Terms of Use

Last Updated : 14 June 2023

1. General

  • The terms and conditions set out in this Terms of Use (these “Terms”), govern the access to and use of this website at www.propelglobal.com.my (the “Website”) by PROPEL GLOBAL BERHAD (“PGB”, “we”, “us”, “our”).
  • These Terms govern all users of the Website (collectively “Users” and each a “User”, “you”, “your”, “yours”) and constitute a legal and binding agreement between each User and PGB. By using or otherwise accessing the Website, you are confirming that you have read, understood and agreed to these Terms.
  • We reserve the right, in our sole discretion, to vary any parts of these Terms at any time. You should periodically visit this page to review the current Terms so that you are aware of any revision to which you are bound. If we do this, we will post the changes on the Website and update the “Last Updated” date at the top of this page. Your continued use of the Website after any such changes constitutes your acceptance of the latest terms and conditions. However, any changes will not apply retrospectively.
  • The access to or use of certain areas and features of the Website may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, as published on the Website or via separate agreement in writing. All such separate policies, standards or guidelines, or additional terms and conditions, are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the additional terms and conditions, the latter terms and conditions will take precedence, unless otherwise specified.

2. Definitions and Interpretation

  • In these Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:

    “Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third-Party Resources, displayed, published or made available through the Website;

    “Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Website and/or Content;
  • References to Clauses are to the clauses of these Terms.
  • The headings are for convenience only and shall not affect the interpretation of these Terms.
  • Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.

3. Eligibility To Use

  • Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Website. By accessing or using the Website, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are accessing or using the Website for and on behalf of a corporate entity, you represent and warrant that you have the requisite power and authority to bind such corporate entity to these Terms.
  • For transparency and fraud prevention purposes, and to the extent permitted by law, we may, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.

4. Right of Use, Obligations and Restrictions

  • You must at all times comply with any instructions in relating to the use of the Website as we may determine and publish on the Website from time to time. Any rights not expressly granted herein are reserved by us.
  • Access to and use of the Website may be limited in scope to certain geographical territories. Therefore, we do not guarantee that the Website is necessarily available in your location. Where we set out the territories in which the Website is available, you may not use the Website outside of those territories.
  • You may only use the Website in compliance with applicable laws and for legitimate purposes. You agree to comply with these Terms, all local rules and laws regarding your use of the Website, including your online conduct that is applicable in your jurisdiction.
  • In using the Website and/or Content, you undertake that you will not:
    a) use the Website for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or these Terms;
    b) use the Website in any manner that could damage, disable or impair our server, or interfere with other Users’ access or use of the Website and security related feature of the Website;
    c) do anything or cause an action to be done resulting in the infringement or violation of our Intellectual Property Rights;
    d) interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, or circumvent any technology used to protect the Website; and/or
    e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.
  • We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates the above provisions, including without limitation, reporting them to the law enforcement authorities.

5. Updates, Modifications and Availability

  • We may modify or upgrade the features and functionality of the Website from time to time, and reserve the right to make upgrades, updates, modifications and changes as we deem fit in our sole discretion. You understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of our function or feature thereof. In this regard, you acknowledge and agree that we assume no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation.
  • Notwithstanding anything contained in these Terms, we reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

6. Intellectual Property

  • The Content underlying the Website is the property of PGB and/or our licensors, and is protected by copyright and/or other intellectual property rights. Except as expressly authorised by us, you agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website and/or Content, in whole or in part. Any uses of the Website and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by PGB.
  • You acknowledge that by using the Website, you will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Website granted to you pursuant to these Terms. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade or service marks displayed on the Website without our prior written permission in each instance. All goodwill generated from the use of the Website and/or Content will inure to PGB’s exclusive benefit.

7. Third Party Resources

  • The Website may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by us. Links to Third Party Resources do not constitute an endorsement or recommendation by PGB of such Third-Party Resources.
  • When you access Third Party Resources, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third-Party Resources relating to your use of their services and that you will act in accordance with those policies, in addition to your obligations under these Terms. You expressly relieve and hold PGB harmless from any and all liability arising from your use of any Third-Party Resources.

8. Disclaimers

  • These Terms set out the full extent of our obligations and liabilities in respect of the Website.
  • PGB PROVIDES THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" USERS AGREE THAT USE OF THE WEBSITE IS AT THEIR SOLE RISK. PGB CANNOT ENSURE THAT ANY CONTENT YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PGB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, (I) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) THAT THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, AND (III) THE ACCURACY OR TRUTHFULNESS OF ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PGB OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • If you are dissatisfied with the Website, or do not agree with any part of these Terms, or have any other dispute or claim with or against PGB with respect to these Terms or the Website, your sole recourse is to discontinue use of the Website.

9. Exclusion and Limitation of Liability

  • TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PGB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OR LIABILITIES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR THE WEBSITE OR CONTENT OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION, COMPUTER VIRUS, THEFT OR DESTRUCTION OF OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT PGB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES.
  • Nothing in these Terms shall limit or exclude (i) any liability that cannot be excluded by law, or (ii) your statutory rights.

10. Indemnity and Release

Users hereby agree to indemnify PGB, including our directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from their use of the Website and/or Content save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of these Terms by the Indemnified Parties.

11. Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provision of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

12. Governing Law and Jurisdictions

Irrespective of the country from which you access or use the Website, to the extent permitted by law, these Terms and your use of the Website shall be governed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, and you hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with these Terms.

13. Customer Support

We aim to provide Users high standard of experience while using our Website and welcome enquiries relating to your use of the Website or other questions relating to these Terms. Our customer support can be reached by email at info@propelglobal.com.my