobile or web applications owned and operated by MAXXAN which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.

C.               “Data” is defined in Clause 13.1;

D.              “Additional Service” means the facility provided by the Application including but not limited to (i) accepting Service User requests and disseminating them to Professional Person; (ii) facilitating Professional Person to render quotations to Service Users (if needed and/or necessary); (iii) facilitating Service Users and Professional Person to make contact; (iv) maintaining profiles for Professional Person; (v) Loyalty Programs; and (vi) any other ancillary or related services as may be determined by MAXXAN at its sole discretions from time to time;

E.               “Loyalty Programs” means that any and all referral programs and/or loyalty points program/system and/or any virtual credits/ points system that can be utilised within the Application by Users subjected always to the terms and conditions determined and/or stipulated by MAXXAN in its sole discretion in relation to each of such programs/system, from time to time. For avoidance of doubt, MAXXAN’s Agents are not allowed to enjoy this Loyalty Programs within the Application for any reason(s) whatsoever.

F.                “Marks” is defined in Clause 13.1;

G.              “MAXXAN’s Agent” means that the agents, employees, workers, labourers, brokers, negotiators and/or any such person under the employment of and/or under the control of MAXXAN.

H.              “Password” means the password which you may be required to create, provide and use in order to create and use an Account;

I.                 “Professional Person” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Application;

J.                 “Service” means the professional service offered and / or to be rendered by the Professional Person in the course of his business to a Service User. Such service(s) offered and/or rendered shall consist of a wide spectrum which involves property management, property listing (solely relating to listing by MAXXAN’s Agents), household services solutions and many more;

K.               “Service User” means any individual or company that has (i) used or browsed the Application; and / or (ii) submitted a request for professional services offered by Professional Person or any party advertising themselves vide the Application for offering and/or rendering any services and/or products, via the Application, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Professional Person via the Application; and/or (iii) MAXXAN’s Agent;

L.                “Submitted Content” is defined in Clause 7.1;

M.             “Terms and Conditions” refer to these Terms and Conditions, Personal Data Protection Policy and any other additional policies as may be modified from time to time; and

N.              “user”, "you" and "your", as applicable, means a person who accesses, uses, and/or participates in the Application in any manner, whether as a Service User or Professional Person.

OBJECTIVE OF THE APPLICATION

You hereby acknowledge that the Application’s functions as an online platform for Service Users to connect with Professional Person for the purposes of transacting to respectively receive and provide Services. MAXXAN is not itself a Professional Person or a Service User.

REPRESENTATION, WARRANTIES AND UNDERTAKING BY USERS

By using or participating in the Application, you represent, warrant and undertake that: -

A.                          you are at least a majority age of eighteen (18) years of age;

B.                          you are or intend to be either a Professional Person or Service User;

C.                          you have the authority to enter into and accept these Terms of Use;

D.                          all registration or other information that you are required to submit in order to gain full use of this Application for your intended purpose as a Professional Person or Service User is true and accurate and that you will maintain the accuracy of such information;

E.                           your use of the Application and Services offered through this Website do not violate any applicable law or regulation which you are subject to;

F.                           you are able to comply and shall in any and all circumstances, for any reason(s) whatsoever, complied and adhered to the terms and conditions set forth and determined by MAXXAN in relation to the Application (including but not limited to and of its Loyalty Programs, promotional activities, programs and/or events);

G.                          you agree to make and/or settle any payment, if required, for any Services requested through the use of the Website (if any); and

H.                          you agree to indemnify and hold MAXXAN, MAXXAN’s Agents, its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application.

USAGE

MAXXAN hereby grants you as an user of the Application a non-exclusive, revocable license to use the Application as set forth in these Terms and Conditions, provided however that:

A.                          you will not copy, create, distribute, or make derivative works of the Application in any medium without MAXXAN's prior written consent;

B.                          you will not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended usages/purposes; and

C.                          you will otherwise act in accordance with these Terms and Conditions and/or with all applicable legislations, laws, by-laws, regulations, orders, or any other such directives from any applicable authorities, from time to time.

USER ACCOUNTS

A.                          You may generally use and browse the Application without registering or providing your personal details. However, in order to access and utilise the full facilities and features of the Application, you may be required to create an User Account. To create an User Account, you must provide, supply and/or submit your name, details, email address, housing address and / or any such details (including create a Password) as may be required. You may also provide additional optional information at your discretion, which is not required to create an Account in which will help MAXXIN to provide you with a more customised experience when using the Application;

B.                          You are hereby advised and urged to, at your own cost and expense, submit and/or make claims, demands and applications to MAXXAN (SUBJECT ALWAYS to the verification, authentication and approval by MAXXAN and/or MAXXAN’s Agents) for your portion of the virtual credits and/or virtual points so that such virtual credits and/or virtual points can be credited/reflected to your account registered under the Application. It is hereby agreed and acknowledged by you that such virtual credits and/or virtual points will not in any way automatically credited/reflected to your account registered under the Application SAVE AND EXCEPT you have at your own cost and expense (if any) made and/or submitted such claims, demands and applications to MAXXAN within three (3) months upon satisfying the prerequisite requirements, conditions and/or terms of each and every of your transaction under the Application (“Claim Period”) however SUBJECT ALWAYS to the verification, authentication and approval by MAXXAN and/or MAXXAN’s Agents. Should you failed, refused and/or ignored for any reason(s) whatsoever to submit and/or make such claims, demands and applications to MAXXAN for the virtual credits and/or virtual points within the timeline stipulated in this clause, you shall be deemed to have voluntarily and/or automatically waived, forfeited and/or relinquished the same. For the avoidance of doubt, the outcome of the verification/ authentication of your claim by MAXXAN shall be final and binding to parties and shall not be subjected to any appeal.

C.                          The general process to the Claim Period are as follows: -

(i)         For sale and purchase agreement (secondary market properties and sub-sale transactions), the Claim Period shall commence from the last date of which the said agreement is signed, executed and/or sealed by the relevant party(ies). For the avoidance of doubt, the last date mentioned here shall mean that the date of which the last party to the transaction signs, executes and/or seals the said agreement. You (may it be vendor or the purchaser under the Application, as the case may be) are required to submit an E-OTP form and/or any such other documents as may be required by MAXXAN from time to time, in order for the claiming application to be processed, considered and/or taken into consideration by MAXXAN;

(ii)        For new or fresh development projects’ properties, the Claim Period shall commence from the date of which the booking form is signed;

(iii)       For tenancy or lease transactions/ agreement, the Claim Period shall commence from the last date of which the said agreement is signed, executed and/or sealed by the relevant party(ies). For the avoidance of doubt, the last date mentioned here shall mean that the date of which the last party to the transaction signs, executes and/or seals the said agreement. You (may it be tenant or the landlord under the Application, as the case may be) are required to submit an E-OTR form and/or any such other documents as may be required by MAXXAN from time to time, in order for the claiming application to be processed, considered and/or taken into consideration by MAXXAN.

D.                         Any virtual credits and/or virtual points credited to your account registered under the Application shall solely be utilised for the permitted usage and/or goods, as the case may be, as may be provided for and/or recognisable by MAXXAN in relation to the Application and strictly in no such circumstances that any of the virtual credits and/or virtual points is allowed and/or subjected to the exchange for monetary consideration, compensation, reimbursement, remuneration, repayment and/or any such other form of consideration whatsoever. However, should you (at your sole discretion) opt to utilise any of your virtual credits and/or virtual points to exchange gifts/items from MAXXAN, it shall always be subjected to further terms and conditions contained therein, as may be determined by MAXXAN from time to time. For the avoidance of doubt, such exchanged gifts/items shall be on a “as-is-where-is” basis and MAXXAN shall not be held liable for any warranty period or liabilities arising from the said exchanged gifts/items. Furthermore, MAXXAN reserve its absolute rights and discretions at any time for any purpose whatsoever to replace, change, alter, swap, exchange, substitute and/or convert any exchanged gifts/items which is at the material time being unattainable, unobtainable and/or out-of-stock, to any gifts, products and/or items and you are hereby irrevocably consented and agreed to such arrangement;

E.                          Any and all virtual credits and/or virtual points credited to your account registered under the Application shall not in any circumstances whatsoever allowed and/or subjected to any form of refund, reimbursement and/or any form of compensation in the event that MAXXAN shall at its sole discretion decides to terminate and/or cease the operation(s), continuity and availability of the Application for any reason(s) whatsoever at any material time and you are hereby irrevocably consent to such arrangement;

F.                           MAXXAN reserves the right, in its sole discretion, to change, alter, modify, enhance, adjust or otherwise amend for the method in allocation, exchanging and/or collection any virtual credits and/or virtual points credited to your account registered under the Application from time to time without further notice to you and you are hereby irrevocably consent to such arrangement;

G.                         It is also hereby expressly and irrevocably agreed by you that any and all virtual credits and/or virtual points are subjected to a twenty-four (24) months’ time period for the utilisation and usage of the each and every said virtual credits and/or virtual points under the said Application SUBJECTED ALWAYS to any of the further terms and conditions therein contained, as may be determined by MAXXAN from time to time (“Point Utilisation Period”). Should you failed, refused and/or ignored to comply to this term for any reasons whatsoever, you are aware that such virtual credits and/or virtual points shall no longer be in effect and shall be voluntarily and/or automatically waived, forfeited and/or relinquished by you. For the avoidance of doubt, the Point Utilisation Period shall start from the date of which the virtual credits and/or virtual points are approved and credited to your account;

H.                         You are solely responsible for safeguarding your Password and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MAXXAN immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another person's Account without permission and/or consent. You agree that you will not misrepresent yourself or represent yourself as another user of the Application and/or the Services offered through the Application. You hereby acknowledge and agree that MAXXAN will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding, you may be liable for the losses of MAXXAN or others due to such unauthorised use;

I.                            Upon registering yourself a User Account to the Application, MAXXAN will at its due course assigned to you a MAXXAN’s Agent to help you experienced better on the Application. However, should the situation arise that the previous assigned MAXXAN’s Agent has cease the employment relationship with MAXXAN, you are hereby expressly and irrevocably consent and agree that a new and subsequent MAXXAN’s Agent will be appointed and the said new and subsequent MAXXAN’s Agent shall replace the previous one. It is hereby agreed and consented by you that MAXXAN shall have the sole discretion and power to determine, appoint, replace, change, alter, designate, fix, arrange, assign and/or allot such suitable person(s) and candidates to be your MAXXAN’s Agent from time to time. For the avoidance of doubt, nothing herein shall be deemed as a duty and/or responsibility on MAXXAN’s part for the assigning of the MAXXAN’s Agent to the User Account. Failure to perform the aforesaid action shall not constitute as a breach of the terms of this Agreement.

J.                            In addition, and in connection with the use of your User Account, you hereby irrevocably acknowledge, undertake and consent that: -

1.                  You will not copy or distribute any part of the Application in any medium without MAXXAN's prior written authorisation;

2.                  You will not alter, change or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purpose;

3.                  You will provide accurate and complete information when creating your User Account;

4.                  You hereby undertake, agree and/or consent that you shall participate, partake, engage and/or follow all and any discount programs and/or events and/or promotion as of when may be required by MAXXAN from time to time (including but not limited to offering promotion codes, discount codes, vouchers, promotion events and/or any incentive programs to Users or any party using the Application) to promote the usage of the Application;

5.                  You will ensure that at all material times information given and/or provided to us when creating your User Account shall be maintained as true and accurate;

6.                  You shall not use any automated system in any way whatsoever for any purposes whatsoever, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Application for any purpose without MAXXAN's prior written approval;

7.                  You shall not in any manual or automated manner collect Professional Person and/or Service Users information, including but not limited to, names, addresses, phone numbers, details or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Application information or content, including but not limited to, use on a "mirrored", competitive, or third-party site or any linked site;

8.                  You shall not in any way that transmits more request messages to the MAXXAN’s and/or the Application’s servers, or any server of a MAXXAN subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. MAXXAN and/or the Application strictly reserves the right to revoke these exceptions either generally or in specific cases at its sole discretion;

9.                  You shall not recruit, solicit, connect or contact and/or attempt in any way whatsoever to recruit, solicit, connect or contact via any medium, any Professional Person and/or Service Users for any employment and/or contracting the aforesaid parties for any business not affiliated with the Application without prior, written authorisation from MAXXAN;

10.               You shall not take any action that (i) unreasonably encumbers or, in MAXXAN’s sole discretion, may unreasonably encumber the Application's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation in the Application; or (iii) bypasses MAXXAN's measures that are used to prevent or restrict access to the Application;

11.               You agree not to collect, reserve, retain or harvest any personally identifiable data, including but not limiting to the names or other User Account information, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes other than those recognised and consented by MAXXAN;

12.               You are hereby advised and urged to follow closely to each of the terms and conditions stipulated for each and every Loyalty Programs, promotional events, programs and activities as it may vary from one to another, from time to time; and

13.               You agree that MAXXAN shall have the sole discretion in determine, alter, change and/or amend any or all further terms and conditions to your usage and/or utilisation of the Application (including but not limited to the Loyalty Programs, promotional activities, programs and/or events) and you are hereby irrevocably undertake to comply to such further terms and conditions as may be imposed on yourself and further you are agreeable to fully indemnify MAXXAN for any and all issues and liabilities arising from such.

CONTENTS FROM USERS – GENERAL ONLIGATIONS, REPRESENTATIONS AND WARRANTIES

A.                          You shall not upload, post, transmit, transfer, assign, disseminate, dismantle, discharge, distribute, dispense, disperse, spread, allocate, issue and/or facilitate distribution of any manner of content including but not limited to all kind of text, images, video, sound, data, information, software and/or any matter incidental to any part of the Application including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Application, the Service, the Professional Person, or the Service User (herein after shall be collectively referred to as "Submitted Content") and further that:-

1.                   misrepresents the source of anything that you post, including but not limiting to the impersonation of another individual or entity of any false or inaccurate biographical information for any Professional Person, provides or create links to external sites that violate these Terms and Conditions, is intended (or otherwise) to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;

2.                   invades anyone's privacy by attempting to harvest, gain, retain, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;

3.                   contains falsehoods or misrepresentations that could damage MAXXAN (including to MAXXAN group of companies, affiliates, associations and subsidiaries) or any third party;

4.                   is in the nature of illegal, pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, and/ or expresses or attempts to incites, advocates and/or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;

5.                   is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant MAXXAN all of the license rights granted therein;

6.                   is intended to threaten, stalk, smear, traduce, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;

7.                   intends to harm, injure, impair, disable or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers through any means;

8.                   advertises or solicits a business not related to or appropriate for the Application (as determined by MAXXAN in its sole discretion);

9.                   contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;

10.                contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

11.                distributes or contains viruses or any other technologies that may harm MAXXAN and/or the Application, or the interests or property of the Application’s users;

12.                contains links to commercial services or websites or applications, except as allowed pursuant to these Terms and Conditions;

13.                is non-local or irrelevant content; or

14.                contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of MAXXAN.

B.                          You hereby agreed not to send messages to any other users or such users, as the case may be, whom you have made contact with via or through the Application containing: -

1.                   making and/or creating offers to conduct national or international money transfers for amounts exceeding the asking price of a service, with the intent to request a refund sum of any portion of the payment; or

2.                   unsolicited advertising or marketing of a service that is (i) not offered on the Application; or (ii) is offered on an external website.

C.                          During your usage of the Application, you hereby agreed to not: -

1.                   State, post, circulate or create any such contents or items in any inappropriate category or areas on the Application;

2.                   violate any legislatives, laws, by-laws, rights, directives, orders, third-party rights, account policies, or any provision of these Terms and Conditions, such as the prohibitions described above;

3.                   cause failure, refusal and/or ignorance in any payment and/or ways of payment for any such Services purchased by you, unless the Professional Person has materially changed the description of the Service after you have finalised to negotiate an agreement with such Professional Person for such Service, a clear typographical error is made, or you cannot authenticate the Professional Person's identity;

4.                   fail, refuse and/or ignore to perform Services purchased from you, unless the Service User fails to materially meet the terms of agreement of which parties mutually agreed upon;

5.                   circumvent or manipulate any fee structure or billing process that we may have or implement;

6.                   post, create, make, fabricate any such distorted, false, fictitious, improper, inaccurate, untrue, misleading, defamatory, or libelous content (including personal information about any Application user);

7.                   leave any distorted, false, fictitious, improper, inaccurate, untrue, misleading, defamatory, libelous or inappropriate feedback about a Professional Person and you shall at all times use careful and good judgment in leaving any feedback.

D.                         You are solely and absolutely responsible for your own Submitted Content and you are solely and absolutely responsible for any such consequences of posting or publishing it. You irrevocably hereby covenant, represent, and/or warrant that:

1.                   you own or have the necessary licenses, rights, authorisations, sanctions, agreements, consents, and permissions to use and authorize MAXXAN to use any and all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;

2.                   you have the written consent, authorisation, grant, approval, acceptance, sanction, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and

3.                   you irrevocably agree and undertake to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Application.

E.                          You hereby grant, and you represent and warrant that you have the necessary licenses, rights, authorisations, sanctions, agreements, consents, and permissions to grant to MAXXAN a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Application and MAXXAN’s (and its permitted assigns’ and successor's) business operations, including but not limited for the promotion, marketing, advertising and redistribution of any part or all of the Application (and any derivative works in any media formats and through any social and media platform).

F.                           You also hereby grant each user of the Application a non-exclusive license to access your Submitted Content through the Application, and to read and use, such Submitted Content as permitted through the functionality of the Application subject always under these Terms and Conditions.

DISCLAIMERS AND RIGHTS TO REMOVAL OF DATA

A.                         MAXXAN does not in any way or manner whatsoever endorse, approve and support any Submitted Content or any opinion, recommendation, or advice provided by any users and MAXXAN hereby irrevocably disclaims all and any of such liability(ies) arising from and in relation to all Submitted Content.

B.                          MAXXAN does not permit, endorse, approve, support, sanction, authorise any manner of copyright infringing activities and infringement of intellectual property rights activities appearing on the Application, and MAXXAN hereby expressly state that it will remove any and all such Data or Submitted Content in its absolute discretion as it deems fit and proper from time to time, upon being notified and/or having reasonable reason(s) to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. MAXXAN may take any action(s) or step(s) it deems fit and proper and in its sole discretion against such infringer.

C.                         MAXXAN reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.

D.                         You acknowledge and understand that when using the Application, you will be exposed to Submitted Content:

1.                   from a variety of sources and that MAXXAN shall not be held responsible for the accuracy, usefulness, safety, or intellectual property rights arising from or relating to such Submitted Content; and

2.                   that is or may be inaccurate, offensive, indecent, or objectionable, and you hereby irrevocably agree to and hereby waive any legal or equitable rights or remedies you have or may have against MAXXAN, and agree to indemnify and hold MAXXAN, MAXXAN’s Agents, its owners, representatives, directors, members, managers, operators, directors, officers, agents, attorneys, affiliates, employees, workers, licensors and/or any other such person(s) in relation thereof, harmless to the fullest extent allowed by law regarding all matters related to your use of the Application.

E.                          You shall be solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Application users. You irrevocably understand, undertake and hereby agree that MAXXAN may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Application users or others.

PROFESSIONAL PERSON(S)

A.                          If you are an individual or a company using the Application and / or have register as a Professional Person, you hereby irrevocably undertake, represent and warrant that you have the authority to bind the individual and / or company that is responsible for and operates the business as a Professional Person and your acceptance of these Terms and Conditions will be deemed an acceptance by that Professional Person and shall formed a legal binding relationship between parties upon such terms. Further to the above, you hereby irrevocably undertake, agree, consent and covenant to MAXXAN that you are agreeable for MAXXAN to promote, market, advertise, utilise, operate, apply and/or use the trademark, business mark, business name, trade name, logo, design, artwork, framework, emblem, symbol, sign, figure, stamp, seal, layout, pattern, style and any form of mark relating to the foregoing in relation to your business for the purpose of marketing, promoting, advertising, retailing the Application.

B.                          By signing up, registering or creating an User Account on the Application as a Professional Person, you hereby undertake, agree and undertake to comply and at all material times provide true and accurate answers towards any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Service.

C.                          Professional Person shall not: -

1.                        register or list on the Application in a category of Service which they are not offering or that is irrelevant to or inappropriate for the Service they are offering;

2.                        induce to believe, make reference, include or attempt to include any third party brand names or other inappropriate keywords in their Profile, title or any posting, messages or submission made in or through the Application;

3.                        misrepresent (whether by intention or otherwise) the location(s) at which they will provide a Service;

4.                        add, insert, append, comprise or include any information in their Profile that is fraudulent or otherwise incorrect;

5.                        carry, use and utilise (whether in whole or part of) any misleading titles, words or phrases that do not accurately describe the Service they provide;

6.                        regulate, organise and/or conduct fraud, misrepresentation or misconduct (whether by intention or otherwise) on any promotions, events, programs or partnerships which MAXXAN may conduct;

7.                        do anything (whether by intention or otherwise) to circumvent or avoid any fees that MAXXAN may charge;

8.                        solicit Service Users or any person to pay or do anything not specifically permitted by these Terms of Use or by MAXXAN as it may in its sole discretion determine from time to time;

9.                        commence any actions, claims, demands, suits, proceedings, tribunal actions and any such matters arising from the disputes as a result of any usage of your business’ trademark, business mark, business name, trade name, logo, design, artwork, framework, emblem, symbol, sign, figure, stamp, seal, layout, pattern, style and any form of mark relating to the foregoing in relation to your business throughout any marketing, promoting, advertising, retailing of the Application carried out by MAXXAN;

10.                    offer, provide, attempt or solicit any Service or do anything that contravenes these Terms and Conditions, the Personal Data Protection Policy and/or any legislation, laws, by-laws, regulations, sub-regulations, directives, orders by any competent authorities; and

11.                    use their Profile or the Application for promoting (i) products or goods; (ii) Services which are not offered by the Professional Person through the Application; (iii) Services which are not a recognised category on the Application; (iv) any website, service, product, party or any matter, service(s) or item(s) not directly related to their Service or otherwise prohibited by MAXXAN in its sole discretion from time to time; or (iv) any services that may be prohibited under law.

SERVICE USER

A.                         Service User(s) hereby undertake, covenant and represent that it shall not in any way whatsoever at any material time: -

1.                        Enter in agreement to purchase, enjoy, employ, utilise or using any of the Service with no intention of any remuneration paid over for such Service;

2.                        sign up, request, solicit or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes, general surveying or fishing expeditions; or (iii) any other non-personal use;

3.                        to agree to purchase a Service when (i) you deliberately know and/or have reasonable reason(s) to believe or have been put on notice that you do not meet the Professional Person's terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.

B.                         As a Service User, you are always encouraged to exercise due care, reasonable and independent judgement based solely on your own discretion and absolute care in your judgment to hire and/or engagement any Professional Person.

NON ABSOLUTE CONFIDENTIALITY

Without prejudice to the Personal Data Protection Policy, you hereby consent, acknowledge and agree that MAXXAN does not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your Profile or information conveyed, posted or shared by you, that is hosted and / or published on the Applicant.

TERMINATION

A.                         MAXXAN reserves the absolute right at any time as it deems fit and proper and from time to time to modify, alter, enhance, change, termination or discontinue, temporarily or permanently, the Application or any part thereof with or without notice. You agree that MAXXAN shall not be held liable in any way whatsoever to you or to any third party for any modification, suspension or discontinuance of MAXXAN’s services.

B.                         You hereby undertake, acknowledge and agree that MAXXAN in its sole and absolute discretion has the right but not the obligation to delete, terminate, remove and/or deactivate your Account, block your email or IP address, cancel the Application or otherwise terminate your access to or participation in the use of the Application or any part thereof, or remove and discard any Submitted Content on the Application immediately and without notice and for any reason whatsoever which is may but is not obliged to disclose.

C.                         Upon termination of your Account, your right to participate in the Application in any way shall automatically terminate and lapse.

D.                         Upon termination the following shall occur: -

1.                        all licenses granted to you will immediately terminate and lapse and you are prohibited to use any of such license in any way whatsoever;

2.                        your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, such residual data may remain in the MAXXAN’s system;

3.                        all related licenses you have granted MAXXAN hereunder shall remain in effect for the foregoing purpose. In no event is MAXXAN obligated to return any Submitted Content to you. All terms and conditions and rights in favour of MAXXAN shall survive such termination and remain in the full benefit of MAXXAN; and

4.                        MAXXAN shall not be liable to you or any third party for any termination of your access to the Application. MAXXAN retains the right to use any data collected from your use of the Application.

E.                          You agree to indemnify and hold MAXXAN, MAXXAN’s Agents, its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.

INTELLECTUAL PROPERTY RIGHTS

A.                         The content on the Application (exclusive of all Submitted Content), including without limitation, the text, designs, audio clips, visual clips, recordings, software, scripts, graphics, photos, pictures, sounds, music, songs, videos, interactive features and the like ("Data") and the trademarks, trade name, designs, service marks and logos contained therein ("Marks"), are owned by MAXXAN or a related companies and/or subsidiaries of MAXXAN (“Group”), subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Data and / or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and MAXXAN or the Group owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Application are the property of their respective owners.

B.                          Data on the Application is provided to you for your information and personal use only and may not be used, copied, transferred, assigned, reproduced, distributed, marketed, listed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

C.                         MAXXAN or the Group reserves all rights not expressly granted in and to the Application and the Data. You hereby irrevocably agree and undertake not to use, copy, market, transfer, assign, operate, apply, exploit or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data therein.

DISPUTES

A.                          You hereby undertake and acknowledge that all and any interactions with other users, whether individuals, companies and/or organizations and whether Professional Person or Service Users, found on or through the Application, including payment of and performance of any Service, and any other terms, conditions, undertakings, covenants, warranties or representations associated with such transactions, matters, affairs or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.

B.                           You understand and acknowledge that deciding whether to: -

1.                     use the Services of a Professional Person and/or or any party advertising themselves vide the Application for offering and/or rendering any services and/or products;

2.     provide Services to a Service User; or

3.     use information contained in any Submitted Content,

it is at all material times your personal decision, for which you alone are solely be held responsible against any liabilities arising thereof. You hereby irrevocably acknowledge and understand that MAXXAN does not and cannot make representations and warranties as to the suitability of any user you may decide to interact with on or through the Application and/or the accuracy or suitability of any advice, information, or recommendations made by any user.

C.                         Should there arise any dispute(s) between you and a Service User, Professional Person and/or any other third party or user in relation to the Application, such dispute shall be resolved solely between you and such Service User, Professional Person and/or any such third party or user, as the case may be, and in no event and situation that MAXXAN shall have or hold any responsibility, liability or obligation in relation thereof.

D.                         It is hereby agreed and consent between parties that notwithstanding the foregoing, you irrevocably agreed and undertake that MAXAN is not privy and shall not be held responsible and/or liable towards any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions and any such matters arising from the disputes as a result of any such transaction, dealing or affair. Should there be any dispute(s) between users on the Application or between users and any other third parties, you hereby irrevocably acknowledge, agree and consent that MAXXAN is under no such obligation(s) and/or responsibilities as a party to such disputes, as the case may be. In the event that a dispute arises between you and one of or more users or any third party, you hereby irrevocably undertake, covenant and consent that to release MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN from all and any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions and any such matters and any kind of nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Application or any other services provided thereunder.

MARKETING EVENTS, ADVERTISEMENTS, COMMERCIAL ANNOUNCEMENTS AND EXTERNAL LINKS

A.                           Certain aspects and functions of the Application and other MAXXAN services may be supported by advertising revenue. As such, MAXXAN may display advertisements, marketing events, commercial announcements, displays and promotions on the service. The manner, mode and extent of advertising undertake by MAXXAN on the Application are subject to change and the appearance of advertisements on the Application and does not necessarily imply endorsement by MAXXAN of any such advertised products or services. You hereby irrevocably consent, acknowledge and agree that MAXXAN is not privy shall not be held in any way whatsoever responsible and/or liable over and for any losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Application.

B.                           The Application may at its discretion provide and furnish or third parties may provide and furnish such links, contact forms and/or phone numbers to other websites, links, webpages or resources, including but not limited to social networking, blogging and similar websites through which you are able to log into the Application using your existing account and log-in credentials for such third-party websites. You hereby irrevocably consent, acknowledge and agree that MAXXAN is not responsible and shall not held responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Save and except expressly stated on the Application, links to third-party sites should in no way be considered as or interpreted to be MAXXAN's endorsement of such third-party sites or any product or service offered through them. As such, you are strongly advised to study, read and understand the relevant policy(ies) posted on those other websites in order to understand the procedures to those websites.

C.                           We do not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a thirdparty website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.

D.                          You further irrevocably consent, undertake, acknowledge and agree that MAXXAN shall not be responsible or liable, directly or indirectly, for losses, damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Application, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also irrevocably undertake, understand, consent and acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Application, and you accept all responsibility thereof. Your dealings and communications through the Application with any party other than MAXXAN are solely between you and such third party and should there be any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

GENERAL INDEMNITIES AND LIMITATION OF LIABILITIES

A.                         You hereby irrevocably and expressly understand, consent, agree and acknowledge that any usage of the Application is at your sole risk and expense. MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN shall make no warranties, representations and/or covenants (whether express or implied) arising or resulting from or under and in relation with the Application and from your use or inability to use thereof including but not limited to: -

1.                    The accuracy, completeness, merchantability, satisfactory quality, uninterrupted and/or error-free service(s) or operation(s), continuity and availability of service(s) or operation, compatibility and usability with third party or such other service(s), fitness for a particular purpose, quiet enjoyment and non-infringement of third party rights of the Application or any services that MAXXAN provides;

2.                    Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Application (whether by MAXXAN or any other third party through the Application);

3.                    Any unauthorised access to or use of the Application or MAXXAN’s servers, data and/or information;

4.                    Any cessation, termination, omission or disturbance of the transmission to or from the Application;

5.                    Any computer viruses, worms, Trojan horses and/or other malwares or by trespass or burdening network capacity whether transmitted to or through the Application whether due to the actions of any third parties or otherwise;

6.                    Any transaction or transmission between you and any third party provider of products, goods and/or services of any kind in any medium whatsoever;

7.                    Any harassment, abuse, stalking, threatening, defamatory, offensive, libel, smear, slander, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of Applicant or otherwise.

B.                         You hereby expressly consent, acknowledge and agree that to the fullest extent permitted by law, in no event shall MAXXAN and its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN be held in any way whatsoever responsible and/or liable over and for any losses or injury (in any form whatsoever including but not limited to loss of profits, corruption or loss of Data, failure in transmission of Data or business interruption regardless of the liability in contracts, torts or otherwise), damages (may it be actual and/or consequential), liabilities, actions, claims, demands, suits, proceedings, tribunal actions or of any sort incurred by you as a result of and arising from or under and in connection with the Application and from your use or inability to use thereof, including without limitation to the followings:-

1.                    The accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error free service(s) or operation, continuity and availability of service(s) or operation, compatibility and usability with third party or such other services, quiet enjoyment and non-infringement of third party right of the Application;

2.                    Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Application (whether by MAXXAN or any other third party through the Application);

3.                    Any unauthorised access to or use of the Application or MAXXAN’s servers, data and/or information;

4.                    Any cessation, termination, omission or disturbance of the transmission to or from the Application;

5.                    Any computer viruses, worms, Trojan horses and/or other malwares or by trespass or burdening network capacity whether transmitted to or through the Application whether due to the actions of any third parties or otherwise;

6.                    Any transaction or transmission between you and any third party provider of products, goods and/or services of any kind in any medium whatsoever;

7.                    Any harassment, abuse, stalking, threatening, defamatory, offensive, libel, smear, slander, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of Applicant or otherwise.

C.                         You hereby irrevocably agree, consent and undertake to indemnify and hold harmless to the fullest extent allowed by the law MAXXAN, MAXXAN’s Agents, its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN against all and any claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your usage of the Application, your breach and/or violation of any terms of these Terms and Conditions, your breach and/or violation of any third party rights of any nature whatsoever, including but not limited to any copyrights, trademarks, intellectual property rights, property and/or tortious rights.

FEES AND TAXES (IF APPLICABLE)

A.                          MAXXAN reserves the right at its sole discretion to charge, apply, levy fees and charges to Service Users and / or Professional Person for the Additional Services and the use of the Application, including but not limited to fees and charges for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through MAXXAN. MAXXAN reserves the right to charge fees and charges for such facilities at its sole discretion and by using the Application of which you hereby irrevocably undertake, consent and agree to pay any such fees and charges as MAXXAN may notify to you and prescribe from time to time.

B.                           MAXXAN through the Application acts merely and mainly as an online platform for Service Users to connect with Professional Person for the purposes of transacting to respectively receive and provide Services. MAXXAN is not itself a Professional Person or a Service User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Professional Person to any Service User. You hereby understand, undertake, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.

C.                          Any fees that MAXXAN may charge the Professional Person are due immediately and are refundable provided the Users and Professional Person have satisfactorily completed MAXXAN's cancellation and refund process which apply to selected Services only. The Professional Person and Users hereby irrevocably authorise and permit MAXXAN to collect fees on their behalf (if necessary and if applicable). Fees for Services rendered excluding the software usage fee shall be released to the Professional Person within 10 days from the date fees are received by MAXXAN.

D.                          Professional Person hereby irrevocably consent, agree and acknowledge that the total amount of fees and charges paid to the Professional Person by the Users including but not limited to the software usage fee shall be retained by MAXXAN and shall only be released to the Professional Person within 10 days from the day of the receipt of such sum (save and expect always to any refund and cancellation process). Such software usage fee shall be determined by MAXXAN at its sole discretion as it deems fit and proper, from time to time.

E.                           MAXXAN may without any obligations whatsoever, at its sole discretion, make promotional offers, activities and/or programs with different features and different rates to any of the Professional Person or Users whereby these promotional offers, activities and/or programs shall accordingly be honored by you. MAXXAN may determine, alter, amend, replace and change the fee as MAXXAN deems fit and proper from time to time in its absolute discretion as necessary or appropriate for the business.

F.                           Users may choose to pay for the Services by the following methods and manner, the details of which are as follows: -

1.                    PayPal which allows your payment to be done via credit or debit card;

2.                    Interbank GIRO (IBG) Bank transfer;

3.                    A third party payment gateway;

4.                    Instant (real time) Transfer made via local/Malaysian bank/financial institution (recognised by the Bank Negara Malaysia); and

5.                    By cash,

y ou are required to give the exact title of the payment, which is displayed after clicking on the “PAY” button on the Application, without any alterations. The Application and/or MAXXAN or any other party through this Application is not liable for any consequences of incorrect giving of title of payment by you.

G.                          In the event should you opt to make any payments vide a interbank GIRO (IBG) and/or Instant (real time) Transfer made via local/Malaysian bank/ financial institution (recognised by the Bank Negara Malaysia), you are solely liable to ensure at all material times that all payment details are correct and consistent with the relevant details and once payment of the same is made, you are also required to email to MAXXAN at [Technical.maxxan@gmail.com] of the proof of payment and/or receipt of payment and/or acknowledgement of payment from the bank/ financial institution.

H.                          All cost and expense (including but not limited to costs of cross-border money transfer) are to be borne solely by you and in the event that the Users choose to pay for the Services by credit/debut card, all payments due to Professional Person for the Services will be transmitted to Professional Person in the agreed quantum within 10 days from the date MAXXAN receipt of such payment.

I.                             MAXXAN reserve its rights to suspend the processing of any transaction wherein MAXXAN reasonably believes that the said transaction may be fraudulent, illegal or involves any criminal activity or where it reasonably believes the Users and Professional Person to be in breach of the Terms and Conditions between the Professional Person and Users and MAXXAN. Should such event arise, you hereby irrevocably undertake, consent and acknowledge that you shall not in any way whatsoever hold MAXXAN and/or its directors, managers, officers, members, employees, attorneys, agents, representatives, permitted-assigns, successors in rights and equity and any other such person(s) and/or companies in relation to MAXXAN liable for any withholding of, delay in, suspension of and/or cancellation of, any payment to you.

J.                            You hereby consent, undertake and agree that you will cooperate in your best capacity and at your best endeavours in relation to any criminal investigation that is required and to assist MAXXAN in complying with any internal investigations, instructions from the authorities and/or any such other requirements by the prevailing laws or regulations currently in force.

NO PARTNERSHIP, NO AGENT-PRINCIPAL RELATIONSHIP

A.                          You hereby irrevocably undertake, acknowledge, consent and agree that in no way whatsoever in any circumstance that MAXXAN is a party to any agreement (may it be oral, written or otherwise) for any Service or any agreement and/or contract entered into between Service Users and Professional Person in connection with any Service offered, directly or indirectly, through the Application.

B.                           No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and/or your use of the Application (whether in whole or in part thereof). MAXXAN is not privy and shall not be held binding in any aspect whatsoever in relation to any of the agreement and/or contract entered into between Service Users and Professional Person in connection with any Service offered, directly or indirectly, through the Application. All Professional Person are independent and not under the supervision, management and/or control of MAXXAN. As such, neither MAXXAN nor any users of the Application may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

ENTIRE AGREEMENT

These Terms and Conditions, together with the Personal Data Protection Policy and any other additional policies published by MAXXAN on the Application, shall constitute the entire agreement between you and MAXXAN concerning the Application.

PARTIAL INVALIDITY

If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal for the operation of law, the other provisions shall continue in full force and effect.

JURISDICTION AND GOVERNING LAW

These Terms and Conditions are governed by and shall be interpreted in accordance with the governing laws of Malaysia and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the courts of Malaysia will have non-exclusive jurisdiction over such dispute and the interpretation of issues.

FORCE MAJEURE

The Application and MAXXAN shall not be liable for any performance failure, delay in performance, or lost data to the extent said failures or delays are proximately caused by (a) natural weather events, (b) war; or (c) any other causes beyond that MAXXAN’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, agents, distributors, contractors, subcontractors, agents, independent individuals and carriers to substantially meet its performance obligations herein stated, provided that in any such event, as a condition to the claim of non-liability, the Party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.

COMPLAINTS PROCEDURE

If you have any queries and/or complaints about this Application or the Professional Person or the Users or the Service(s) listed on this Application (save and except issues relating to a third party beyond MAXXAN’s control and subject always to the foregoing clauses), please do not hesitate to contact our team at [Technical.maxxan@gmail.com] and our team will contact you to resolve the issue in due course.

Date of issuance     : 28/9/2021

This Policy shall be effective as of 28 September 2021.