LEGAL DEPARTMENT

Your use of ZeroHero website at www.zerohero.com.my and the Online Platform is governed by these Terms of Use.

This document sets out the Terms and Conditions (“Terms”) on which ZeroHero Sdn. Bhd. (1345295-M) . (“ZeroHero”, “we” or “us”) operates and provides customers with access and use of the ZeroHero mobile application software program (“App”) and the www.zerohero.com.my website (“Website”). The term “you” refers to the user or viewer of the App and/or Website.

The App and Website are hereinafter collectively referred to as “ZeroHero”.

If any future changes are unacceptable to you, you should discontinue using the systems and services. By continue using or following the services will indicate your acceptance of these terms and of any such changes.

KEY TERMS & DEFINITIONS

“Content” means all text, graphics, images, music, software (excluding the App), audio, video, information, data, or other materials uploaded, downloaded or appearing on the Services.

“Guest” means a user who does not create an account with ZeroHero and is not a Member.

“Owner” means a Member who creates an advertisement Listing for sale on ZeroHero

“Buyer” means the purchaser of the Property.

“Landlord” means a Member who creates an advertisement Listing for rent on ZeroHero

“Tenant” means the occupant of a Landlord’s property

“Listing” means descriptions of properties that are listed on ZeroHero.my as available for sale or rental via ZeroHero

“HERO” means Property Service Expert who assists home owners on property advertisement consultation, providing professional photography, runner and helper services

“Member” means a user who completes the account registration process in accordance with Clause 6 below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, or includes in their Listing or Member profile to ZeroHero Properties or made available through ZeroHero.

“ZeroHero Content” means all Content that ZeroHero Properties makes available through ZeroHero to Guests and Members including any content licensed from a third party, but excluding Member Content.

“Services” means the features available under the App and Website including browsing, posting, managing Listings and messaging.

A reference to "person" shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, syndicate or other business enterprise, any governmental, administrative or regulatory authority or agency, and their respective successors, legal personal representatives and assigns, as the case may be, and pronouns shall have a similarly extended meaning.

1. ACCEPTANCE OF TERMS

• 1.1.There are rules and standards that you must abide by in connection with your use of the platform. By using and accessing ZeroHero, you confirm and acknowledge that you have read, understood and agreed to the Terms which will bind you, whether you are a Guest or a Member. The Terms include our Privacy Policy.
• 1.2.ZeroHero has the right to amend these Terms at any time and without prior notice or liability to you. Such amendments will be effective immediately and shall apply to any information you provide, or your use of the Services. Your use and access of ZeroHero after the amendments to these Terms will constitute your acceptance to the terms and conditions, as modified.
• 1.3.ZeroHero has the right to enforce these guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your account violate these terms, ZeroHero may take any and all actions deems necessary or appropriate. ZeroHero are not required to provide notice prior to terminate your right to use the Systems for violating these terms, but it may choose to do so.

2. CHANGES TO OUR SERVICES

• 2.1.The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice.
• 2.2.We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
• 2.3.And while we do our best effort in maintaining the accuracy of the Contents featured on ZeroHero, we make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.

3. ACCESSING OUR ONLINE PLATFORM

• 3.1.Our Online Platform are made available to access once you have register.
• 3.2.We do not guarantee that our Online Platform, or any content, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Online Platform without notice. We will not be liable to you if for any reason our Online Platform are unavailable at any time or for any period.
• 3.3.When accessing our Online Platform, you are deemed to have full knowledge of these terms and conditions.

4. ZeroHero APP

• 4.1.ZeroHero makes available an App to access the platform via a mobile device. To use the App, you must have a mobile device that is compatible with the mobile service. ZeroHero does not warrant that the App will be compatible with your mobile device.
• 4.2.Subject to your acceptance with these Terms, we grant you a non-exclusive and non-transferable, revocable license to:
  • 4.2.1.Access and view any ZeroHero Properties Content solely for your personal use.
  • 4.2.2. Access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
• 4.3.You may not:
  • 4.3.1.Modify, disassemble, decompile or reverse engineer the App;
  • 4.3.2.Rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party;
  • 4.3.3.Make any copies of the App;
  • 4.3.4.Remove, circumvent, disable, damage or otherwise interfere with security- related features of the App.
  • 4.3.5.Delete the copyright and other proprietary rights notices on the App.
• 4.4.You are bound to all terms set out by your mobile device App Store(iOS App or Android App).

5. GENERAL USE RESTRICTIONS

• 5.1.You agree that you shall not:
  • 5.1.1.Use racially, ethnically, or otherwise offensive language.
  • 5.1.2.Pretend to be anyone, or any entity, misrepresent yourself as another person, entity, another User, a ZeroHero employee, or otherwise misrepresent your affiliation with a person or entity.
  • 5.1.3.Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • 5.1.4.Post anything contrary to our public image, goodwill or reputation.
  • 5.1.5.Plan or engage in any illegal activity; and/or
  • 5.1.6.Gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.

6. ACCOUNT REGISTRATION

• 6.1.In order to access all of the Services on the Online Platform, you will need to register on www.zerohero.my.
• 6.2.You must provide accurate information about yourself and agree to our verification process.
• 6.3.You are not allowed to set up multiple ZeroHero Accounts. If we have reason to believe that you have done so, we reserve the right to take all steps in accordance with Clause 6.10.
• 6.4.You should keep all your Account information, user names and passwords and not to disclose the details to anyone.
• 6.5.Users below the age of 18 years are not eligible to use ZeroHero or provide any information or personal particulars to ZeroHero unsupervised. If you are below 18 years of age, you may use ZeroHero and/or provide any information or personal particulars on ZeroHero only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
• 6.6.You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. ZeroHero Properties Sdn Bhd cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
• 6.7.We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Service.
• 6.8.We do not verify the accuracy, correctness or completeness, or edit and modify any Member Content or any Content created, used, or submitted by you on ZeroHero to determine whether it may result in any liability to any third party. You hereby warrant that you have the right to use all such Content and use of such Content does not infringe on any third party’s intellectual property rights.
• 6.9ZeroHero Properties’s verification and security procedures do not constitute an endorsement, certification, or guarantee of any Member, Member’s Content, or Listing, including of the Member’s identity and whether the Member is trustworthy, safe, or suitable.

7. WARRANTIES AND DISCLAIMERS

• 7.1.You agree that your use of the platform is at your sole risk.
• 7.2.You agree to pay the fees in full for the services provided by ZeroHero and selected by you on ZeroHero and that you will pay such sums before the service commence.
• 7.3.You are responsible for setting the final sale and let price for your property. ZeroHero will not be liable for any incorrect pricing.
• 7.4.If you have a contractual agreement with an estate agent or any other party, you are solely responsible for adhering to the terms of such agreement. ZeroHero will not be liable for any breach of that agreement.
• 7.5.ZeroHero will not be liable for any transactions, which is not conducted through ZeroHero.
• 7.6.Our website may contain links to other sites (the "Linked Sites"). We are not responsible for the privacy policies or practices of such other Linked Sites. We encourage our users to be aware when leaving our website to read the privacy policies or statements of each Linked Site that collects your personal data. You agree to waive any claim against us with respect to the Linked Sites.
• 7.7.By making available any information and data on ZeroHero, including facts, views, opinions, and recommendations of individuals and organizations of deemed interest, ZeroHero Properties is not giving or purporting to give or representing or holding themselves out as giving financial, tax, legal and otherwise professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
• 7.8.By using and accessing ZeroHero, you acknowledge and agree that ZeroHero Properties Content may only be used for your personal use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction, or circulation to someone else in the same company or organization, and not for posting to other websites, forums, newsgroups, mailing lists, bulletin boards, or other services operated by other websites.
• 7.9.ZeroHero is an online platform through which Home Owners create Listings for the sale or rental of their residential properties and Members may learn about and make enquiries directly with the Home Owner. You understand and agree that:
  • 7.9.1.ZeroHero Properties is not a party to any agreements entered into between the Home Owner and buyer or tenant;
  • 7.9.2.ZeroHero Properties has no control over the conduct of other users of the App, Website, and Services and may only take steps pursuant to Clause 6.10 in its own discretion;
  • 7.9.3.ZeroHero Properties has no control over the Listings; and
  • 7.9.4ZeroHero Properties disclaims all liability in this regard to the maximum extent permitted by law.

8. LIMITATION OF LIABILITY

• 8.1You agree that your use of the platform is at your sole risk and that you are responsible for all costs associated with your access to, or use of, the Site. ZeroHero Sdn. Bhd., its directors, employees or any other representative will not be liable for any damages, losses, costs, claims or demands of any kind, whether direct, indirect, compensatory or consequential, related to your use of this Site or the information content, materials or products included on this Site. In no event, will ZeroHero Sdn. Bhd. be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise. These terms are governed by Malaysia law and any dispute will be resolved exclusively by the Malaysian courts.

9. INTELLECTUAL/CONTENT PROPERTY RIGHTS

• 9.1.ZeroHero respects the intellectual/content property rights of others, and we ask you to do the same. ZeroHero may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Company’s designated agent the following information:
  • 9.1.1A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • 9.1.2Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 9.1.3Information reasonably sufficient to permit Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 9.1.4A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • 9.1.5 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 9.2We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. Our address for notice of alleged intellectual/ content infringement appearing on the Services is “support@zerohero.my”.

10. USE OF THE SERVICES

• 10.1.We reserve the right at all times (but will not have an obligation), to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
  • 10.1.1.satisfy any applicable law, regulation, legal process or governmental request,
  • 10.1.2.enforce the Terms of Service, including investigation of potential violations hereof,
  • 10.1.3.detect, prevent, or otherwise address fraud, security or technical issues,
  • 10.1.4.respond to user support requests, or
  • 10.1.5.protect the rights, property or safety of ZeroHero Properties Sdn Bhd its users and the public.
• 10.2.We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
• 10.3.Upon using ZeroHero services, Home Owners agree to allow ZeroHero and our HERO, Property Service Expert to have full attorney to provide beneficial action in the progress of assisting to sell/let their houses.
• 10.4.Home Owners or clients agrees to the terms and condition upon the fixed fee payment, which is not considered a commission but a fixed advertising fee for every units listed on ZeroHero.my. Fixed fee for property services is non-refundable.
• 10.5.You may not do any of the following while accessing or using the Services:
  • 10.5.1.access, tamper with, or use non-public areas of the Services, ZeroHero Properties Sdn Bhd's computer systems, or the technical delivery systems of ZeroHero Properties Sdn Bhd's providers;
  • 10.5.2.probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • 10.5.3.access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
  • 10.5.4.forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
  • 10.5.5.interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
• 10.6.We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

11. LINKS AND OTHER THIRD PARTY MATERIALS

• 11.1This platform may be linked to other web sites that are not Company sites (collectively, “Third-Party Sites”). Certain areas of the platform may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this platform to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this platform. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than ZeroHero, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Web Site privacy policy and terms and conditions and/or user guides. ZeroHero is providing links to the Third-Party Sites to you as a convenience, and ZeroHero does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

12. ADDITIONAL TERMS FOR LISTINGS

• 12.1.We reserve the unconditional right to approve or reject any Listing at our sole discretion without providing reasons to the Property Owner. We retain full discretion as to the publication of any Listing.
• 12.2.The Home Owner shall be responsible to check and endorse all contents of the Listing and the accuracy and veracity of the same before it is published or repeated and the Home Owner shall be solely and fully responsible for any indirect or consequential losses to the Home Owner or any third party for such errors.
• 12.3.The Home Owner understands and accepts that ZeroHero may not review the contents of any Listing. The publication of any Listing will not be deemed to constitute an acceptance by ZeroHero that such Listing complies with the Terms.
• 12.4.The Home Owner represents that the contents of the Listing are true, current and accurate, and do not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information.

13. ADDITIONAL TERMS FOR USE OF PROPERTY SERVICES WORK

• 13.1.Where you will be engaging ZeroHero Properties and/or its representatives in respect of property services work, you acknowledge and agree that you will be required to enter into such further prescribed forms and/or documents under the applicable legislations or laws, or as reasonably required by ZeroHero.
• 13.2.ZeroHero is a property advertising media company, providing end to end advertising services to property owners. All fees paid include advertising fee and professional photography services.