DAX Venture | Terms of Use

Welcome to DAX Venture. The following DAX Venture’s Terms of Use are between you and DAX Venture Sdn Bhd and its affiliates ("DAX Venture") and constitute a legal agreement that governs your use of the DAX Venture product, software, services and related websites (collectively referred to as the "Service"). DAX Venture offers you access to the Service conditioned on your acceptance of these DAX Venture Terms of Use, including your agreement to the Privacy Statement.

This is a mobile and electronic platform for, amongst others, Landlords and Tenants to connect with each other.

This terms of use governs your access to and use of the Platform.

By accessing and/or using this Platform, you are deemed to have read, understood and agreed to be bound by the terms and conditions contained herein. If you do not agree to any of these terms, you shall immediately cease accessing and/or using this Platform.

1. Definition
“Confidential Information” shall mean any information disclosed or made available to you by the Company, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information which we disclose or make available to you.

“Company” shall mean DAX Venture Sdn Bhd (Company No. 201801021063 [1283082-U]) and/or its subsidiaries

“Landlord” shall mean the legal owner of his/her/its property posted on the Platform

“Platform” shall mean all websites, mobile sites, mobile applications and etc. owned and/or managed by the Company.

“Tenant” shall mean a person or company who occupies the property rented from a Landlord.

“Third Party Application” shall mean any website, mobile site, electronic application and etc. that does not belong to the Company.

2. Use of Platform

You may be able to access and/or use the Platform without registration. However, if you choose not to register with us, you may not be able to access and/or use certain part of the Platform. In order to utillise all functions provided in the Platform, you are required to register for an account by providing, amongst others, your name, email address and password.
The Company reserve the absolute right to reject any registration of, or cancel an account without prior notice and as the Company deem fit.
By accessing and/or using this Platform, you may, amongst others:-
1. access to a variety of property related information such as property related information, profiles, advertisements, tools and widgets;
2. search and browse for properties posted in the Platform;
3. post property advertisements onto the Platform;
4. post information, images, pictures, data, text, photographs, graphics, video, messages, and/or other materials; and
5. enter into a tenancy arrangement.
By accessing and/or using this Platform, you shall not, amongst others:-
1. authorize any third party to use your registered account;
2. assign your registered account to any third party;
3. use the Platform for sending or storing any unlawful material or for fraudulent purposes;
4. use the Platform to cause nuisance, annoyance, inconvenience or make fake postings;
5. impair the proper operation of the Platform;
6. harm the Platform in any way whatsoever; and
7. copy, or distribute the content of the Platform without written permission from the Company.

3. Payments
In the event if the Landlord successfully found a Tenant or vice-verse via this Platform, the Tenant hereby agrees to pay and the Landlord accepts that all payments, including but not limited to the monthly rental, shall be via the Company. The Landlord hereby irrevocably instructs that the Company utilising funds belonging to the Landlord to pay:-

to the Insurer an amount equivalent to half of the monthly rental as insurance premium; and
to the Company an amount equivalent to half of the monthly rental as the platform usage fee.

4. Consent
By using this Platform and providing us with your personal information, you shall deem to have given us consent to conduct searches and various checks on you, including but not limited to credit checks, insolvency checks, anti-money laundering checks, general conduct whist using the Platform (ie. chat behavior) and etc.

5. Confidentiality
You hereby agree to accept the Company's Confidential Information which we disclosed or made available to you on a confidential basis.

You acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.

5A. Privacy Policy
We shall not perform or caused to be performed any act which violates the Personal Data Protection Act 2010 (including their subsidiary legislations and guidelines) (“PDPA 2010”) and shall exercise a reasonable degree of skill, due diligence, prudence and foresight to comply with all principles set out herein including, registering itself with the Personal Data Protection Commissioner of Malaysia as data user (if required), having in place adequate and reasonable procedures, protection and measures and continue to keep such procedures, protections and measures in place, in order to maintain the confidentiality and prevent unauthorized use and unauthorized disclosure of any personal data which came into possession of the Company.

6. Warranties
You hereby warrant, represent and covenant that you shall:-

only access the Platform using authorised and legal means;
have the legal right and authority to operate your registered account and to enter into any agreement;
use the Platform for lawful purposes;
use the Platform for the purpose for which it is intended to be used;
use the Platform for own use and shall not use this Platform as a tool to provide any services to a third party;
keep secure and confidential your own account password or any identification provided to you which allows access to the Platform;
provide to the Company with any proof of identity of which the Company may reasonably request or require;
provide accurate, current and complete information as required for the Platform and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times; and
allow the Company and/or Insurer the right to perform any checks (including but not limited to Landlords) for anti-money laundering and countering financing of terrorism and/or its related matters

7. Limitation of Liability & Disclaimer

You expressly agree that the Company, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be held liable for any loss of profits, data or for any other indirect, special, incidental, punitive, consequential damages or other intangible losses, however caused, and under whatever cause of action for any liability, even if we have been advised of the possibility of such damages, resulting from: -
1. your access to or use of or inability to access or use of the Platform;
2. any conduct or content of any third party on this Platform, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
3. any content and/or information obtained from the Platform; and
4. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), whether or not the Company have been informed of the possibility of such damage.
You understand that it is not the obligation of the Company to identify any user.
You understand that this Platform serves to facilitate Landlord to rent out their properties to the prospective Tenants directly and vice-versa under the “for rent by owner” concept.
Landlord understand that they shall also purchase insurance coverage for the purposes of protecting their rental payments as well as their properties.
The parties understand that the Landlord shall instruct the Tenant to pay to the Company, as stakeholder, all monies due and owing to the Landlord via the Platform (“Stakeholder Sum”).
The parties understand that all matters relating to the insurance coverage are subject to the Insurer's decision and the Insurer’s decision shall be final.
Parties understands and agrees that Landlord is liable and obliged to pay for all relevant taxes including but not limited to service tax and stamp duty.
The parties understand and agrees that the Company shall charge a Platform fee and such fees and all deductibles shall be deducted from the Stakeholder Sum and the balance Stakeholder Sum shall be paid to the Landlord.

8. Indemnity
You hereby agree to indemnify and keep the Company fully indemnified against all claims or demands, including but not limited to solicitors' fees (solicitor-client basis), made by any third party due to any fault attributable to you.

9. Intellectual Property
You hereby acknowledge that the Company owns all right, title and interest, including without limitation to all intellectual property rights in the Platform.

You shall not modify, adapt, translate, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from our Platform or create or attempt to create a substitute or similar service or product through use of or access to the Platform.

10. Advertising & Promotions
The Platform will send emails and or other means to notify you on the on-going activities on the Platform or to inform you about new products and/or services provided by the Company.

11. Notices
The Company may give notice by means of a general notice on the Platform, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post.

Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email).

You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company.

12. Third Party Application
This Platform may contain links to third-party web sites, mobile sites, application and etc. You shall use and/or access to Third Party Application at your own risk. The Company is not obliged to monitor and do not have any control over, and make no claim or representation regarding Third Party Application.

13. Suspension & Termination

The Company reserves the right to suspend or terminate your access to all or any part of the Platform at any time and in any manner as the Company deem fit.
Upon cancellation of your policy with the Insurer, the services provided by the Company will also be terminated.

14. No Partnership
No agency, partnership, joint venture or employee-employer relationship is intended or created by this terms of use.

15. Governing Laws
This terms of use shall be governed by the laws of Malaysia.

16. Amendments & Alterations
The Company reserves the right to change this terms of use from time to time. The Company may change any or all aspects of the services provided by the Platform at any time and without notice.
Last updated 06 December 2018