1. By accessing, using, or continuing to access and use the Website, the User signifies that he has read, understood and agreed to be bound by these Terms regardless of whether the User is a registered member of the Website.
  2. These Terms of Use constitute a legal document between you, as the user of the Website, and Property Monster, as the owner of the Website. Throughout these Terms of Use references to we/our/us are to Property Monster and references to you/your are to you as the user of the Website.
  1. Definitions

    • Website which means the website that you are currently using (http://propertymonster.co/) and any sub-domains of this site unless expressly excluded by their own terms of service.
    • Terms of Use refers to this document.
    • Privacy Policy means the privacy policy of the Website (available at Privacy Policy).
    • Property Monster is the trading name of  Property Monster , a private limited company registered in Malaysia under registration number 1219162-P and at office Unit 7-1,Wisma Genting (New Wing), No 28 Jalan Sultan Ismail, 50250 Kuala Lumpur, Malaysia
  2. Application

    These Terms of Use set out the general terms governing your use of the Website. They apply to you as soon as you first use the Website, and you are deemed to have agreed to be bound by them upon your first use of the Website. If you do not wish to continue to be bound by these Terms of Use then please stop using the Website immediately.

  3. Eligibility

    This Website is intended solely for Users:

    • in the case of individual Users, who are of full age and of sound mind, and any registration by, use of or access to the Website by anyone under 18 years of age is void, unauthorised, unlicensed and in violation of these Terms of Use. By using the Website, the User represents and warrants that the User is of full age and of sound mind, and that the User agrees to and to abide by all of the terms and conditions herein; and
    • in the case of corporate Users, the User represents that it is a legal entity duly incorporated in accordance with the laws of the place of its incorporation, and have full power, authority and legal right to use and access the Website, and the User agrees to and abide by all the terms herein.
  4. Intellectual Property

    All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, are the proprietary property of Propery Monster , our affiliates or third parties with whom we do business. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Property Monster.

  5. Relationship to Other Agreements

    In addition to these Terms of Use, our Privacy Policy applies to you and everyone else who uses the Website. Both the Terms of Use and Privacy Policy are together referred to as the “Website Agreements”.

    There are a number of other documents that you may choose to be bound by during the course of your use of the Website. For example if you wish to invest in a property on the Website you will need to agree a set of investment documents that include: (i) Investor Terms and Conditions, (ii) Trust Deed and Mandate and (iii) Management Agreement. We refer to these documents as the “Investment Agreements”. The Investment Agreements set out the terms that govern your investment in a property on the Website and your relationship with us, and our affiliates, when you invest in a property on our Website. These Terms of Use however govern your technical use of the Website.

    The Website Agreements will continue to apply to you even after you have agreed to the Investment Agreements. If there is a conflict between the Investment Agreements that you have agreed to and the Website Agreements, the Investment Agreements will take precedence.

  6. Account Security

    In consideration of the User’s use of the Website, the User agrees to:

    • provide true, accurate, current and complete information about the User as may be prompted by any forms on the Website
    • maintain and safeguard the security of the User’s login details to login and access the Website;
    • not to misuse the Website to the detriment of the Brickvestor and the Website;
    • ensure that only the User shall have access to the Website using the User’s login details;
    • maintain and promptly update your personal account details, and any other information the User provide to Property Monster, to keep it accurate, current and complete; and
    • be fully responsible for all use of the User’s account and for any actions that take place using the User’s account.
  7. Consent to Electronic Transactions and Disclosures

    Because Property Monster operates largely on the Internet, the User shall consent to transact business with Property Monster online and electronically.

    Property Monster (or a third-party servicer or escrow provider that Property Monster may retain) may receive payments, and makes all disbursements, through certified check, online transfer or electronic funds transfers using the bank (or other financial institution) account information provided by the User. The User shall authorize such bank or other financial account to pay any amounts the User agrees to invest, and authorize Property Monster (or any such third-party servicer or escrow provider) to make any and all investment disbursements, to such account. The User agrees to provide the Property Monster updated information regarding the User’s bank or other account upon Property Monsters  request and at any time that the information earlier provided is no longer valid.

    As part of doing business with Property Monster, the User must also consent to the provision of certain disclosures electronically, either via the Website or to the email address provided by the User. By agreeing to these Terms of Use, the User agrees to receive electronically all documents, communications, notices, contracts, and agreements, schedules or information statements, arising from or relating to the User’s account registration, any investments the User may make, and the User’s use of the Website.

    The User may not withdraw such consent as long as the User has any outstanding investments made through the Website. If the User has no outstanding investments made through the Website and wish to withdraw its consent to doing business electronically, Property Monster will terminate the User’s registered user account on the Website.

    The User also expressly consents to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Property Monster, its affiliates, marketing partners, agents and others calling at their request or on their behalf, at any telephone numbers that the User has provided or may provide in the future.

  8. Disclaimers

    Except as explicitly stated in the Investment Agreements, you need to be aware that:

    • We make no guarantee of any specific results from entering into an investment in a property on the Website including any net income and/or the capital return realized.
    • The investments on this Website may not be suitable for all investors and if you are in any doubt as to the suitability of the investments, you should seek independent financial advice.
    • No part of this Website is intended to constitute investment or tax advice, and it is your responsibility to ensure that you have undertaken all the necessary due diligence prior to making an investment.
    • The Website is provided “as is” and on an “as available” basis, and we give no warranty that it will be free of defects and/or faults.
    • We make no warranty or representation (express or implied) that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure or that all information provided will be accurate.
    • We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Website or any information contained in it, to the maximum extent permitted by law.
    • You use the Website and its Content at your own risk.
    • We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, communications network failure, power failure, host equipment failure, ISP (internet service provider) equipment failure, natural events, acts of war, or legal restrictions and censorship.
  9. Revisions

    We may update these Terms of Use from time to time to reflect any changes in law or for any other reason. If we do update these Terms of Use, we will upload a new version to the Website and as soon as you use the Website after they have been uploaded, you will be deemed to have agreed to the updated version. You will still be bound by the previous Terms of Use that you have, or deemed to have, agreed to. If there is a conflict between any versions of the Terms of Use to which you have agreed, or deemed to have agreed to, the most recent version shall take precedence unless it is expressly stated otherwise.

  10. Severability

    If any of the provisions or clauses are found to be unlawful, invalid or otherwise unenforceable, that provision or clause is deemed to be severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This clause on “Severability” shall only apply within the jurisdictions where a particular term is illegal.

  11. No Waiver

    In the event that either you or we fail to exercise any right or remedy contained in these Terms of Use, that does not mean that you or we have waived that right or remedy and so shall not be construed as a waiver.

  12. Contact

    If you wish to contact us about these Terms of Use, you may do so by sending us an email to info@propertymonster.com.my

  13. Governing Law

    These Terms of Service shall be governed by and construed and interpreted in accordance with the laws of Malaysia. In addition you and we hereby submit to the exclusive jurisdiction of the courts of Malaysia.