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Terms of Services

1. Terms

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  1. POLYGON PROPERTIES MANAGEMENT SDN. BHD. (Company No. 1327479-T) (“Polygon Properties Management”) is the owner and operator of https://www.polygonpropertiesmgt.com/ (“the Website”) and on which the Terms of service are posted (“the terms of services”). All references to “we”, “us” and/or “our” in the terms of services herein contained shall refer to Polygon Properties Management and all references “you” shall refer to the User.

  2. By accessing the Website, you are agreeing to be bound by these terms of services, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

  3. Subject to any written agreements made between you and Polygon Properties Management, the terms of services together with the Privacy Policy and any and all other notices or additional conditions or policies published by Polygon Properties Management from time to time on the Website shall constitute the sole and entire agreement and contract between you and Polygon Properties Management on the use of the Website.

  4. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright, trademark and other intellectual property laws.

 

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2. Use License

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1. Non-exclusive and revocable license is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;

  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  • attempt to decompile or reverse engineer any software contained on the Website;

  • remove any copyright or other proprietary notations from the materials; or

  • transfer the materials to another person or “mirror” the materials on any other server.

2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Polygon Properties Management at any time. Upon terminating your viewing of these materials or upon the termination of this license, you shall destroy any downloaded materials in your possession whether in electronic or printed format.

3. You hereby expressly and irrevocably represent, warrant and covenant with Polygon Properties Management that at all times, you have all requisite rights, title, power, authority, interest, consents, licenses and all permits whatever that are necessary or required:

  • to provide Polygon Properties Management with the information, material or any uploaded data and you shall not infringe and/or violate any agreement or obligation to which you are bound under any agreements, contracts, applicable laws, rules and/or regulations; and

  • to operate, manage and enter into any transactions with any Polygon Properties Management and/or third party(ies) through the Website and hereby provide Polygon Properties Management with the authority to collect any monies from you on your behalf and shall hold Polygon Properties Management harmless against any claims for losses or damages whatsoever caused.

4. You agree that Polygon Properties Management reserve the absolute right and without any liability whatsoever to you, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate and/or cancel your account in the Website (including but not limited to the circumstances stated below) and claim for any losses and/or damages incurred or suffered by Polygon Properties Management attributable to you:

  • interfere with and/or damage the Website;

  • disabilities and/or disqualification under any law which prohibit you and/or restrict your rights to enter into a valid contract and to create legally binding obligations for any liabilities which you may incur as a result of the use of the Website;

  • use the Website for any purpose which is illegal, unlawful, immoral, unethical and/or prohibited by these terms of services or by law;

  • infringe the rights of any person or entity, including but without limitation to their intellectual property, privacy, publicity and/or contractual rights;

  • unauthorised replication or use of any information contained on the Website

  • providing untrue and/or inaccurate personal data in the Website;

  • distribution, uploading, publishing and/or posting of any unsolicited advertisement; and

  • harass any users or recruit and/or solicit any users of the Website to join and/or procure the service of any third party.

 

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3. Disclaimer

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1. The materials on the Website are provided on an ‘as is’ basis. Polygon Properties Management make no warranties, expressed or implied, and hereby, to the fullest extent permitted by law, disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

2. Further, Polygon Properties Management does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to this site.

 

 

4. Limitations

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1. In no event shall Polygon Properties Management, our directors, our employees, our agents, our affiliates and/or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, business interruption, loss of profits or loss of monies, whether based in contract, tort, equity, strict liability, statute or otherwise) arising out of the use or inability to use the materials on the Website, even if Polygon Properties Management or a Polygon Properties Management authorized representative has been notified orally or in writing of the possibility of such damage.

2. You expressly and irrevocably agree, covenant and undertake to indemnify us and keep us fully indemnified from and against all claims made against us and/or all losses and damages suffered by us including loss of profits and all primary losses and expenses arising from a breach of any of your representations and/or warranties and/or a breach of any of the terms of services herein.

 

5. Payment

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1. You may make payment of any monies to Polygon Properties Management via any of the following modes of payment :-

  • online banking;

  • the transaction shall be payable in Ringgit Malaysia.

  • Polygon Properties Management may refuse this payment option service to you for any reason at any time.

2. credit / debit card;

  • Polygon Properties Management accepts Visa and MasterCard’s credit / debit cards.

  • additional charges may be incurred you are using a non-Malaysian issued card due to foreign exchange rates.

  • Polygon Properties Management may accept instalment payments via credit / debit card issued by instalment payment partner banks.

  • credit / debit card instalments may be charged a processing fee prescribed by the relevant instalment payment partner banks. This fee shall not be refundable, even if the purchase transaction is terminated, regardless of the reason of termination.

  • in the event of cancellation of your credit / debit card account, any unpaid portion of the price of the relevant transaction shall become immediately due and payable.

3. Cash or cheque; and

You hereby acknowledged the risk of making offline payment and shall not hold Polygon Properties Management liable for any losses or damages arising from making such offline payment.

4. Such other mode of payments authorised by Polygon Properties Management

5. Buyer acknowledge that Polygon Properties Management is entitled to collect payments from you on behalf of third party(ies).

6. Upon receipt of any monies, Polygon Properties Management will provide their payment acknowledgement or payment acceptance notification to the User or the relevant third party for confirmation of the transaction.

7. Notwithstanding the foregoing, Polygon Properties Management shall not be deemed to be a party to any agreement unless expressly allowed Polygon Properties Management in writing and you may be required to enter into a definitive agreement with any third party and you shall be responsible for such negotiation and finalization of the terms and conditions with the third party.

8. Polygon Properties Management shall not be involved in any request for refund and you shall seek any third party(ies) for the refund and in the event that Polygon Properties Management are holding any monies as stakeholders, Polygon Properties Management shall only release any such monies according to the terms and conditions between the third party(ies) and you without any obligation to you and/or the third party(ies). For the avoidance of doubt, the third party stated shall include the owner(s), the landlord(s), the real estate negotiator(s), the real estate agency(ies) and other party(ies) whom you have dealt with via the Website.

 

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6. Links

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Polygon Properties Management has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Polygon Properties Management of the site. Use of any such linked website is at your own risk.

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7. Notices

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1. Unless otherwise specified herein, all notifications, reminders, confirmation or other communications issued to you shall be deemed to have been delivered in the case of email when Polygon Properties Management’ system shows that the email has been delivered to your registered email address as stated in your account with no failed delivery notification has been received by Polygon Properties Management.

2. Polygon Properties Management shall not be responsible for any failure or delay in sending notifications or reminders to you and you shall be responsible to log in to your account registered with Polygon Properties Management to check for all message(s) or notification(s).

 

8. Severability

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the event that any one or more of the provisions contained in these terms of services shall for any reason be held to be unenforceable illegal or otherwise invalid in any respect under the laws governing these terms of services or its performance, such unenforceability illegality or invalidity shall not affect any other provisions of these terms of services and it shall then be construed as if such unenforceable illegal or invalid provisions had never been contained herein.

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9. Modifications

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1. Polygon Properties Management may revise these terms of services for the Website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of services.

2. The materials appearing on the Website could include technical, typographical, or photographic errors. Polygon Properties Management does not warrant that any of the materials on the Website are accurate, complete or current. Polygon Properties Management may make changes to the materials contained on the Website at any time without notice. However, Polygon Properties Management does not make any commitment to update the materials.

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10. Force Majeure

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Neither party will be responsible for a failure to fulfill its obligations under these terms of services or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.

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11. Governing Law

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These terms and conditions are governed by and construed in accordance with the laws of Malaysia and you irrevocably submit to the exclusive jurisdiction of the courts in that state or location.

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