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Terms of Purchase

  1. TERMS APPLICABLE TO ALL PURCHASES

1.1 General

1.1.1 By purchasing any Product (as defined below) from SellGlobal (as defined below), You (the person/entity purchasing the Product) conclude a legally binding agreement with SellGlobal

1.1.2 Section 1 (Terms Applicable to All Purchases) contains the overarching terms of the relationship between You and SellGlobal. Specific terms shall apply depending on the type of Product purchased. These terms are contained in the relevant sections in the Terms of Purchase (defined below) referring specifically to the Product. In addition, SellGlobal may specify in writing that the Additional Terms (defined below) are nonetheless applicable to purchases of certain Products. The Additional Terms may be found on AgentNet (defined below), and You are advised to review these terms prior to using any Products, or entering into any transaction, on the Website (defined below) or with SellGlobal.

1.1.3 You accept without limitation or qualification these Terms of Purchase and the Additional Terms. The Additional Terms shall be incorporated in these Terms of Purchase by reference.

1.1.4 In the event of any inconsistency between the Terms of Purchase and the Additional Terms, unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.

1.1.5 You agree that SellGlobal may amend/add/delete the Purchasing Terms (defined below) at any time without liability and without notice to You. You are advised to check for amendments/additions/deletions to the Purchasing Terms regularly, prior to using any Products, or entering into any transaction, on the Website or with SellGlobal. Your use of the Website on or after the Effective Date shall constitute Your agreement to the revised Purchasing Terms.

1.1.6 You understand that You must, at Your own cost, provide telecommunication services, computers and other equipment or services necessary to access any of the Products. You must comply with all the rules and regulations that apply to the means that You have used to access the Products (e.g. internet access).

1.1.7 The Purchasing Terms contain the entire understanding between SellGlobal and You and supersede any prior agreements, discussions and representations (including misrepresentations) between the parties, whether written or oral, regarding the subject matter contained herein.

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

1.2 Definitions

1.2.1 Except where the context otherwise requires:

Account” means an account on AgentNet and “Accounts” shall have the corresponding meaning;

Additional Terms” shall mean, other terms which are not contained in these Terms of Purchase, which shall include but shall not be limited to, the Privacy Policy, Terms of Service, Policy of Acceptable Use (as defined below), and Advertisement and Content Guidelines, as set out on the Website;

Advertisement” shall mean an advertisement placed by You through SellGlobal on an offline medium including but not limited to an offline Newsletter and “Listing” shall have the corresponding meaning;

Agent” shall mean any individual who has purchased or been granted access to SellGlobal products or subscriptions as, or on behalf of agencies, or companies such as but not limited to real estate agencies, property developers and media agencies;

AgentNet” shall mean the online platform on SellGlobal’s Website within which users can create and manage new and existing Listings, market properties, and respond to enquiries, bearing the URL.

 “Charges” shall mean the charges SellGlobal is entitled to charge you upon cancellation of Your subscription for a particular Product, being: (a) five percent (5%) of the full price of the Product You subscribed for; (b) the cost of the cancelled Product you have used and/or have kept; (c) a portion of the full price of the Product pro-rated to the number of months of the Validity Period for that Product which has accrued prior to such cancellation;

Content” shall mean the content of a Listing or an Advertisement (as the case may be) and any other content and instructions supplied by You to SellGlobal, that are reasonably required by SellGlobal in order to publish the Listing or Advertisement, as the case may be;

Customer Content” shall mean the content that You supply for the purpose of the creation of a Webpage pursuant to Section 4;

EDM” means the electronic direct mailer service provided by SellGlobal

HDCLA” shall mean the Housing Development (Control and Licensing) Act 1966;

Listing” shall mean an advertisement placed by You through SellGlobal on an online medium including but not limited to the Website;

Marketing Content” shall mean the content of an EDM or SMS and any other content and instructions supplied by You to SellGlobal, that are reasonably required by SellGlobal in order to send the EDM or SMS pursuant to Section 5;

Newsletter” shall mean any newsletter that SellGlobal may make available through any online or offline medium from time to time, including without limitation,
SellGlobal’s daily market news, agent handbook and property blog and “Newsletters” shall have the corresponding meaning;

Order” shall mean Your order for Services as prepared by the Videographer pursuant to Section 8.4;

“SellGlobal Content” shall mean the webpage templates and any other content/material that SellGlobal provides to You for the purposes of building and/or customising a Webpage;

“SellGlobal Research Data” shall mean Products of SellGlobal that allow You to access data, statistical information and analyses of data pertaining to real estate trends in Middle East

Price” shall mean monetary consideration in exchange for a Product;

Privacy Policy” shall mean SellGlobal’s privacy notice/policy made available on the webpage bearing the URL

Product” shall mean any product, service, package or subscription offered by SellGlobal via its authorised sales agents, the Website, or other electronic platforms owned and/or operated by SellGlobal (including but not limited to mobile applications, computer software, and/or other digital and/or electronic platforms), including access to AgentNet and “Products” shall have the corresponding meaning;

Purchase” shall mean the purchase of a Product from SellGlobal;

Purchasing Terms” shall mean the “Terms of Purchase” and the “Additional Terms“;

Services” shall mean professional videography services to create a Virtual Tour;

SMS” shall mean the short message service which uses standardized communication protocols to enable mobile devices to exchange short text messages;

Terms of Purchase” shall mean this document;

Terms of Service” shall mean SellGlobal terms of service made available on the webpage bearing the URL

URL” shall mean a uniform resource locator, being the address of a resource on the internet;

Validity Period” shall mean twelve (12) months from the date of purchase of a Product from SellGlobal;

Videographer” shall mean SellGlobal’s authorised videographer;

Virtual Tour” shall mean an interactive 360-degree virtual tour of a property to be featured in a Listing;

Webpage” shall mean a webpage built and/or customised based on a template provided by SellGlobal or Your existing website to be/having been ported as a microsite on the Website;

You” or “Your” shall mean the entity entering into the Purchasing Terms with SellGlobal

1.3 Purchase of Product

1.3.1 In the event that You have purchased any Products (including but not limited to any marketing services package) fromSellGlobal, You understand that, unless otherwise specified by SellGlobal in writing, such Product shall only be valid for the Validity Period and you must fully utilize such purchased Product within the Validity Period. There shall be no extensions to the Validity Period under any circumstances whatsoever.

1.3.2 Each respective Product may entitle You to specified types and quantities of add-ons, features, services, and/or other Products from SellGlobal, which may be offered to You by SellGlobal in addition and/or ancillary to Your Purchase of a particular Product, at SellGlobal’s sole and absolute discretion. Notwithstanding any other provision in these Terms of Purchase, SellGlobal reserves the right to change the types and quantities of such add-ons, features, services, and/or other Products at any time during the Validity Period. You shall not be entitled to exchange or substitute any Product which You have purchased with another Product.

1.3.3 Upon the expiry of the Validity Period, in the event that You have not fully utilised the Product that You have purchased, SellGlobal shall, unless otherwise specified in writing, forfeit the unutilised portion of such Product without any notice to You. You shall not be entitled to any refund for any unutilised portion or compensation from SellGlobal as a result of such forfeiture.

1.3.4 In the event that You decide to purchase another Product after the expiry of Your previous Product, You understand that any unutilised portion of Your previous Product shall not be carried over to Your newly purchased Product.

1.3.5 The Product purchased by You is for Your use only as a single end-user, and cannot be transferred to another user, person, or entity. You are and shall be liable for all transactions conducted using Your Product in the event that You disclose or share Your Product with another user.

1.3.6 All Products should be purchased either through the Website, or via an authorised sales agent of SellGlobal. For the avoidance of doubt, the Purchasing Terms shall apply to Purchases made via an authorised sales agent of SellGlobal.

1.3.7 SellGlobal may grant You access to an Account for the purposes of managing the Product to which You are entitled. You understand that all use of the Account shall be subject to Section 7 below (AgentNet Access).

1.3.8 You are not to use the Product in any way that adversely prejudices and/or harms SellGlobal or any customer of SellGlobal or the Product or other users.

1.3.9 You shall not transfer, sublicense or assign any of Your rights and obligations under the contract.

1.3.10 After the purchase of the Product, You are not allowed to transfer or exchange the Product with any other Products that SellGlobal carries in full or in part.

1.4 Price revisions

1.4.1 SellGlobal reserves the right to revise the Price of any of its Products at any time and without prior notice to You.

1.4.2 The revised Price will be published on the Website.                  

1.4.3 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 a new Product, or when You renew an existing Product after its Validity Period.

1.5 Payment and renewal of subscription

1.5.1 You will pay to SellGlobal all fees incurred in connection with a Purchase through a payment method made available by SellGlobal from time to time. You acknowledge that SellGlobal is only obligated to activate or allow You to use Your Products upon Your approval of the purchase, which approval shall include review and approval of all Products in Your sales order (including accepting the terms and conditions thereof) and SellGlobal’s receipt of all fees incurred in connection with a Purchase. You are solely responsible for any payment method that You have chosen and SellGlobal shall not be held responsible or liable for any damage or loss suffered by You in connection with Your chosen payment method.

1.5.2 In the event that You have been issued with a sales order or e-mail confirmation with respect to Your Purchase, You shall adhere to the payment method, and payment due date, as set out in such sales order or e-mail confirmation.

1.5.3 In the event that You are paying 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 SellGlobal’s choice. SellGlobal is not responsible for any loss of or damage to the cheque en-route to SellGlobal. You shall be liable to pay to SellGlobal any administrative fees incurred by SellGlobal in the event that the cheque does not clear for any reason whatsoever.

1.5.4 In the event that You have made the Purchase from an authorised sales agent of SellGlobal, please ensure that the authorised sales agent has issued You with an invoice upon making the necessary payment. SellGlobal shall not have the obligation to entertain any claims that are not supported by an invoice.

1.5.5 In the event that any payment due to SellGlobal hereunder 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 eight (8%) per annum (or such other interest rate decided by SellGlobal in its sole and absolute 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 SellGlobal.

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 the Purchase.

1.5.7 In the event that You fail to make payment of any fees due under the Purchasing Terms, You understand that SellGlobal shall be entitled to take such steps against You to recover any fees owed to SellGlobal at its sole and absolute discretion, including but not limited to commencing legal proceedings against you for the recovery of the same. You agree to indemnify and hold harmless SellGlobal against all costs and expenses, including legal fees, which SellGlobal may reasonably incur in the taking of such steps.

1.5.8 SellGlobal may, from time to time, issue to You credits (including but not limited to advertising credits, ad-credits, re-listing credits, etc) that may be, where applicable, used to offset the fees payable for a certain Purchase. You will be notified, by way of a notification on AgentNet or by way of email to You, of the types of Products for which the credits may be used. The pricing of credits by SellGlobal and quantity of credits that may be used for a particular Product may be dynamically varied by SellGlobal at its sole and absolute discretion, depending on various factors, which include but are not limited to the type of features and/or listings for which the credits may be used, timing, sale and/or Purchase location, and Your location, amongst other factors as may be determined by SellGlobal in its sole and absolute discretion. SellGlobal 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 during the period of its validity at its sole and absolute discretion and such variation shall come into effect immediately and without prior notice and/or reference to You. Any variation to the credits that may be used to offset the fees payable for a certain Purchase will be visible on AgentNet prior to You consuming any credits. You understand that unless otherwise stated, all credits that are issued by SellGlobal shall be valid for twelve (12) months from the date on which the credit is issued. Any credits that have not been utilised within this twelve (12) month period shall be forfeited by SellGlobal without notice to You. You shall not be entitled to any compensation from SellGlobal as a result of such forfeiture. You understand that forfeited credits will not be carried over to any subsequent credit that may be issued to You by SellGlobal or purchased by You from SellGlobal.

1.6 Refund policy

1.6.1 An Agent may cancel a subscription for a Product by notifying SellGlobal of the cancellation by written notice, specifying details on (1) the method of refund and (2) Your details that are required for SellGlobal to process the refund (including but not limited to 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)).

1.6.2 Pursuant to Your notification under Section 1.6.1 above, SellGlobal shall be entitled to either charge to You the Charges. In the event the Price You have paid in respect of a subscription for a particular Product which You have cancelled is less than the Charges, SellGlobal shall refund to You the difference between the Charges and the Price by bank transfer to the bank account You have provided, or made to You by way of cheque with such cheque to be sent to or collected by the Agent within fourteen (14) days from SellGlobal’s receipt of Your written notice of cancellation pursuant to Section 1.6.1 above. In the event that You do not specify a method of postage, the cheque will be mailed to You via normal post.

1.6.3 Please ensure that all information that You have provided for the purposes of obtaining a refund is true, accurate, and current. You agree that SellGlobal shall not be responsible for any loss or damages incurred by You as a result of SellGlobal’s inability to make a refund because of incorrect information provided by You.

1.6.4 You agree that SellGlobal’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, SellGlobal’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 SellGlobal deducting from the refund such amount necessary for the cost of mailing the cheque to You using Your desired method of postage.

1.7 Intellectual property rights

1.7.1 SellGlobal reserves all intellectual property rights in relation to any content and Product that it provides to You, including but not limited to the Website and the Newsletter, and any copyright and trade mark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. Nothing in this Terms of Purchase shall be construed or deemed as granting or providing to You any right, license, interest or permission to deal with any intellectual property of SellGlobal in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of SellGlobal’s trade marks or trade names in an unauthorised manner. You may not use any of SellGlobal’s trademarks without the prior written consent of SellGlobal. All rights not expressly granted herein are reserved to SellGlobal. Except as otherwise permitted by applicable law, any publication of any copyright work and Product are strictly prohibited without the written consent of the copyright owner.

1.8 Indemnities and limitation of liability

1.8.1 You agree, at Your own expense, to indemnify, defend and hold harmless SellGlobal, its respective contractors, subcontractors, third party service providers, employees and agents of each of them from and against any and all liabilities, actions, proceedings, claims, demands, judgements and expenses (including legal fees on a solicitor and own client basis) whatsoever which may be made against or suffered or incurred by them, individually and/or collectively due to or arising out of:-

(a) any circumstance or allegation which, if assumed as true, would also constitute a breach of any covenant, agreement, obligation, representation or warranty or any breach of the aforesaid warranties or undertakings by You;

(b) the publication of Your Advertisement/Listing;

(c) the content of Your Advertisement/Listing;

(d) any material, product or service of provided by You, to which members of the public (including users of the Website) can access through Your Advertisement/Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices);

(e) Your violation of the Purchasing Terms;

(f) claims from third parties arising out of Your cancellation and/or termination of the Terms of Purchase; and/or

(g) any claim of any negligent act, omission, or wilful conduct of You and/or Your employee(s).

Your obligations under this Section 1.8.1 shall survive the termination of these Terms of Purchase or expiration of any Validity Period.

1.8.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within two (2) years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.

1.8.3 In no event shall SellGlobal’s aggregate liability for any claims under or pursuant to the Purchasing Terms exceed the aggregate fees actually paid by You for the preceding twelve (12) months period at the point in time when the claim(s) is/are made against SellGlobal.

1.8.4 Notwithstanding any other provision in the Purchasing Terms and to the maximum extent permissible under applicable law, in no circumstances shall SellGlobal be liable for losses, direct and/or indirect, related to (i) content or the quality of the Advertisement/Listing; (ii) disruptions or interruptions of the internet which affect the Advertisement/Listing; (iii) errors or delays in SellGlobal providing the Product; (iv) loss of the Agent’s data or Content; (v) damage, disruption or injury to the Agent’s SellGlobal page or website, and/or (vi) any delay or failure in performance due to or caused by events beyond the reasonable control of SellGlobal, regardless of whether such loss or damage was reasonable foreseeable or SellGlobal knows or has previously been advised of the possibility of such loss or damage.

1.9 Disclaimers

1.9.1 You expressly understand and agree that:

(a) Your use of any Product is at Your own risk. Such Product is provided by SellGlobal on an “as is” basis. SellGlobal expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;

(b) SellGlobal makes no warranty that:-

(i) its services will meet Your requirements;

(ii) its services will be uninterrupted, timely, secure and error-free;

(iii) its services will be accessible at any time or at all times via the channel selected or used by You;

(iv) the quality of any services, information or other material purchased or obtained by You through its services will meet Your expectations;

(v) any errors in the services will be corrected; and

(vi) the information provided on the Website is accurate.

1.9.2 For the avoidance of doubt, no advice or information, whether oral or written, obtained by You from SellGlobal or its employees, agents or through or from the services shall create any warranty not expressly stated in the Purchasing Terms.

1.10 Use of personal information

1.10.1 You acknowledge that SellGlobal may collect, use and disclose Your personal data (as defined under the Personal Data Protection Act 2010) for the purposes for which they were collected, as set out in SellGlobal’s Privacy Policy, including publicising SellGlobal’s products and services to You. Such information includes without limitation Your name, photograph, email address, telephone number and address.

1.10.2SellGlobal shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.

1.10.3 You agree that even after the completion of any transaction between You and SellGlobal, SellGlobal is entitled to use Your personal information for the purposes of publicising SellGlobal’s products and services to You or contacting You to obtain feedback unless You expressly notify SellGlobal in writing via email to admin@sellglobal.org that You no longer wish to receive such information on SellGlobal products and services or be contacted bySellGlobal.

1.10.4 All personal data about You is subject to our Privacy Policy. The Privacy Policy is deemed incorporated into the Terms of Purchase by reference to this Section 1.10.

1.11 Termination

1.11.1SellGlobal may terminate the Purchasing Terms without prior notice upon the occurrence of, amongst others, the following events:-

(a) You being declared insolvent or bankrupt;

(b) failure to make any payment that is due under the Purchasing Terms;

(c) request by law enforcement or other government agencies;

(d) failure to comply with the Purchasing Terms;

(e) infringement of intellectual property rights of others;

(f) discontinuance or material modification to the services of the Website or part thereof; or

(g) unexpected technical or security issues or problems.

1.11.2 You further understand that a termination of the Purchasing Terms by SellGlobal shall result in a termination of Your access to the Product that You have purchased. SellGlobal shall be under no obligation to refund You the whole or any part of any fees paid by You in advance. In addition, You are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Purchasing Terms by SellGlobal in accordance with its terms.

1.11.3 Termination of the Purchasing Terms shall be without prejudice to any other rights or remedies SellGlobal may be entitled to under the Purchasing 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.

1.12 Dispute Resolution

1.12.1   In the event of any dispute between the Parties regarding these Terms of Purchase:

(a) Unless any Party to this Agreement has done all acts, matters and things necessary on its part to be done to comply with Clauses 1.12.1(c) to 1.12.1(f) and Clause 1.12.2, that Party may not commence Court proceedings relating to any dispute arising from this Agreement except where that Party seeks urgent interlocutory relief in which case that Party need not comply with Clauses 1.12.1(c) to 1.12.1(f) and Clause 1.12.2.

(b)Where a Party to this Agreement fails to comply with Clauses 1.12.1(c) to 1.12.1(f) and Clause 1.12.2, the other Party to this Agreement need not comply with Clauses 1.12.1(c) to 1.12.1(f) and Clause 1.12.2 before commencing Court proceedings relating to any dispute or difference.

(c) In the event that the Parties are in dispute regarding any matter relating to or arising out of this Agreement, then each Party may by notice in writing to the other Party refer the dispute to the authorized representatives of the Parties who shall consult with one another in good faith and use their best endeavours to resolve such dispute to the mutual satisfaction of both Parties without the resort to litigation or arbitration.

(d) In the event the aforesaid representatives fail to resolve the dispute in accordance with Clause 1.12.1(c) above, either representative may by notice in writing to the other Party refer the dispute to the Chief Financial Officer of SellGlobal and You and/or Your authorised representative who shall consult with one another in good faith and use their best endeavours to resolve such dispute to the mutual satisfaction of both Parties without the resort to litigation or arbitration.

(e) In the event that the dispute cannot be resolved pursuant to Clause 1.12.1(c) and Clause 1.12.1(d) within a reasonable time the Parties agree that the dispute between them shall be determined by mediation without resort to litigation or arbitration.

(f) The Parties agree to do all things required to facilitate the mediation, including agreeing on the choice of mediator. In the event that the Parties fail to agree on a mediator, the President of the Malaysian Bar Council shall appoint the mediator. Cost associated with the mediation shall be borne equally between the Parties.

1.12.2   In the event all attempts to resolve a dispute relating to or arising out of this Agreement shall fail pursuant to Clauses 1.12.1(c) to 1.12.1(f), the Parties agree that any controversy or claim arising out of or related to this Agreement, or the breach, termination or invalidity thereof, shall be decided by the Malaysian Courts.

1.12.3 For the purposes of this Section 1.12, You and SellGlobal are collectively be referred to as the “Parties” and singularly as a “Party”.

1.13 Notices

1.13.1 Unless otherwise stated herein, all notices to SellGlobal pursuant to the Purchasing Terms shall be in writing and sent via e-mail to enquiries@propertyguru.com.my. Notices to SellGlobal via email shall be effective on the date of transmission provided that it shall be sufficient to show that the email has been despatched with the appropriate delivery receipt received to prove that such e-mail has been duly sent.

1.13.2 SellGlobal may issue notices and/or demands to you personally, or despatched by prepaid registered mail, or transmitted by facsimile or email to the addresses provided by You to SellGlobal. Notices from SellGlobal to You shall be effective:

(a) if delivered personally, on the date of delivery;

(b) in the case of domestic mail, if transmitted by prepaid registered mail, on the date falling ten (10) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent;

(c) in the case of international mail, if transmitted by prepaid registered air-mail, on the date falling twenty (20) days after posting; provided that it shall be sufficient to show that the envelope containing such notice or information was properly addressed and sent by prepaid post and that it has not been so returned to the sender, to prove that such notice or information has been duly sent;

(d) if transmitted by facsimile, on the date of transmission, provided that it shall be sufficient to show that the facsimile has been despatched with the appropriate delivery receipt received to prove that such facsimile has been duly sent; and

(e) if transmitted by e-mail, on the date of transmission.

  1. Marketing services

2.1 Section 2 (Marketing Services) shall apply to all forms of marketing services that may be provided by SellGlobal from time to time. Such marketing services shall pertain to Listings or Advertisements.

2.2 Depending on the type of marketing service that You have purchased, a Listing or an Advertisement (as the case may be) may pertain to the advertisement or promotion of:-

2.2.1 Your services as a real estate sales person;

2.2.2 the sale or rental of real property, both commercial and residential; or

2.2.3 any other services or products that SellGlobal may allow You to advertise or promote from time to time, including, without limitation, relocation services, and home and office furnishing services.

2.3 Please check the Website, sales order, invoice, e-mail confirmation (if any) or with SellGlobal for the particulars of the Advertisements/Listings to which You are entitled.

2.4 Submission of Content:

2.4.1 All Content should be submitted to SellGlobal through the methods specified by SellGlobal before the date of placement of the Listing/Advertisement.

2.4.2 However, in the event that Your marketing services package allows for Listings to be placed immediately after submission on the Website, You may submit Your Content to the Website at any time. In the event that You are unable to submit the Content through the Website, or in the event that SellGlobal has so instructed, please send the Content to SellGlobal via e-mail to admin@sellglobal.org or via such method that SellGlobal may specify.

2.4.3 All Content should be submitted in the file format specified by SellGlobal.

2.4.4 In the event that You are sending Content via e-mail or post, please indicate the following information about Yourself:-

(a) name;

(b) company;

(c) date of placement of Advertisement/Listing; and

(d) sales order reference number (if any).

2.4.5 You understand that SellGlobal may in its sole discretion reject Your Advertisement/Listing, or subject to You paying to SellGlobal such administrative fees that SellGlobal may stipulate, postpone the placement of Your Advertisement/Listing to the next available timing, in the event that You do not:-

(a) provide the information set out in Section 2.4.4;

(b) submit the Content in the prescribed format; or

(c) submit the Content by the deadline prescribed by SellGlobal.

2.4.6 You represent, warrant and confirm that:-

(a) the Content abides by SellGlobal’s Policy of Acceptable Use and Terms of Service (where applicable);

(b) the Content 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;

(c) all Content submitted by You to SellGlobal is not confidential; and

(d) 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 SellGlobal does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and rights of privacy and there shall not be contained in or incorporated into the Content and each and every part thereof provided and to be provided by You hereunder, 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;

(e) all Content submitted by You to SellGlobal shall not be obscene and/or defamatory and shall not expose SellGlobal to any civil or criminal proceedings;

(f) all Content submitted by You to SellGlobal shall not be disparaging or prejudicial to or shall negatively affect SellGlobal, its reputation, and/or the exploitation of SellGlobal’s business; and

(g) all Content submitted by You to SellGlobal shall not contravene any existing legislation.

2.5 Placement of Advertisement/Listing

2.5.1 The acceptance of payment by SellGlobal pursuant to Your purchase of a marketing services package shall not be deemed to be an undertaking by SellGlobal to accept any Advertisement/Listing. SellGlobal reserves the right to approve or reject any Advertisement/Listing at its sole discretion without providing reasons to You.

2.5.2 You understand that the placement, positioning and presentation of an Advertisement/Listing is at the sole and absolute discretion of SellGlobal, and that SellGlobal, in its sole and absolute discretion, may from time to time change how the Advertisement/Listing is placed, positioned and presented.

2.5.3 You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is published or repeated. SellGlobal is not obliged to accept any requests to correct errors after the Advertisement/Listing is published or repeated and You shall be solely and fully responsible for such errors.

2.5.4 You understand that SellGlobal does not undertake to review the Content. The publication of any Advertisement/Listing or the continuous availability of the Advertisement/Listing to the members of the public will not be deemed to constitute an acceptance by SellGlobal that such Advertisement/Listing complies with the Purchasing Terms and the Policy of Acceptable Use.

2.5.5 In submitting the Content for the placement of an Advertisement/Listing, You represent and warrant that:

(a) You have abided by SellGlobal’s Policy of Acceptable Use and Terms of Service (where applicable);

(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 SellGlobal does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and rights of privacy and there shall not be contained in or incorporated into the Content and each and every part thereof provided and to be provided by You hereunder, 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, in particular, that You have not used photographs provided by other users of the Website unless such photographs are provided under shared photographs;

(c) no photograph in the Content contains any watermarked logo and/or name of any of SellGlobal’s competitors;

(d) You have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws, contained in the Advertisement/Listing, if any;

(e) the Content 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;

(f) with respect to Listings posted through AgentNet, each Listing pertains to only one specific real property;

(g) You are a licensed housing developer under the HDCLA, in the event that You are placing the Advertisement/Listing in Your capacity as a housing developer;

(h) You are a licensed sales person under the VAEAA, in the event that You are placing the Advertisement/Listing in Your capacity as a real estate sales person, and that You have complied with the VAEAA and the VAEAR;

(i) You have complied with all applicable laws, rules and regulations in the placement of the Advertisement/Listing, whether in the jurisdiction in which the Advertisement/Listing is placed, or the jurisdiction in which the targeted audience of the Advertisement/Listing resides;

(j) all Content submitted by You to SellGlobal shall not be disparaging or prejudicial to or shall negatively affect SellGlobal, its reputation, and/or the exploitation of SellGlobal’s business; and

(k) all Content submitted by You to SellGlobal shall not contravene any existing legislation.

2.5.6 With regard to any third party websites that may be linked through the Content, You shall ensure that the third party website is relevant to the Content, and that the third party website is not a website providing auctioneering or advertising services.

2.5.7 You hereby grant SellGlobal, including its contractors, sub-contractors, and/or third party service providers and employees and agents of each of them, a non-exclusive, perpetual, and transferable license to edit, amend or otherwise correct any Content.

2.5.8 You shall ensure that all Listings are placed in categories that best describes the services that You are providing. SellGlobal reserves the right to re-locate the Listing to the correct category. For example, a Listing concerning the sale of a property should be placed under the “for sale” category, while a Listing concerning the rental or the letting of a property for rental should be placed under the “for rental” category.

2.5.9 SellGlobal reserves the right to remove any Advertisement/Listing that does not comply with the Purchasing Terms, or upon request by law enforcement or government agencies, without providing reasons or prior notice to You.

2.5.10 You understand that SellGlobal may from time to time make changes to the format and layout of its Newsletter or Website without prior notice to You. This may result in changes to the format or layout of Your Advertisement/Listing. However, SellGlobal shall not make any changes to the content or size of Your Advertisement/Listing.

2.5.11 You may, at any time, request that SellGlobal withdraw any Advertisement/Listing that has been published. . You understand that in certain circumstances, a withdrawal of a published Advertisement/Listing is not feasible (e.g. where an offline Newsletter has been published), and accordingly, SellGlobal is not liable to refund to You any fees or Products that You have paid for the withdrawn Advertisement/Listing, nor shall SellGlobal be liable for any loss or damage suffered by You as a consequence of such withdrawal. Where SellGlobal is agreeable to withdraw the published Advertisement/Listing, SellGlobal shall be entitled to charge You administrative fees (at its sole and absolute discretion) for such withdrawal.

2.5.12 The use of HTML tags, bots or any means other than those provided on the Website to manipulate Your Listing is a violation of the Purchasing Terms and may result in SellGlobal deleting Your Listing. Continued violation of this Section may result in suspension or termination of Your Account and forfeiture of the remainder of Your marketing services package.

2.5.13 Listings should only be posted via AgentNet directly by the authorised user of AgentNet. The use of third party services or third party software to post listings is strictly prohibited and is a violation of the Purchasing Terms and may result in SellGlobal deleting Your Listing. Continued violation of this Section may result in suspension or termination of Your Account and forfeiture of the remainder of Your marketing services package.

2.6 Use of Content:

2.6.1 You grant to SellGlobal an irrevocable, non-exclusive, royalty-free, transferable, worldwide right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or SellGlobal’s marketing or distribution or placement of Advertisement/Listing on other mediums other than the Website or the Newsletters.

2.6.2 You understand that SellGlobal may use Your name and photograph (if any) for the purposes of SellGlobal’s marketing or distribution activities.

2.7 You will indemnify and hold harmless SellGlobal, its respective contractors, subcontractors, third party service providers, employees and agents of each of them, harmless from and against (a) any and all liabilities, actions, proceedings, claims, demands, judgements and expenses (including legal fees on a solicitor and own client basis) whatsoever which may be made against or suffered or incurred by them, individually and/or collectively, in consequence of any circumstance or allegation which, if assumed as true, would also constitute a breach of any covenant, agreement, obligation, representation or warranty or any breach of the aforesaid warranties or undertakings by You; and/or (b) any claim of ownership of the Content, elements thereof, or rights in respect of same which is adverse to the rights and claims of SellGlobal hereunder. Your obligations under this Section 2.7 shall survive the termination of these Terms of Purchase or expiration of any Validity Period. For the avoidance of doubt, You shall also indemnify SellGlobal against any and all liability, loss, damage, costs and expenses which SellGlobal or a third party may incur or suffer whether direct or consequential (including but without limitation 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 SellGlobal by a third party alleging infringement of its intellectual property rights by reason of the use, exploitation, and/or publication of the Content.

  1. Data/ Research products

3.1 Section 3 (Data/Research Products) pertains to SellGlobal Research Data. SellGlobal Research Data may be made available via the Website, Newsletter, or any other medium as may be determined by SellGlobal from time to time.

3.2 Pursuant to discussions with You, SellGlobal may provide to You customised data/research products, in accordance with Your preferences or requirements that You have conveyed to SellGlobal.

3.3 Restrictions of use of SellGlobal Research Data:

3.3.1 The contents of SellGlobal Research Data shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written consent of SellGlobal.

3.3.2 In the event that You wish to distribute the SellGlobal Research Data or use the SellGlobal Research Data in any way, You should submit Your request to SellGlobal in writing, stipulating theSellGlobal Research Data that You intend to use, intent of use, manner of use, time frame of use and identity of the user. You understand that SellGlobal is not obliged to accept Your request and may reject such request in its sole and absolute discretion.

3.3.3 You may view, download and print the SellGlobal Research Data if:-

(a) the SellGlobal Research Data is used solely for Your internal business purposes or personal use (as the case may be), and is not for sale and/or distribution to any third party for any reason whatsoever;

(b) no alterations, additions or modifications are made to the SellGlobal Research Data; and

(c) due acknowledgement is given to SellGlobal and citing the sources for the relevant data extracted.

3.3.4 Where reproduction of the SellGlobal Research Data is permitted, You must ensure that no analysis or transformation of the SellGlobal Research Data may be presented in a manner which suggests or is likely to lead to the belief that the analysis or transformation of the SellGlobal Research Data is attributable to SellGlobal. SellGlobal shall not be held liable for any such analysis or transformation of the SellGlobal Research Data by You.

3.3.5 You must not use the SellGlobal Research Data for purposes deemed to be inappropriate and/or misleading. Such instances include, but are not limited to:-

(a) presenting the SellGlobal Research Data in a misleading or incorrect manner, or misrepresenting the data; or

(b) using the SellGlobal Research Data to promote or support any illegal activities.

3.3.6 Your use of the SellGlobale search Data shall adhere to the Policy of Acceptable Use.

3.4 SellGlobal owns all intellectual property rights in the SellGlobal Research Data. Provided always that You are in strict compliance with the Purchasing Terms, SellGlobal hereby grants You a limited, non-exclusive, non-transferable, and revocable license to use the SellGlobal Research Data for Your internal business purposes or for personal use, as the case may be).

3.5 The SellGlobal Research Data should not be used for any official or commercial purpose or as a substitute for professional advice. It is provided “as is” and SellGlobal gives no warranty as to its accuracy, veracity and validity. SellGlobal shall not, in any event, be held liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of the SellGlobal Research Data. Further, SellGlobal shall not be held liable for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from Your or any third party’s use of the SellGlobal Research Data in whatever form. It is reasonably expected that You should seek appropriate professional advice before entering into any transaction.

3.6 SellGlobal reserves the right to modify, alter or withdraw the SellGlobal Research Data at any time, for any reason whatsoever, without notice to You.

  1. Website creation services

4.1 Section 4 (Website Creation Services) shall apply to all Products allowing for the building and/or customisation of a Webpage You understand that the Webpage is built or customised for You, and You shall be solely responsible for the maintenance of the Webpage. SellGlobal shall not be held responsible or liable for any loss and/or damage sustained by You as a consequence of Your failure to maintain the Webpage.

4.2 Intellectual property rights:-

4.2.1 You shall own all intellectual property rights in the Customer Content. You hereby grant to SellGlobal a non-exclusive, perpetual, transferable, and irrevocable license to use the Customer Content for SellGlobal’s marketing purposes.

4.2.2 SellGlobal owns all intellectual property rights in the SellGlobal Content. Provided always that You are in strict compliance with the Purchasing Terms, SellGlobal grants to You a non-exclusive, non-transferable, royalty free, and revocable license to use the SellGlobal Content for the purposes of creating and maintaining Your Webpage.

4.2.3 You acknowledge that You have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.

4.3 You represent, warrant, and confirm that:

4.3.1 the Customer Content abides by SellGlobal’s Policy of Acceptable Use;

4.3.2 the Customer Content 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;

4.3.3 all Customer Content submitted by You to SellGlobal is not confidential; and

4.3.4 You have the right to publish the Customer Content without infringing the rights of any third party and without violating the law and all Customer Content submitted by You to SellGlobal does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and rights of privacy and there shall not be contained in or incorporated into the Content and each and every part thereof provided and to be provided by You hereunder, 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;

4.3.5 all Customer Content submitted by You to SellGlobal shall not be obscene and/or defamatory and shall not expose SellGlobal to any civil or criminal proceedings;

4.3.6 all Customer Content submitted by You to SellGlobal shall not be disparaging or prejudicial to or shall negatively affect SellGlobal, its reputation, and/or the exploitation of SellGlobal’s business;

4.3.7 all Customer Content submitted by You to SellGlobal shall not contravene any existing legislation

4.3.8 You are a licensed housing developer under the HDCLA, in the event that You are disseminating the Customer Content in Your capacity as a housing developer;

4.3.9 You are a licensed sales person under the VAEAA, in the event that you are disseminating the Customer Content in Your capacity as a real estate sales person, and that You have complied with the VAEAA and the VAEAR; and

4.3.10 You have complied with all applicable laws, rules and regulations in the publication of the Customer Content.

4.4 Disclaimers:

4.4.1 SellGlobal will not be responsible for the accuracy and/or functionality of the Customer Content in the form in which it is provided to SellGlobal or as modified upon and in accordance with Your instructions for inclusion on the Webpage.

4.4.2 SellGlobal will not be responsible for Your failure to provide any services being promoted on the Webpage.

4.4.3 You understand that SellGlobal does not undertake to review the Customer Content. The inclusion of the Customer Content by SellGlobal on the Webpage or the continuous availability of the Webpage to members of the public will not be deemed to constitute an acceptance by SellGlobal that such Webpage, Customer Content and any third party websites linked through the Webpage complies with the Purchasing Terms and the Policy of Acceptable Use.

4.5 SellGlobal reserves the right to takedown or remove access to any Webpage that does not comply with the Purchasing Terms, without notice or liability to You.

4.6 You will indemnify and hold harmless SellGlobal, its respective contractors, subcontractors, third party service providers, employees and agents of each of them, harmless from and against (a) any and all liabilities, actions, proceedings, claims, demands, judgements and expenses (including legal fees on a solicitor and own client basis) whatsoever which may be made against or suffered or incurred by them, individually and/or collectively, in consequence of any circumstance or allegation which, if assumed as true, would also constitute a breach of any covenant, agreement, obligation, representation or warranty or any breach of the aforesaid warranties or undertakings by You; and/or (b) any claim of ownership of the Customer Content, elements thereof, or rights in respect of same which is adverse to the rights and claims of SellGlobal hereunder. Your obligations under this Section 4.6 shall survive the termination of these Terms of Purchase or expiration of any Validity Period. For the avoidance of doubt, You shall also indemnify SellGlobal against any and all liability, loss, damage, costs and expenses which SellGlobal or a third party may incur or suffer whether direct or consequential (including but without limitation 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 SellGlobal by a third party alleging infringement of its intellectual property rights by reason of the use, exploitation, and/or publication of the Customer Content, including but not limited to the posting and/or transmission of Customer Content on the Webpage.

  1. EDM and SMS campaign

5.1 Section 5 (EDM and SMS Campaign) shall apply to all Products relating to the conduct of marketing services via EDM or SMS, as may be provided by SellGlobal from time to time.

5.2 You shall be responsible to check and endorse all Marketing Content and the accuracy and veracity of the same before it is sent. SellGlobal is unable to retract any Marketing Content that is sent.

5.3 You represent that:-

5.3.1 the Marketing Content abides by SellGlobal’s Policy of Acceptable Use;

5.3.2 You have the right to disseminate the Marketing Content without infringing the rights of any third party and without violating any law;

5.3.3 the Marketing Content 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;

5.3.4 You are a licensed housing developer under the HDCLA, in the event that You are disseminating the Content in Your capacity as a housing developer;

5.3.5 You are a licensed sales person under the VAEAA, in the event that You are disseminating the Content in Your capacity as a real estate sales person, and that You have complied with the VAEAA and the VAEAR; and

5.3.6 You have complied with all applicable laws, rules and regulations in the dissemination of the Marketing Content.

5.4 You grant to SellGlobal, a non-exclusive and non-transferable licence to edit, amend or otherwise correct the Marketing Content prior to dissemination.

5.5 You understand that SellGlobal does not undertake to review the Marketing Content. The dissemination of the Marketing Content or the continuous availability of the Marketing Content to members of the public will not be deemed to constitute an acceptance by SellGlobal that such Marketing Content complies with the Purchasing Terms and the Policy of Acceptable Use.

5.6 You will indemnify and hold harmless SellGlobal, its respective contractors, subcontractors, third party service providers, employees and agents of each of them, harmless from and against (a) any and all liabilities, actions, proceedings, claims, demands, judgements and expenses (including legal fees on a solicitor and own client basis) whatsoever which may be made against or suffered or incurred by them, individually and/or collectively, in consequence of any circumstance or allegation which, if assumed as true, would also constitute a breach of any covenant, agreement, obligation, representation or warranty or any breach of the aforesaid warranties or undertakings by You; and/or (b) any claim of ownership of the Marketing Content, elements thereof, or rights in respect of same which is adverse to the rights and claims of SellGlobal

hereunder. Your obligations under this Section 5.6 shall survive the termination of these Terms of Purchase or expiration of any Validity Period. For the avoidance of doubt, You shall also indemnify SellGlobal against any and all liability, loss, damage, costs and expenses which SellGlobal or a third party may incur or suffer whether direct or consequential (including but without limitation 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 SellGlobal by a third party alleging infringement of its intellectual property rights by reason of the use, exploitation, and/or publication of the Marketing Content, including but not limited to the dissemination of the Marketing Content.

  1. Newsletter Subscription

6.1 Section 6 (Newsletter Subscription) shall apply to all subscriptions to Newsletters that SellGlobal may publish from time to time.

6.2 Please ensure that all personal information that has been provided in the subscription of the Newsletter is true, accurate and current. SellGlobal is not liable for Your failure to receive the Newsletter in the event that such failure of receipt is due to an error in the personal information that You have provided.

6.3 In the event that You have subscribed for an online Newsletter, You shall be responsible for ensuring that the Newsletter gets to Your inbox, for example, by adding emails from SellGlobal to a “safe” list. SellGlobal shall not be responsible nor held liable for any loss or damage sustained by You as a consequence of any failure by You to ensure that the Newsletter is capable of being received by You.

6.4 In the event of a change in Your personal data, please notify SellGlobal of such change through such methods specified by SellGlobal as soon as possible, to ensure that You do not experience a disruption in Your receipt of the Newsletter. All changes to personal information shall take effect within five (5) business days from the date on which SellGlobal is notified. SellGlobal is not liable for Your failure to receive the Newsletter prior to the date on which the change to Your personal information takes effect.

  1. AgentNet access

7.1 This Section 7 (AgentNet Access) shall apply to all Accounts for the purposes of this Section 7 (AgentNet Access).

7.2 The Account is a personal account and may only be accessed by one (1) user.

7.3 The Account cannot be transferred to another user. You shall be liable for all transactions conducted using Your Account in the event that You disclose or share Your Account with another user.

7.4 You acknowledge that You are fully responsible for:-

7.4.1 maintaining the confidentiality of Your password; and

7.4.2 all activities that occur under Your Account.

7.5 SellGlobal reserves the right to access Your Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to You.

7.6 Your Account will only be activated when the Product that You have purchased has been fully paid for, and such payment has been verified by SellGlobal.

7.7 You understand that the Website may, from time to time, be undergoing maintenance and/or servicing. During such period, the Website and consequently, the Account, will be inaccessible.

7.8 All activities occurring under Your Account must be in compliance with the Policy of Acceptable Use and with all applicable laws, rules and regulations.

7.9 SellGlobal reserves the right to delete any Listing in Your Account that appears to be a test posting, recruitment, false, or otherwise insincere or non-serious Listing, without notice to You.

7.10 SellGlobal may, under certain circumstances and without prior notice to You, at its sole discretion, immediately terminate, or suspend for such period as SellGlobal may determine, Your Account and access to the Product that You have purchased. Cause for termination and suspension shall include without limitation:-

7.10.1 breaches or violations of the Purchasing Terms;

7.10.2 request by law enforcement or other government agencies;

7.10.3 self-initiated Account deletions;

7.10.4 infringement of intellectual property rights of others;

7.10.5 discontinuance or material modification to the services of the Website or part thereof;

7.10.6 unexpected technical or security issues or problem; or

7.10.7 extended periods of inactivity.

7.11 Termination or suspension of Your Account shall result in:-

7.11.1 removal of access to and barring of further use of all offerings of the Website and the Product;

7.11.2 forfeiture of all unutilised portions of the Product that You have purchased; and

7.11.3 deletion of Your password and all Account related information, files, and content associated with or inside Your Account (or part thereof).

7.12 Termination of Your Account shall be without prejudice to any other rights or remedies SellGlobal may be entitled to under the Purchasing 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. Virtual Tour Videography

8.1 Requests for Services to create Virtual Tour can be submitted to SellGlobal by email to admin@sellglobal.org or through such method as SellGlobal may specify from time to time. In submitting a request for Services, please provide the following information:

8.1.1 Your name and company; and

8.1.2 the address and floor plan of the property.

8.2 SellGlobal may at its sole discretion reject Your request for Services in the event that You do not provide the information required by SellGlobal.

8.3 Prior to commencement of the Services, SellGlobal, through its Videographer, will conduct an inspection of the property in Your presence and the presence of the owner of the property. The Videographer will evaluate the property and make his recommendations on the Services to be carried out.

8.4 Upon agreement of the work to be done, You will verify that the specifications and Order are correct before SellGlobal confirms and accepts Your Order. In the event that You cancel the request for Services after the inspection of the property has been carried out, You will be liable for any costs and expenses incurred by SellGlobal and the Videographer in carrying out the inspection of the property and/or preparing the Order.

8.5 You may indicate the preferred date(s) for the Videographer to carry out the relevant aspects of the Services which must be carried out in the property, subject to the availability of the Videographer. The Videographer will perform the Services in accordance with the specifications in the Order.

8.6 You shall be responsible for payment of all fees for the Services. SellGlobal reserves the right at its sole discretion to require You to make full or partial payment of the fees prior to the provision of the Services.

8.7 All payments for the Services shall be paid by telegraphic transfer to SellGlobal, or by any other mode of payment as notified by SellGlobal.

8.8 You will be responsible for obtaining the permissions required for SellGlobal, its contractors, sub-contractors, third party service providers, the Videographer, and their respective employees, agents or sub-contractors to enter upon the property for the purposes of inspecting the property pursuant to the request for Services and/or carrying out the Services.

8.9 Neither SellGlobal nor the Videographer shall be liable for any loss, damage, costs or expenses, arising directly or indirectly in connection with the performance of the Services, including, but not limited to, the failure of the Videographer, its employees, agents or sub-contractors to:

8.9.1 complete the Services in accordance with the specifications in the Order;

8.9.2 complete the Services by the deadline specified in the Order; or

8.9.3 ensure that the property and/or furniture in the property are protected from any damage that may arise from the performance of the Services.

8.10 You represent and warrant that You will:

8.10.1 not use the Services for any purpose, activity, or in any manner that is criminal, illegal or actionable;

8.10.2 not conceal or remove any trademarks, intellectual property rights, or rights management notices that have been placed by SellGlobal or the Videographer on the Virtual Tour; and

8.10.3 ensure that all uses of the Virtual Tour shall be in adherence to the Policy of Acceptable Use.

  1. Force Majeure

9.1 No failure or omission by SellGlobal to carry out its obligations or observe any of the stipulations or conditions of the Purchasing Terms, shall give rise to any claims against SellGlobal or be deemed a breach of the Purchasing 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 SellGlobal. Upon the occurrence of any event mentioned in this Section 9, SellGlobal shall for the duration of such event(s) be relieved of any obligation under the Purchasing Terms as is affected by the event(s) save that the provisions of the Purchasing Terms shall remain in force with regard to all other obligations under the Purchasing Terms which are not affected by the event(s).

  1. Governing Law

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

  1. Miscellaneous

11.1 The failure of SellGlobal to exercise or enforce any right or provision of the Purchasing Terms shall not constitute a waiver of such right or provision.

11.2 In the event that any provision of the Purchasing Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Purchasing Terms remain in full force and effect.

11.3 These Terms of Purchase may be amended or revised from time to time by SellGlobal without notice, and such amendment or revision shall be effective and binding upon posting onto the Website. It is therefore important for You to review the Terms of Purchase regularly to ensure You are updated as to any changes. Your continued use of the Website and/or any Product signifies Your agreement to and acceptance of any revised terms and conditions.

11.4 The headings and section titles in these Terms of Purchase are for convenience only and have no legal or contractual effect.