Terms of Use
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Introduction
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the IQI Website and/or the IQI Services. These Terms of Use and our Privacy Policy form the basis on which you may access and use the IQI Services including the IQI Website. By using the IQI Website and/or the IQI Services you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy (the Terms) and any other related terms of use. If you do not agree with these Terms of Use, you should stop using the IQI Website and/or the IQI Services immediately. -
Definitions
The following expressions shall, unless the otherwise expressly stated, have the following meaning:
Agreement means these Terms of Use.
Confidential Information means any information, whether oral or written, relating to the business of IQI or any of its Related Corporations.
IQI, Our, Us, We refers to IQI Realty Sdn Bhd and its Related Corporation(s).
IQI Website means https://www.iqiglobal.com/ and any other websites or other web address(es) as may be used and/or adopted by IQI from time to time.
IQI Systems means all online and/or mobile platform(s) and any other platforms maintained and operated by IQI where IQI provides services primarily to: (1) help consumers buy, sell or rent properties; (2) help sellers and landlords to find prospective purchasers/tenants to purchase or rent their properties through IQI’s Services; and (3) provide a platform for registered real estate agents to publish, modify, and manage their listings in furtherance of the purposes as set out in (1) and (2).
Related Corporations means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control.
IQI Services means any services and/or products and/or a combination of both provided by IQI, our Related Corporation(s), authorised agents, authorised affiliated partners or associate and shall include our “online” (e.g., IQI's Website, mobile applications of IQI System however accessed and/or used, whether via personal computers, mobile devices, tablets or otherwise) and “offline” (e.g, collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by IQI or any of its Related Corporations. Any references to “IQI Services” in the Terms of Use shall mean all the IQI Services or any of them as the context requires.
A reference to “person(s)” shall include any company, partnership, individual person, firm, joint venture, association, corporation, statutory body, unincorporated body of persons, trust, bureau, minister, agency, instrument, court, regulatory body, government or state, any authority or other body corporate and vice versa.
A reference to you or the user is a reference to a user of any of the IQI Website and/or the IQI Services.
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Agreement
- These Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and IQI.
- We recommend that you seek independent professional, legal, financial or real estate advice before engaging in any transactions generated from or arising out of the IQI Website and/or the IQI Services.
- These Terms of Use read together with the Privacy Policy shall constitute a valid and binding agreement made between you and IQI.
- We reserve all rights to change any or all of these Terms of Use at any time and we will post the updated and new Terms of Use on the IQI Website and/or the IQI Services. All changes are effective immediately and your continued use of the IQI Website and/or IQI Services after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. We reserve the right to refuse to provide our products and services to anyone at any time.
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User Warranties, Acknowledgements And Undertakings
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By using the IQI Website and/or the IQI Services, you hereby acknowledge, represent and warrant that:
- you are at least eighteen (18) years of age;
- you represent and warrant that you have read and fully understood all the terms and conditions contained herein and the Privacy Policy; and
- you have sought or will seek independent advice before engaging in any transactions generated from or arising out of the IQI Website and/or the IQI Services.
- You undertake to fully comply with the Terms of Use.
- You undertake to ensure that the mobile phone/device and/or computer used by you to access the IQI Website and/or IQI Services is legally owned, possessed or used by you at all times and you undertake not to allow any person other than you to access or manipulate the IQI Website and/or the IQI Services using your mobile phone, device and/or computer.
- You undertake to only use the IQI Website and/or the IQI Services for lawful purposes and the purpose for which it is intended.
- You acknowledge that all software programming contained in the IQI Website and/or the IQI Services (the Software) is owned by IQI and that any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software would infringe the intellectual property rights of IQI.
- You undertake not to: (i) modify, translate, create or attempt to create derivative copies of or copy of the Software; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the IQI Website and/or the IQI Services; (iii) use the IQI Website and/or the IQI Services in any way that violates these Terms of Use and (iv) use the IQI Website and/or the IQI Services in any manner which would infringe the intellectual property rights of IQI.
- You agree that you will not when using the IQI Website and/or IQI Services: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the IQI Website and/or the IQI Services; (c) send chain letters or pyramid schemes via the IQI Website and/or the IQI Services; or (d) attempt to gain unauthorised access to other computer systems through the IQI Website and/or the IQI Services. You agree that you will not use the IQI Website and/or the IQI Services in any manner that could damage, disable, overburden or impair the IQI Website and/or the IQI Services or interfere with any other party’s use and enjoyment of the IQI Website and/or the IQI Services.
- You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid (the Marks) contained on or in the IQI Website and/or the IQI Services (save and except for any marks of advertisers) are owned by IQI. You undertake not to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks without the prior written consent of IQI. You further undertake never to claim ownership or rights to the Marks.
- You acknowledge that the IQI Website and/or the IQI Services may contain links to websites operated by third parties (Third Party Websites). You further acknowledge that IQI does not have any influence or control over the Third Party Websites and is not responsible for such Third Party Websites. You are advised to check the terms of use and privacy policies of such Third Party Websites.
- You acknowledge that the IQI Website and/or IQI Services are provided on a reasonable efforts basis only and that IQI shall not be liable for any unavailability or malfunction of the IQI Website or IQI Services for any reason.
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By using the IQI Website and/or the IQI Services, you hereby acknowledge, represent and warrant that:
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Indemnity
You agree to fully indemnify, release, defend and hold IQI, its officers, directors, employees, affiliates, agents, licensors and representatives harmless from and against all claims, demands, lawsuits, liability, loss, judgments or other expenses (including, but not limited to, legal fees) suffered or incurred by IQI arising, directly or indirectly, from: (i) your use of (or failure to use) the IQI Website and/or the IQI Services; (ii) any reliance on the contents of the IQI Website or the IQI Services; (ii) your breach of the Terms of Use; (iii) your unauthorised use of the Software; and (iv) any improper, unauthorised or illegal uses of your mobile phone/device and/or computer used by you to access the IQI Website and/or IQI Services. -
IQI Disclaimers
- We do not warrant that the IQI Website and/or the IQI Services or the content therein will be available and accessible to you at all times.
- We make no warranty as to accuracy or reliability of any information, advice, opinion, statement of any content on the IQI Website and/or the IQI Services.
- IQI accepts no liability for any third party content which may be uploaded or otherwise presented on the IQI Website and/or the IQI Services. IQI also accepts no liability for any feedbacks, comments, suggestions, sharing, distribution and republication of any content uploaded or otherwise presented on the IQI Website and/or the IQI Services.
- Nothing contained in the IQI Website and/or the IQI Services shall be construed as an inducement to enter into any contractual arrangement with IQI or any of its Related Corporations.
- IQI and our directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from the IQI Website and/or the IQI Services.
- You expressly agree that use of the IQI Website and/or the IQI Services and reliance on its content is at your own risk. IQI does not make any representations or warranties of any kind regarding the IQI Website and/or the IQI Services, the Software, the content, or the results that may be obtained from use of any of the foregoing. The IQI website and/or the IQI Services are provided on an "as is, as available" basis, and IQI specifically disclaims any and all express or implied warranties.
- All warranties, representations, guarantees, conditions and terms other than those expressly set out in these Terms of Use, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from these Terms of Use.
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Limitation of Liability
IQI and its respective directors, employees, agents, affiliates and licensors shall in no event be liable for any damages or losses including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, or any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any loss resulting from or caused by the IQI Website and/or the IQI Services (and the content therein), the Software or these Terms of Use (including, without limitation, damages resulting from negligence) and/or any suspension, cancellation or termination or refusal of your use of the IQI Website, and/or the IQI Services or any content or material thereof. IQI will not be responsible for any losses arising out of the unauthorised use of your mobile phone/device and/or computer to access the IQI Website and/or IQ Services. -
Confidentiality
- You agree to keep the Confidential Information confidential and not to disclose it to any third parties without the prior written consent of IQI.
- IQI shall keep the Confidential Information confidential but it may disclose such Confidential Information to its Related Corporations and its directors, agents, employees, advisors, shareholders, banks, investors or any third party who acquires the business or assets of IQI in whole or in part.
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Miscellaneous
- These Terms of Use, and any non-contractual obligations arising out of or in connection with them, shall be governed and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms of Use (including as to the existence, validity, interpretation, performance, breach or termination thereof) or any dispute regarding non-contractual obligations arising out of or in connection with the Terms of Use will be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (the SIAC Rules) and the SIAC Rules are deemed incorporated into these Terms of Use by reference.
- Any term, condition, provision or undertaking in these Terms of Use which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability, without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void, or unenforceability any other term, condition, provision or undertaking herein contained.
- Failure by IQI to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use.
- Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between you and IQI.
- IQI may assign or novate all or part of our rights under these Terms of Use provided we ensure that your rights under these Terms of Use are not prejudiced. You may not assign or novate your rights or liabilities under these Terms of Use without our prior written consent.
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Google API Limited Use Disclosure
IQI Systems use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
Personal Data Protection Act Notice
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using the IQI Website and/or the IQI Services. These Terms of Use and our Privacy Policy form the basis on which you may access and use the IQI Services including the IQI Website. By using the IQI Website and/or the IQI Services you are deemed to have read, understood and accepted to be bound by the Terms of Use and our Privacy Policy (the Terms) and any other related terms of use. If you do not agree with these Terms of Use, you should stop using the IQI Website and/or the IQI Services immediately.
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Collection and processing of personal data
We have collected and will collect your personal data to be processed by us and/ or on your behalf in the course of your present or future dealings with IQI HOLDINGS SDN BHD (Company No. 1018842-U), its subsidiary(ies), its associated company(ies), its joint venture partners, including of all of its shareholder(s), its director(s), its employee(s), its supplier(s), its contractor(s) and/ or its permitted person(s) (“we”, “our”, “us” or “Company”). Your personal data enables us to achieve the Purpose in clause 3 herein that are in connection with our business. -
Description of personal data
The personal data that you will provide may include but not limited to your name, age, identity card number or passport number, address of correspondence, including office address, gender, date of birth, marital status, details of children and/or guardian(s), occupation, income range, contact information, including e-mail address, mobile number, house number, facsimile number, and office number, details of employer, details of dependants and/or family members, race, religion, nationality. -
Purpose
The collection and processing of personal data includes but not limited to the following purposes:-
Services & Products
- Facilitation of your project or sub-sale purchase, sale or rent including professional consultancy and advisory for project evaluation, project financing, market research, targeted property markets, secondary property market sales, rent and management either residential or commercial and international sales of property;
- Customer care and relationship management procedures;
- Client profiling activities in connection with our services whenever necessary only;
- Such other purposes provided for in our particular services or products offered by us;
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Agreements & Arrangements
- Entry of booking forms, sales form or other arrangement in order to book the property units we offer;
- Collection of outstanding payments from you under the booking/sale forms;
- Delivery of notice, documents, forms, and other documents under the bookingle forms;
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Internal Record
- Internal record keeping for the Purpose herein stated;
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External Communication & Marketing
- Marketing of property projects and/or property units to you whether present or future;
- Research, benchmarking and statistical analysis;
- Participation in our competitions or contests;
- Communication with you and delivery of information by e-mail and other telecommunication means, including telephone calls or text messages or social media about property projects and/or property units offered by Class Of Third Parties under clause 8 herein;
- Feedback and/or conduct surveys in relation to our services, property projects and/or project units.
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Legal & Compliance
- Prevention, hindrance, reporting of any crime including but not limited to fraud, bribery and money laundering; and
- Compliance to any legal or regulatory requirements relating to the provision of our services/ products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, order, by-law, guideline, circular, code applicable to us or any associated, subsidiary, related companies of our group.
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Sources
The sources that we may obtain your personal data includes but not limited to registration forms, sales forms, survey forms, sub-sale forms, booking forms, our marketing and sales agents and/or our website property advertising service providers, your participation in our contests, agreements you have signed, name cards or any identity materials that you have distributed voluntarily; and business directory(ies) or listing(s) that you have subscribed to to share your information. -
Use of Personal Data
Your personal data may be used for the following purposes:- to provide and maintain our service, including to monitor the usage of our website;
- for the performance of a contract: the development, compliance and undertaking of the purchase contract for the services, products or items you have purchased or of any other contract with us through the website;
- to get in touch: to get in touch with you by email, telephone calls, SMS or other equivalent forms of electronic communication, such as mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation;
- to manage your requests or complaints;
- for business transfers: we may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the data held by us about our service users is among the assets transferred;
- for other purposes: we may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, marketing and your experience.
- with service providers: we may share your personal information with service providers to monitor and analyze the use of our service, to contact you;
- for business transfers: we may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing or acquisition of all or a portion of our business to another party;
- with affiliates: we may share your information with our affiliates, in which case we will require those affiliates to honor our PDPA notice. Our affiliates shall include our parent company, and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us;
- with business partners: we may share your information with our business partners to offer you certain products, services or promotions;
- with other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a third-party social media service, your contacts on the third-party social media service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile;
- with your consent: we may disclose your personal information for any other purpose with your consent.
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Retention of your Personal Data
We will retain your personal data only for as long as is necessary for the purposes set out in this PDPA notice. We will retain and use your personal data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
We will also retain data for internal analysis purposes. -
Transfer of your Personal Data
Your information, including personal data, is processed at our operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to - and maintained on - computers located outside of your state, province country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Your consent to this PDPA notice followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this PDPA notice and no transfer of your personal data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. -
Delete your Personal Data
You have the right to delete or request that we assist in deleting the personal data that we have collected about you.
Our service may give you the ability to delete certain information about you from within the service.
You may update, amend, or delete your information at any time by signing into your account (where applicable), and visiting the account settings section that allows you to manage your personal information. You may also contact us to request access to, correct, or delete any personal information that you have provided to us.
Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so. -
Class of Third Parties
Your personal data with us will be kept confidential. You hereby consent and authorize us to disclose your personal data to the following categories of third parties:- our auditors, engineers, quantity surveyors, land surveyors, business consultants, accountants, lawyers or other professional advisers and/or consultants as we deem necessary and appropriate;
- our sub-contractors or third party service or product providers as we deem necessary or appropriate, including third party property management or marketing companies or entities;
- our associated, subsidiary or related companies;
- our business partners including online business affiliates, retailers, distributors, agents, merchant that provide, supply, distribute or deal in general with our services or products in connection with our business and in relation to our loyalty programs and other programs;
- any person to whom we are compelled to or required under law or in response to a local or state or federal authority, industry regulator, enforcement agency, statutory authority, court of laws, tribunal, arbitration centre, commission or council or association legally authorized by law.
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Security of your Personal Data
You should ensure that all your personal data furnished to us is accurate, complete, not misleading and up-to-date, otherwise, we may not be able to process your personal data for the specified Purpose in the most accurate manner. -
Your Rights
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Right to request access to personal data
You may request access to your personal data that is held and/or processed by us given reasonable notice. We will charge a nominal prescribed fee for your request. Upon your payment on the same together with your written request to us, we will endeavour to provide you a copy of your personal data in hardcopy or via email held and/or processed by us within twenty-one (21) days from our receipt of your said request. -
Right to request correction of personal data
Please check your personal data when you receive a copy from us. If you find any of your personal data that is held and/or processed by us is inaccurate, incomplete, misleading or otherwise out-of-date, you may request the correction of your personal data. We will endeavour to make the correction to the said personal data and thereafter provide you a copy of the personal data so corrected within twenty-one (21) days from our receipt of your said request. -
Right to limit processing of your personal data
You may limit our processing of your personal data by expressly withdrawing in full your consent given previously, in each case, including for direct marketing purposes subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.
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Contact to make inquiries and complaints regarding personal data
If you intend to exercise your rights in clause 7 or to make inquiries or complaints regarding your personal data, our policies, procedures in relation to processing your personal data, you may contact the relevant department as follows:Department Personal Data Protection Officer Contact No. +(60)3 7453 5155 Fax No. +(60)3 7453 5155 E-mail address pdpa@iqi-group.com Postal address 26th - 28th Floor, Tower D, Millerz Square, No. 357, Jalan Kelang Lama, 58000 Kuala Lumpur, Malaysia
Refund Policy
Thank you for joining Team IQI. Our effort, preparations and investments are here to provide you a solid ground before you start your new career. We would like to guide you to the process from beginning to end and aim that you remain involved. Hence we want to acquaint you about our terms and conditions related to your training and e-tickets.
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Training
Once we receive your admission fee for the training, a total package will be offered to you which will be your first investment to your career at IQI. As we have to pay for outside trainers, once your training is confirmed, the fees are non-refundable. In some circumstances, it may be possible to postpone the training session -
E-tickets
At IQI we want to offer you the opportunity to attend events and special occasions. Therefore we have a ticket service for our agents. As we have to provision services and costs, the cost of any e-tickets are non-refundable.
For any further questions you can always contact us on the following contact details below:
| Contact No. | +(60)3 7453 5155 |
| E-mail address | info@iqiglobal.com |
Changes to these Terms & Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
Last modified: 22nd of June, 2023
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Privacy Policy
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