Terms of Purchase

1. TERMS APPLICABLE TO ALL PURCHASES

1.1 General

1.1.1 By purchasing, accessing or using any Product (defined below) from Nextrent.my, as applicable (each defined below), You (defined below) conclude a legally binding agreement with Us, which consists of:

(a) the Sales Order (defined below);

(b) these Terms of Purchase (defined below), including this Section 1 (Terms Applicable to All Purchases), together with the specific terms that apply to the type of Product You have purchased, as set out in the relevant section(s) below referring specifically to that Product;

(c) the terms and conditions of Our Terms of Service, Privacy Policy and Acceptable Use Policy and Advertisement and Content Guidelines (defined below) applicable to the Product You have Purchased (defined below); and

(d) any other terms and conditions that Nextrent.my, as applicable, may specify in writing as applicable to the Purchase of certain Products (including, without limitation, any terms and conditions published on the Platform,

(together, the “Terms”).

1.1.2 You accept without limitation or qualification, and agree to comply with, the Terms at all times.

1.1.3 In the event of any inconsistency among the Terms, unless stated otherwise in writing, the Terms shall apply in the order of precedence set forth in Section 1.1.1 above

1.1.4 Nextrent.my, as applicable, may amend the Terms at any time without notice to You. The amended Terms will be made available on the Platform. Such amended Terms shall be effective from the date so indicated by Us. You are advised to check for amendments to the Terms regularly, prior to using any Products, or entering into any transaction on the Platform or with Nextrent.my, as applicable. You expressly waive any right to receive specific notification of such amendments or updates by email or any other form of communication. Your continued use of the Platform and/or any Product following the posting of any amendments on the Platform shall constitute Your agreement to the amended Terms.

1.1.5 The Terms constitute the entire agreement between Nextrent.my, as applicable, and You in relation to their subject matter and supersede any prior agreements, discussions, representations and undertakings between the parties (whether written or oral).

1.1.6 Except as expressly set out in the Terms, any person not a party to the Terms shall acquire no rights whatsoever.

1.2 Definitions

1.2.1 In these Terms of Purchase, unless the context otherwise requires:
“Advertisement” or “Listing” means any listing or advertisement material placed by You or on Your behalf through Nextrent.my on the Platform or any other online or offline medium (including a Newsletter) that advertises real estate property (residential or commercial), property developments, corporate branding, Your services as a real estate sales person and/or any other services or products that Nextrent.my may allow You to advertise or promote from time to time. For the avoidance of doubt, “Advertisement” and “Listing” shall include any advertisement, listing or content You authorise or request Nextrent.my (in writing or verbally) to publish or upload on Your behalf using material from Your website or material that You have provided to Nextrent.my or directed Nextrent.my to use;

“Advertising Services” shall have the meaning ascribed to it in Section 3;

“Confidential Information” means all information which is expressly marked as confidential or which is manifestly of a confidential nature or which is confirmed in writing to be confidential within seven (7) days of its disclosure, including without limitation confidential information contained or embodied in the Products and the Product Materials, all confidential information conveyed to You by training, the business structure, financial model, pricing policy, marketing strategies, customer and employee details and the Intellectual Property Rights of Nextrent.my, as applicable;

“Content” means the content and material of an Advertisement and any other content and instructions provided by You to Nextrent.my that are reasonably required by Nextrent.my in order to publish Your Advertisement or enable You to use or access the Products. For the avoidance of doubt, Content shall include (without limitation) Content uploaded to the Platform and disseminated via EDM or SMS campaigns;

“Customer Content” shall have the meaning ascribed to it in Section 4.3;

“Data Supplier” means the source and/or supplier of any data or information used, adopted, collected and processed by Us for purpose of the Products including without limitation any public records or real estate regulatory authorities (e.g. Pusat Maklumat Harta Tanah Negara (NAPIC), Jabatan Pernilaian dan Perkhidmatan Harta (JPPH));

“EDM” means any electronic direct mailer service provided by Nextrent.my;

“EDM and SMS Campaign Services” shall have the meaning ascribed to it in Section 5.1;

“HDCLA” means the Housing Development (Control and Licensing) Act 1966;

“Intellectual Property Rights” means all intellectual property rights (throughout the universe, all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, whether or not perfected or registered, including without limitation:

(a) all copyright applications, copyright registrations and synchronisation rights;
(b) rights associated with trademarks, service marks, trade names, logos and the application for registration and registrations of trademarks and service marks;
(c)rights relating to the protection of trade secrets and confidential information;
(d)rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and
(e)divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued or acquired.

“Marketing Content” shall have the meaning ascribed to it in Section 5.2;

“Newsletter” means any newsletter or announcement that Nextrent.my may make available through any online or offline medium from time to time;

“Platform” means the nextrent.my, desktop websites, mobile websites and mobile applications and any other website or platform owned and/or operated by NextProperty Ventures Sdn Bhd (1133951-M);

“Price” means monetary consideration in exchange for Product;

“Product” means any product, service, package or subscription (or a combination thereof) offered by Nextrent.my, as applicable, via its authorised sales agents or the Platform;

“Product Material Claims” shall have the meaning ascribed to it in Section 6.10;

“Product Materials” means any results, output or any information produced from the use of the Research Data, including without limitation, any current or historical data, research, opinion, comparison, valuation method, assumptions, predictions, conditions, analysis and other data and information as may be contained therein;

“Nextrent.my” means NextProperty Ventures Sdn Bhd (1133951-M) and, where the context so requires, shall include its affiliates, successors, licensees, assigns, officers, directors, shareholders, members, managers, employees and agents;

“Purchase” means the purchase, subscription, access and/or use of a Product from Nextrent.my, as applicable and “Purchased” shall be construed accordingly;

“Research Data” shall have the meaning ascribed to it in Section 6.1;

“Sales Order” means the sales order, invoice, quotation, email, document or electronic interface which You sign or otherwise indicate Your agreement to, for the purchase, subscription, access and/or use of the Products;

“Security Deposit” shall have the meaning ascribed to it in Section 6.4.1;

“Terms of Purchase” means all of the terms and conditions as set out herein;

“User Data” shall have the meaning ascribed to it in Section 6.9.1;

“VAEAA” means the Valuers, Appraisers, and Real Estate Agents Act 1981;

“VAEAR” means the Valuers, Appraisers, and Real Estate Agents Rules 1986;

“Validity Period” shall have the meaning ascribed to it in Section 1.3.2;

“We”, “Our” or “Us” means Nextrent.my, as the context may require;

“Webpage” shall have the meaning ascribed to it in Section 4.1;

“Website Creation Services” shall have the meaning ascribed to it in Section 4.1;

“You” or “Your” means the customer (i.e., the person or entity purchasing the Product and entering into the Terms with Nextrent.my as applicable).

1.2.2 In these Terms of Purchase, unless the context otherwise requires, any reference to:
(a) “including” shall be construed as “including without limitation” (and cognate expressions shall be construed similarly);
(b) Sections are to sections of these Terms of Purchase;
(c) persons include individuals, unincorporated bodies, companies and corporations;
(d) a provision of law is a reference to that provision as amended or re-enacted from time to time; and
(e) words importing the plural shall include the singular and vice versa.

1.3 Purchase of Product

1.3.1 All Products must be Purchased either through the Platform, or via an authorised sales agent of Nextrent.my, as applicable. For the avoidance of doubt, the Terms shall apply to Purchases made both via the Platform and Our authorised sales agents. You further acknowledge that the Products may include various forms of communication from us, including emails, messages, newsletters and other service announcements.

1.3.2 You acknowledge and agree that, unless otherwise specified by Nextrent.my, as applicable, in writing, (a) any Product You purchase from Nextrent.my is valid for 6 months from the date of Purchase. There shall be no extensions to the Validity Period for any Products purchased under any circumstances whatsoever. Your Sales Order and the Terms shall automatically terminate upon expiration of the Validity Period or any renewals thereof. Upon expiry or termination of the Sales Order or the Terms, all Your rights and licenses (if applicable) with respect to the Products shall be terminated with immediate effect.

1.3.3 In the event that at the expiry of the Validity Period You have not fully utilised the Product(s) that You have purchased, You shall immediately and without notice forfeit the unutilised portion of such Product. Notwithstanding the forfeiture of any Product or part thereof, You shall remain liable for all Product fees and You shall not be entitled to any refund or compensation for any unutilised Product or part thereof from Nextrent.my, as applicable, as a result of such forfeiture. If You purchase another Product following expiry of the Validity Period for a previous Product, You understand that any unutilised or forfeited Product will not be carried over to any subsequent Product purchased by You from Nextrent.my, as applicable.

1.3.4 You shall be liable for all transactions conducted using the Product and You shall not use the Product in any way that adversely prejudices and/or harms Nextrent.my, their respective affiliates, officers, employees, agents, partners or customer.

1.3.5 The Product purchased by You is for Your use only and cannot be sold, assigned, or transferred to any other person. You shall not transfer, sublicense or assign any of Your rights and obligations under the Terms without the prior written consent of Nextrent.my, as applicable.

1.3.6 Products may not be exchanged for other Products in full or in part, unless otherwise specified by Nextrent.my, as applicable, in writing.

1.4 Price and Product revisions

1.4.1 Nextrent.my, as applicable, reserves the right to:

(a) revise the Price of any of its Products at any time and without prior notice to You;
(b) vary the types and quantities of add-ons, features, services and/or other Products that may be offered to You in addition and/or ancillary to Your Purchase of a particular Product at any time; and
(c) vary or discontinue any Product at any time without notice to You.

1.4.2 You shall not be subject to the revised price in the event that the revision occurs during the Validity Period of Your existing Product. The revised pricing shall apply when You subscribe for or purchase a new Product, or when You renew an existing Product after its Validity Period. Any revised pricing will apply at the end of the applicable month if the Product is purchased through a monthly subscription.

1.5 Payment and subscription renewals

1.5.1 You shall pay to Nextrent.my, as applicable, all fees and charges due and payable in connection with Your Purchase. You acknowledge that Nextrent.my, as applicable, is only obligated to activate or allow You to use Products upon Your acceptance and approval of the Terms and receipt by Nextrent.my, as applicable, of all fees and charges payable in connection with the Purchase being made.

1.5.2 If You shall adhere to (a) the payment method, (b) the payment frequency and (c) the payment due date set out in Your Sales Order, Nextrent.my, as applicable, shall not be held responsible or liable for any damage or loss suffered by You in connection with the required payment method.

1.5.3 If You are required to pay via cheque, You understand that proof of postage of the cheque is not proof of payment of fees. Fees are only deemed to be paid upon the cheque being cleared by any bank of choice of Nextrent.my, as applicable. Nextrent.my is not responsible for any loss of or damage to any cheque and You shall be liable to pay to Nextrent.my, as applicable, any administrative fees incurred by Nextrent.my, as applicable, in the event that the cheque does not clear for any reason whatsoever.

1.5.4 All Purchases must be supported by an invoice. Nextrent.my, as applicable, may send invoices to You by email or any other electronic method. Invoices are deemed to be received by You at the time of transmission in readable form. Any failure to receive an invoice does not relieve You of liability for payment of any fees. In the event that You have made the Purchase through an authorised sales agent of Nextrent.my, as applicable, please ensure that the authorised sales agent has issued You with an invoice upon making the necessary payment. Nextrent.my shall not entertain any claims that are not supported by an invoice.

1.5.5 In the event that any payment due to Nextrent.my, as applicable, is received subsequent to its due date, late payment interest shall accrue and be payable thereon before as well as after judgment at the rate of 8% per annum, or such other interest rate determined by Nextrent.my, as applicable, in its sole discretion, calculated on a daily basis from the date that payment is due until the date of actual receipt of such payment, including the interest thereto, by Nextrent.my, as applicable.

1.5.6 All fees are exclusive of tax. You shall be responsible for the payment of all applicable taxes, duties or levies in respect of Your Purchase at the rates and in the manner prescribed by law.

1.5.7 In the event that You fail to make payment of any fees due under the Terms, You acknowledge and agree that We shall be entitled to take such steps against You to recover any fees owed to Us including commencing legal proceedings against You for the recovery of the same. You agree to indemnify and hold Us harmless against all costs and expenses, including legal fees, which We may reasonably incur in the taking of such steps.

1.5.8 Nextrent.my may, from time to time, issue You credits (such as ad credits, re-listing credits, etc) that may, where applicable, be used to offset the fees payable for a certain Purchase. You will be notified by way of email to You, of the types of Products for which the credits may be used. Nextrent.my reserves the right to vary the pricing, quantity and type of credits that may be used to offset the fees payable for a certain Purchase in its sole discretion at any time during the Validity Period and such variation shall come into effect immediately and without prior notice and/or reference to You.

1.5.9 We reserve the right to charge at any time subscription fees for access to the Products or any part or content thereof or for the use of any special feature comprised therein.

1.6 Refund policy

1.6.1 Unless otherwise specified herein, any payment obligations herein are non-cancellable and there shall be no refund for any fees paid to Nextrent.my, as applicable.

1.6.2 You may cancel a subscription package within the first 7 days following the commencement of the subscription period, provided that You are a first time subscriber to a Nextrent.my subscription package, by notifying Nextrent.my in writing, specifying details of (i) the method of refund and (ii) details required for Nextrent.my to process the refund (including bank account number (if the refund will be processed by way of telegraphic transfer) or payee and method of postage (if the refund will be processed by way of cheque)).

1.6.3 Refunds will be paid by bank transfer to the bank account You have provided, or paid to You by way of cheque, which shall be sent to or collected by You. If You do not specify a method of postage, the cheque will be mailed to You via normal post. No refunds will be made for cancellations after the first 7 days of Your subscription or for optional add-ons or discretionary features, including credits.

1.6.4 You acknowledge and agree that:

(a) Nextrent.my shall not be responsible for any loss or damage incurred by You as a result of Nextrent.my’s inability to process a refund because of incorrect information provided by You; and
(b) Nextrent.my’s obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that You have provided. In the event that the refund is made by way of cheque, Nextrent.my’s obligation to You is fulfilled when the cheque is mailed or collected by You (as the case may be). In the event that You request for the cheque to be mailed to You via registered post or courier, You agree to Nextrent.my deducting from the refund such amount necessary for the cost of mailing the cheque to You using Your desired method of postage.

1.7 Your representations and warranties

1.7.1 You represent and warrant to us that at all times:

(a) You have read and agree to be bound by the Terms; and
(b) You are at least 18 years old or have the necessary legal capacity, right, power and authority to form a binding contract or agree to the Terms in order to access the Products.

1.8 Your obligations

1.8.1 You will comply with all Your obligations set out in the Terms.

1.8.2 You will comply with all applicable international and local laws, rules, regulations, standards, codes, orders, directives and guidelines.

1.8.3 You are solely responsible for the set-up and configuration of your computer system (hardware, equipment and software) to ensure that you have optimal access to the Products at all times.

1.8.4 You acknowledge that the transmission of information over the Internet and other network services is inherently insecure and We cannot guarantee the privacy or security of any information transmitted over the Internet and other network services. You should take the necessary security measures (such as changing Your password regularly) to protect such information and You shall use your best efforts to prevent unauthorised access to your account. You shall immediately notify Us if you discover any unauthorised use of your account, user ID and/or password or any other breach of security. You shall not use any third-party software, hacks, mods or any method whatsoever to access, crawl or collect any information or data from the Products. Neither shall You use any software that intercepts, “mines” or otherwise collect information from or through the Products.

1.8.5 We reserve the right to require You to reset your user password from time to time. We further reserve the right to audit and electronically monitor the number of accesses and the frequency and duration of Your activity with the Products and/or request information for You to submit.

1.8.6 We may also terminate Your subscription to the Products at such time as You acquire, are acquired by or merge with another entity which, in Our reasonable opinion, is Our competitor. You further agree to promptly notify Us in the event of such a merger or acquisition. In the event You acquire, are acquired by or merge with another entity, including an existing customer, separate terms must be negotiated to add or combine any user/user groups.

1.8.7 In the case where You are an individual, only You may access the Products using your username and password. In the case where You are a legal entity, only Your authorised representative may access the Products using Your username and password. You shall not share your account with a third party or transfer your account to a third party.

1.8.8 With respect to the Advertising Services, EDM and SMS Campaign Services, You shall ensure that all Content supplied by You to Nextrent.my:
(a) is not confidential, unlawful or fraudulent;
(b) has not been uploaded or provided for an improper purpose;
(c) does not contain any material that is, or could reasonably be expected to be, offensive, discriminatory, defamatory, obscene, threatening, abusive, indecent or otherwise unlawful, including content that is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(d) is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
(e) shall not be disparaging or prejudicial to or shall negatively affect Nextrent.my or its reputation, and/or exploit Nextrent.my’s business; and
(f) complies with Nextrent.my’s Acceptable Use Policy and the Advertisement and Content Guidelines.

1.9 Intellectual property

1.9.1 You expressly agree that these Terms shall not be deemed an agreement of sale and Nextrent.my, as applicable, retains all right, title and interest in the Products, the Product Materials, the Platform and the Newsletter, including all Intellectual Property Rights therein. Except as set forth in Section 8.1, You may not use any of Nextrent.my trademark without the prior written consent of Nextrent.my, as applicable. All other names, products and marks mentioned are the Intellectual Property Rights of their respective owners. All rights not expressly granted herein are reserved to Nextrent.my, as applicable.

1.9.2 You hereby grant to Nextrent.my, as applicable a non-exclusive and royalty-free license to use and adopt Your logo, trade name, brand name and trademarks for marketing, distribution and publicity purposes and this license survives the termination of the Terms.

1.9.3 The following provisions apply to the Purchase of any Advertising Services, EDM and SMS Campaign Services:
(a) Nothing in these Terms of Purchase shall be construed or deemed as granting or providing to You any right, license, interest or permission to use or deal with any of Our intellectual property in any way including the right to copy, transfer, publish, store or create derivative works or use the same, and the right to use any of Our intellectual property (including registered and unregistered trademarks and trade names) in an unauthorised manner.
(b) In consideration of us providing Products to You, You grant Us an irrevocable, perpetual, transferable, world-wide, royalty free licence to use, copy, commercialise, licence to third parties and adapt for any purpose related to Our business any Content or material You upload onto the Platform or otherwise provide to Us, and this licence survives termination of the Terms.

1.10 Indemnities and limitation of liability

1.10.1 You shall indemnify and hold harmless Nextrent.my and its affiliates and its and their respective directors, officers, employees, agents, contractors, third party service providers and partners from and against:

(a) any and all liabilities, actions, proceedings, claims, demands, costs and expenses (including legal expenses) arising out of or in connection with:
(i) Your use of any Product provided by Nextrent.myto You;
(ii) the Content and/or publication of Your Advertisement;
(iii) any content, material, product or service provided by You to Nextrent.my, to which members of the public (including users of the Platform) can access (including without limitation, any infringement of any patent, copyright, design, layout design, trade mark, trade secret or any other intellectual or industrial property rights, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices);
(iv) Your violation of the Terms;
(v) claims from third parties arising out of Your cancellation and/or termination of the Terms; and/or
(vi) any negligent act, omission or wilful conduct, misconduct or fraud of You, its officers, employees, agents, servants or independent contractors; and
(b) any claim of ownership of the Content, Products, Product Materials, elements thereof, or rights in respect of same which is adverse to the rights and claims of Nextrent.my hereunder.

1.10.2 For the avoidance of doubt, You shall also indemnify Us against any and all liability, loss, damage, costs and expenses which We or a third party may incur or suffer whether direct or consequential (including any economic loss or other loss of profits, business or goodwill) as a result of any dispute or contractual, tortious or other claims or proceedings brought against Us by a third party alleging infringement of its Intellectual Property Rights by reason of Your use or exploitation of the Products, the Product Materials and/or publication of the Content.

1.10.3 Each indemnity in these Terms of Purchase is a continuing obligation and survives termination of the Terms or expiry of any Validity Period.

1.10.4 Nextrent.my limits its liability for breach of any condition, warranty or guarantee that cannot be excluded to (at Our option) resupplying the relevant Product or paying the cost of having the Product resupplied. In no event shall the aggregate liability of Nextrent.my for any claims under or pursuant to the Terms exceed the aggregate fees actually paid by You to Nextrent.my, as applicable, for the preceding 12 month period at the point in time when the claim(s) is/are made against Nextrent.my, as applicable.

1.10.5 Notwithstanding any other provision in the Terms to the contrary and to the extent permitted by applicable law, under no circumstances shall Nextrent.my be liable for any direct, indirect, consequential or special loss or damage relating to (a) the content or the quality, or any error or omissions in the publication of any Advertisement; (b) disruptions or interruptions to the Internet that may affect Your Advertisement; (c) errors, delays or technological failures that may prevent Nextrent.my, as applicable from providing Products or related services or continuous operation of the Platform; (d) loss of Your data or Content; (e) damage, disruption or injury to Your Advertisement, webpage or website, or (f) any delay or failure in performance due to or caused by events beyond the reasonable control of Nextrent.my, as applicable, even if Nextrent.my, as applicable, was advised of the possibility of such damages or if such possibility was reasonably foreseeable.

1.10.6 Any claim or action of any nature whatsoever by You against Nextrent.my, as applicable, must be commenced within one (1) year after the date on which the cause of action arises, following which You shall have no further claim whatsoever against Nextrent.my.

1.11 Disclaimers

1.11.1 You expressly understand and agree that:

(a) Your use of any Product is at Your own risk. Products are provided by Nextrent.my, as applicable, on an “as is” basis. Nextrent.my expressly disclaims, to the extent permitted by law, all warranties and conditions, whether express or implied by statute, common law or otherwise, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement;

(b) Nextrent.my makes no warranty that:
(i) its Products will meet Your requirements;
(ii) its services will be uninterrupted, timely, secure and error-free;
(iii) its Products and services will be accessible at any time or at all times via the channel selected or used by You;
(iv) the quality of any Products, information or other material purchased or obtained by You from Nextrent.my, as applicable, will meet Your expectations;
(v) any errors in the Products or services of Nextrent.my, as applicable, will be corrected; and
(vi) the information and content provided on the Platform is complete, accurate or current.

1.11.2 For the avoidance of doubt, no advice or information, whether oral or written, obtained by You from Nextrent.my or any of their employees or agents shall create any condition, warranty or guarantee not expressly stated in the Terms.

1.12 Personal information

1.12.1 It is Your responsibility to ensure that Your personal information and contact details that You provide to us are true, accurate, current and complete at all times and that the email address and mobile number You provide to us are functioning and regularly monitored. You shall promptly advise us of any changes to Your personal information or contact details. We shall not be responsible for Your failure to receive invoices, Products or other information from Us if such failure is due to an error in the personal information or contact details that You have provided. We are not obliged to reissue, amend or cancel any Sales Order to correct errors or omissions in Your personal or billing information.

1.12.2 If You provide Us any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Products (or any part thereof).

1.12.3 You acknowledge that Nextrent.my, as applicable, may access, collect, use, process and disclose Your personal data (as defined under the Personal Data Protection Act 2010) or account information for the purposes for which it was collected, as set out in our Privacy Policy or if required to do so by law or if in our reasonable opinion such access preservation or disclosure is reasonably necessary to: (a) comply with legal process, court orders or requests from law enforcement or other government agencies; (b) enforce the Terms; (c) respond to Your requests for customer services or under Our Privacy Policy and (d) protect the rights, property and safety of Our users and the public. All personal data provided by You is subject to Our Privacy Policy.

1.12.4 Nextrent.my shall comply with applicable data protection laws relating to the collection, use, process, disclosure and retention of personal information.

1.12.5 You undertake that You will comply with all applicable data protection laws and will only collect, use, process, disclose and store personal information obtained through the Platform (including by users submitting enquiries on the Platform) for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about, unless advised otherwise by Us.

1.12.6 You acknowledge and agree that Nextrent.my, as applicable, may use Your name and photograph (if any) for the purposes of Our marketing, distribution and publicity activities. Following completion of any transaction between You and Nextrent.my, as applicable, Nextrent.my, as applicable, may use Your personal information for the purposes of publicising or sharing Our products and services to You or contacting You to obtain feedback unless You expressly notify Nextrent.my in writing via email to enquiry@nextrent.my, as applicable, that You no longer wish to receive such information on Our products and services or be contacted by Nextrent.my, as applicable.

1.13 Termination

1.13.1 Nextrent.my, as applicable, may immediately terminate Your Sales Order or the Terms, terminate or suspend Your access to all or part of the Products or remove any of Your Advertisements (if applicable) at Our own absolute discretion without prior notice, in any of the following circumstances:
(a) if You fail to pay any amount due to Nextrent.my, as applicable, under the Terms within 7 days after the due date;
(b) if You commit a breach of any of Your obligations under the Terms;
(c) if any of the representations or warranties You make pursuant to the Terms are incorrect (including the representations in Section 1.7 and Section 3.4 (if applicable));
(d) if required by any law or regulation, or by any enforcement or other government agency or regulatory authority;
(e) if You, or Your Advertisement (if applicable), infringe any Intellectual Property Rights of Nextrent.my or any third party;
(f) if you have engaged in any fraudulent, unlawful or illegal activities;
(g) if (i) You cease to carry on business, (ii) You are declared insolvent or bankrupt, (iii) You enter into or become the subject of any resolution, order or proceeding related to Your liquidation, insolvency or receivership, (iv) an administrator, receiver or administrative receiver is or is likely to be appointed in relation to You or any of Your assets, or (v) You enter into any arrangement or composition with or for the benefit of Your creditors;
(h) in the event of discontinuance or material modification to the Platform or our services or part thereof; or
(i) in the event of any unexpected technical or security issues.

1.13.2 In the event we Terminate Your Sales Order:
(a) Your access to the Product You have purchased shall be terminated;
(b) You shall forfeit all unutilised portions of the Product that You have purchased; and
(c) We shall be entitled in our sole discretion to delete Your account and all related information, passwords, files, and content associated with or inside such account.

1.13.3 In the event Nextrent.my, as applicable, exercises its right to terminate Your Sales Order/the Terms, terminate or suspend Your access to all or part of the Products, or remove any of Your Advertisements (if applicable), You shall remain liable for all charges and fees due to Nextrent.my, as applicable, including without limitation, all unpaid fees for the remaining period of Your subscription term (if applicable).

1.13.4 Nextrent.my, as applicable, shall be under no obligation to refund the whole or any part of any fees paid by You in advance in the event We exercise Our right to terminate Your Sales Order or the Terms or terminate, suspend or remove Your Advertisements (if applicable) pursuant to Section 1.13.1 and You shall not be entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of such termination, suspension or removal.

1.13.5 Termination of Your Sales Order or the Terms shall be without prejudice to any other rights or remedies Nextrent.my, as applicable, may be entitled to under Your Sales Order, the Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

1.14 Confidentiality of Information

1.14.1 You undertake to treat as confidential and keep secret all Confidential Information, provided that this clause shall not extend to information which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this clause).

1.14.2 You shall not without the prior written consent of Nextrent.my, as applicable, divulge any part of the Confidential Information to any person except to any regulatory authorities to the extent as may be required under any applicable laws or regulations.

1.14.3 You shall indemnify Nextrent.my, as applicable, against any loss or damage which Nextrent.my, as applicable, may sustain or incur as a result of You failing to comply with such undertaking in this Section 1.14.

1.14.4 You shall promptly notify Nextrent.my, as applicable, if You become aware of any breach of confidence by any person to whom You divulge any of the Confidential Information and shall give Nextrent.my, as applicable, all reasonable assistance in connection with any proceedings which Nextrent.my, as applicable, may institute against such person for breach of confidence.

1.14.5 The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding any expiry of the Validity Period or termination of the Terms.

1.15 Enforcement

1.15.1 The Terms shall be governed by and construed in accordance with the laws of Malaysia, and any claims or disputes of whatever nature shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.

1.15.2 Any failure by Nextrent.my, as applicable, to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. No waiver by Nextrent.my, as applicable, of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of the Terms.

1.15.3 Should any term, clause or provision hereof be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and the Terms will be amended to give effect to the eliminated provision to the maximum extent possible.

1.16 Force majeure

1.16.1 No failure or omission by Nextrent.my, as applicable, to carry out its obligations or observe any of the stipulations or conditions of the Terms, shall give rise to any claims against Nextrent.my, as applicable, or be deemed a breach of the Terms, in the event that such failure or omission arises from a cause of force majeure, which includes acts of God, new statutory enactments or modifications, war or warlike hostilities, pandemics, epidemics, acts of terrorism, civil commotion, riots, blockades, embargoes, sabotage, strikes, lockouts, shortage of material or labour, delay in deliveries from sub-contractors, machine failure caused by force majeure, or any other event that is unforeseeable and outside the reasonable control of Nextrent.my, as applicable. Upon the occurrence of any event mentioned in this Section 1.16.1, Nextrent.my, as applicable, shall for the duration of such event(s) be relieved of any obligation under the Terms as is affected by the event(s) save that the provisions of the Terms shall remain in force with regard to all other obligations under the Terms which are not affected by the event(s).

1.17 Notices

1.17.1 All otherwise specified herein, all notices from You to Nextrent.my regarding the Terms shall be sent via e-mail to enquiry@nextrent.my. Communications delivered by email shall be effective when actually received by Nextrent.my, as applicable, in readable form.
1.17.2 Nextrent.my, as applicable, will send notices and other communications to You at the email address you have provided to Us. It is your sole responsibility to ensure that you provide Us with your current contact email address.

1.18 Assignment

1.18.1 You may not assign, delegate or otherwise transfer, any license, right or obligation under these Terms, in whole or in part, without Our prior written consent. We, however, may assign, delegate or otherwise transfer any license, right or obligation under these Terms to any person or entity. Without limiting the generality of the foregoing sentence, the agreement formed hereunder shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

2. ADVERTISING SERVICES
This Section 3 (Advertising Services) shall apply to all Advertisements and marketing services that may be provided by Nextrent.myfrom time to time (the “Advertising Services”).

2.1. Submission of Content

2.1.1. All Content should be submitted to Nextrent.my through the methods and using the file format specified by Nextrent.my before the date of placement of the Advertisement. If Your marketing services package allows for an Advertisement to be placed immediately after submission on the Platform, You may submit Your Content to the Platform at any time.

2.1.2. In the event that You are unable to submit the Content through the Platform, or if Nextrent.my has so instructed, please send the Content to Nextrent.my via e-mail to enquiry@nextrent.my or as otherwise advised by Nextrent.my, together with Your name, company, date of placement of Advertisement, Your Sales Order reference number (if any) and any other information specified by Nextrent.my.

2.1.3. Nextrent.my may in its sole discretion reject Your Advertisement, postpone the placement of Your Advertisement and charge You administrative fees, in the event You do not (a) provide the information set out in Section 2.1.2, (b) submit the Content in the prescribed format, or (c) submit the Content by the deadline prescribed by Nextrent.my.

2.1.4. In the event You fail to pay or submit Content as and when required, Nextrent.my may terminate Your Sales Order and You shall remain liable for the full sum of the fees indicated in the Sales Order.

2.1.5. Nextrent.my will use all reasonable endeavours to publish Advertisements on the required placement date and in the format and position requested by You, however we do not guarantee this and Nextrent.my shall not be liable for any failure to do so.

2.2. Placement of Advertisement

2.2.1. You acknowledge and agree that You are solely responsible for the content of Your Advertisements and any errors or omissions in the Content.

2.2.2. You acknowledge and agree that Nextrent.my’s role is as publisher only and not to review or check the accuracy of Your Content, and the publication of any Advertisement or the continuous availability of the Advertisement to the members of the public shall not constitute acceptance by Nextrent.my that such Advertisement complies with the Terms. Nextrent.my is not obliged to accept any requests to correct errors or omissions after Your Advertisement is published or repeated.

2.2.3. Nextrent.my reserves the right to approve or reject any Advertisement in its sole discretion without providing reasons to You.

2.2.4. In the event that You are, in Nextrent.my’s reasonable opinion, in breach of Section 2.3 or 2.4 or the terms of Nextrent.my’s Acceptable Use Policy or the Advertisement and Content Guidelines, You shall promptly comply with any direction given to You by Nextrent.myin relation to Your Advertisement, including any direction to delete, amend or update any Advertisement or part thereof. Nextrent.my may edit, amend or remove Your Advertisement or part thereof without notice to You if, in Nextrent.my’s reasonable opinion, You are in breach of Your obligations under the Terms or if required by any law or regulation, or by any enforcement or other government agency or regulatory authority.

2.2.5. Nextrent.my may from time to time make changes to the format or layout of its Platform or Newsletter without prior notice to You. This may result in changes to the format or layout of Your Advertisement. You acknowledge and agree that Nextrent.my, in its absolute discretion, may from time-to-time change how Your Advertisement is placed, positioned and presented.

2.2.6. You may request Nextrent.my to remove Your Advertisement after it has been published, however Nextrent.my shall not refund any fees or Products that You have paid for the withdrawn Advertisement and shall not be liable for any loss or damage suffered by You as a consequence of such withdrawal. You acknowledge that in certain circumstances, withdrawal of a published Advertisement is not feasible (e.g. an Advertisement published in an offline Newsletter). Where Nextrent.my is agreeable to withdraw the published Advertisement, Nextrent.my may charge You administrative fees (in its sole discretion) for such withdrawal.

2.3. Advertisement requirements

2.3.1. You shall ensure that:
(a) no Content submitted by You to Nextrent.my or uploaded on the Platform contains any references to Nextrent.my’s competitors or their branding, logos or websites;
(b) the Content You submit to Nextrent.my or on the Platform does not include any content, material or photographs posted or provided by another user of the Platform without their permission;
(c) any third-party websites that may be linked or referenced in the Content You submit to Nextrent.my or on the Platform is relevant to the Content, and that any such third-party website is not a website providing auctioneering or advertising services;
(d) all Content submitted by You or uploaded on the Platform complies with all applicable laws, rules and regulations relating to the placement of Your Advertisement, whether in the jurisdiction in which the Advertisement is placed, or the jurisdiction in which the targeted audience of the Advertisement resides;
(e) all Listings are placed in categories that best describes the services that You are providing. Nextrent.my reserves the right to re-locate the Listing to the correct category in its sole discretion. For example, a Listing concerning the sale of a property should be placed under the “for sale” or “buy” category, and a Listing concerning the rental or the letting of a property for rental should be placed under the “for rent” or “rent” category; and
(f) each Advertisement posted through the Platform shall relate to one real property only.

2.3.2. You shall not use any HTML tags, bots or any means other than those provided on the Platform to manipulate Your Advertisement.

2.4 Your Representations and Warranties

2.4.1 You represent and warrant to us that at all times:
(a) You hold all necessary authorisations, licenses, consents, approvals, registrations and/or accreditations to publish or disseminate the Content and to advertise, sell or lease real estate, properties and property developments (including those that You advertise on the Platform and/or using the Product(s)), and You will not make any representations to Your clients that are inconsistent with this Section 2.4.1(a);
(b) You have the right to publish the Content without infringing the rights of any third party and without violating any law and all Content submitted by You to Nextrent.my does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyright and rights of privacy, and there shall not be contained in or incorporated into the Content and each and every part thereof provided by You to Nextrent.my, anything which would infringe or misappropriate any patent, mask work, design, copyright, trademark, trade name, service mark, database right, any application for any of the foregoing, moral right, trade secret right, any other personal or proprietary right, or any publicity or privacy right of any third party and no third party shall have any right to assert any claim of ownership or for infringement or misappropriation of any Intellectual Property Right as to any portion of the Content;
(c) You are a licensed housing developer under the HDCLA, in the event that You are placing an Advertisement or otherwise submitting or disseminating content/material in Your capacity as a housing developer;
(d) You are a licensed sales-person under the VAEAA, in the event that You are placing an Advertisement or otherwise submitting or disseminating content/material as a real estate sales person, and that You have complied with the VAEAA and the VAEAR; and
(e) You have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity contained in the Advertisement.

3. EDM AND SMS CAMPAIGNS

3.1. This Section 3 (EDM and SMS Campaigns) shall apply to all Products relating to the conduct of marketing services delivered via EDM or SMS, as may be provided by Nextrent.my from time-to-time (the “EDM and SMS Campaign Services”).

3.2. For the purposes of this Section 3, “Marketing Content” means the content of an EDM or SMS and any other content and instructions supplied by You to Nextrent.my that are reasonably required by Nextrent.my in order to send the EDM or SMS.

3.3. You shall be responsible for reviewing and endorsing all Marketing Content before it is sent. Nextrent.my is unable to retract any Marketing Content once it has been sent or delivered.

3.4. You understand that Nextrent.my is under no obligation to review the Marketing Content and the dissemination of the Marketing Content shall not constitute acceptance by Nextrent.my that such Marketing Content complies with the Terms. Notwithstanding the foregoing, You agree that Nextrent.my may edit, amend or otherwise correct the Marketing Content prior to dissemination.