Terms of Purchase – MalaysiaGoodProperty
Effective Date: [ Insert Date]
Last Updated: [ Insert Date ]
These Terms of Purchase (“Terms”) govern your purchase of products or services from MalaysiaGoodProperty (hereafter “we”, “us”, “our”, or the “Company”). By entering into a Sales Order, subscribing for, activating or using our products or services, you (the “Customer”) agree to be bound by these Terms.
1. Definitions
In these Terms:
- “Customer” or “you/your” means the person or entity purchasing the Products/Services from us.
- “Sales Order” means the order form, subscription agreement or similar document executed by you and the Company, specifying the Products/Services, fees, validity period and other relevant details.
- “Products/Services” means the goods and/or services, digital or otherwise, as set out in the Sales Order.
- “Validity Period” means the period during which the Products/Services shall be valid, as described in the Sales Order.
- “Terms of Service” refers to the general usage terms applicable to the Products/Services, as may be set out in a separate Terms of Service document.
- Other defined terms shall have the meaning given in the Sales Order or these Terms.
2. Scope of Terms
These Terms apply in addition to any Sales Order and the Terms of Service. In the event of any inconsistency, the order of precedence shall be: (i) the Sales Order; (ii) these Terms of Purchase; (iii) the Terms of Service.
3. Validity and Commencement
- The Agreement takes effect on the earlier of: (a) the date you sign or approve the Sales Order; (b) the date you commence using any of the Products/Services.
- Unless otherwise specified, the Products/Services will remain valid for the Validity Period as indicated in the Sales Order. After expiry, services will cease unless renewed.
4. Fees, Payment & Billing
- You shall pay the fees specified in the Sales Order (non-refundable unless expressly stated).
- All payments are due in the currency and by the payment method set out in the Sales Order.
- If payment is not received by the due date, we may suspend or terminate the Products/Services, and you will remain liable for all unpaid amounts.
- Any taxes (such as GST/SST/VAT) applicable shall be borne by you unless otherwise indicated.
5. Use of Products/Services
- You shall use the Products/Services only for legitimate purposes in accordance with our Terms of Service and acceptable use policies.
- You shall not transfer, resell or otherwise make available the Products/Services to any third party without our prior written consent.
- We reserve the right to amend, suspend or discontinue the Products/Services or any component thereof at our sole discretion (with or without notice) but we will endeavour to give reasonable notice where practicable.
6. Intellectual Property & Ownership
- All intellectual property rights in and to the Products/Services (including any software, documentation, data, reports, methodologies) remain with the Company or our licensors.
- Except as expressly permitted in the Sales Order or these Terms, you acquire no rights other than the right to use the Products/Services during the Validity Period.
7. Confidentiality & Data
- Unless otherwise stated, data or information you provide to us may be processed as described in our Privacy Statement.
- You warrant that you have the right to provide any materials or data submitted, and that such submission does not infringe any third-party rights.
8. Termination & Suspension
- We may suspend or terminate the Products/Services (or your access) if you breach these Terms, the Terms of Service or any applicable law.
- Upon termination or expiry of the Validity Period, you must cease using the Products/Services and destroy or return any related materials we request.
- Termination shall not affect accrued rights or liabilities.
9. Limitation of Liability
- To the maximum extent permitted by law, neither the Company nor its affiliates, officers or employees shall be liable for any indirect, incidental, consequential or punitive damages arising out of or in connection with the Products/Services or these Terms.
- Our total liability for any claim under these Terms shall not exceed the amount of fees paid by you under the pertinent Sales Order in the twelve (12) months preceding the event giving rise to the liability.
10. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [State/Country, e.g., Malaysia]. The parties submit to the exclusive jurisdiction of the courts of [State/Country] for any dispute arising out of or relating to these Terms.
11. Amendments
We reserve the right to modify these Terms at any time by posting updated versions on our website or otherwise notifying you. Your continued use of the Products/Services after such notice constitutes acceptance of the amended Terms.
12. Contact
If you have any questions about these Terms, please contact our customer support team via the “Contact Us” page on our website.