To the extent permitted by law and unless provided otherwise herein, PickTenants specifically excludes any and all liability for any loss, damage, claims, costs and expenses no matter how arising from the use of any the Website.
By you accessing and using the Website, you acknowledge and agree that you have read and understood:
By accessing and using the Website, you agree irrevocably to be bound by all of those terms and conditions governing the use of the Website.
You shall not access or use the Website if you do not accept the Terms.
"You" and "your" refer to you, as a user of the Website. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Website. "PickTenants", "we," "us," and "our" refer to PickTenants.com.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Website. "PickTenants.com Content" means Content that we create and make available in connection with the Website. "Third Party Content" means Content that originates from parties' other than PickTenants.com or its users, which is made available in connection with the Website. "Website Content" means all of the Content that is made available in connection with the Website, including Your Content, User Content, Third Party Content, and PickTenants.com Content.
We grant you permission to use the Website subject to your acceptance and agreement to the Terms. For the avoidance of doubt, any usage or reliance by you of the Website and any products and services made available on the Website shall strictly be at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account ("PickTenants Account") and provide certain information about yourself in order to use some of the features that are offered through the Website. You are responsible for maintaining the confidentiality of your accounts and its password. You are also responsible for all activities that occur in connection with your PickTenants account. You agree to notify us immediately of any unauthorized use of your account. PickTenants will not be liable for any loss or damage that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses or damages incurred by PickTenants or other third party due to someone else using your account. You may not use anyone else's account at any time.
By creating an account, you agree to receive certain communications in connection with the Website. You may receive our weekly email newsletter.
Contents provided on the Website are solely for informational purposes. Product or services representations expressed on the Website are those of the vendor and are not made by us. Submissions or opinions expressed on the Website are those of the individual posting such content and may not reflect our opinions.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. PickTenants is not under any circumstances responsible for Your Content. You may not imply that Your Content is in any way sponsored or endorsed by PickTenants.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We reserve the right, but shall not be obliged to:
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
Please note that you also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against PickTenants and its users any claims and assertions of any rights, moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and PickTenants, you own Your Content. We own the PickTenants.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. We or where applicable, our affiliates or third party intellectual property owners also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the PickTenants.com Content and the Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the PickTenants.com Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the PickTenants.com Content are retained by us.
PickTenants and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by users employed or contracted by PickTenants.com) does not necessarily reflect the opinion of PickTenants. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
You agree not to use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any PickTenants server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to any PickTenants server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information, through any means, which are not intentionally made available to you on the Website. You will not link to any part of the Website if such activity is illegal, will cause damage to, or will otherwise harm PickTenants or any other party. Moreover, PickTenants reserves the right in its sole discretion to disable or otherwise terminate your use of the Website, or any links you make to the Website, or request you to do the same. PickTenants reserves all of its rights in the Website not expressly granted to you by these Terms of Service.
Please refer to our detailed guide on Refund and Return of Items Policy
The Website may contain advertisements and/or links to other websites ("Third Party Websites"). These links are provided solely for the convenience of the users. PickTenants does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Websites or any products or services advertised on Third Party Websites.
PickTenants respects the intellectual property of others. If you believe, in good faith, that any Website Content, or other matter posted on the Website infringes the copyright in a work you own, please contact us with correspondence containing the following:
PickTenants provides a personalized subscription service that allows sellers ("Sellers") to access services and features that are made available on the Website which may require registration and payment of subscription fees ("Subscription Fee").
Seller must be 18 years of age, or the age of majority to subscribe for the services and features that are made available to Sellers.
We may change our subscription plans and the price for our services from time to time following notice to you.
The Seller's Subscription Fee is non-refundable.
We charge a fee for all successful transactions completed by Seller on the Website ("PickTenants Transaction Fee"). The PickTenants Transaction Fee is borne by the You, and is calculated as (i) three percent (3%) of the Gross Settlement Price, rounded up to the nearest cent, for Pro Package, (ii) two point five percent (2.5%) of the Gross Settlement Price, rounded up to the nearest cent, for PREMIUM Package, and (iii) five percent (5%) of the Gross Settlement Price, rounded up to the nearest cent, for Lite Package.
The Gross Settlement Price for an item is the Buyer's Purchase Monies for the transactions and any voucher applied to such item by the Buyer.
Following the successful completion of a transaction, we shall deduct the PickTenants Transaction Fee from the Buyer's Purchase Monies, and remit the balance to Seller. We shall issue receipts or tax invoices for the PickTenants Transaction Fee paid by you on request.
Please read this section carefully since it limits the liability of PickTenants to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the Website. By accessing or using the Website, you represent that you have read, understood, and agree to these terms, including this section.
The Website is made available to you on an "as is where is", "with all faults" and "as available" basis, with the express understanding that the PickTenants entities may not monitor, control, or vet user content. As such, your use of the Website is at your own discretion and risk. PickTenants make no claims or promises about the quality, accuracy, or reliability of the Website, its safety or security, or the Website content. PickTenants is not liable to you for any loss or damage that might arise, for example, from the Website's/App's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews, metrics or review filter found on, used on, or made available through the Website.
PickTenants provides a platform through which service or products providers ("Sellers") and customers ("Buyers") may undertake commercial / sale and purchase transactions. PickTenants is not the agent of any Seller or Buyer and takes no responsibility for the services or products for which any Seller provides. PickTenants makes no claims or promises with respect to any third party, such as Sellers, businesses or advertisers listed on the Website or the Website's/Apps' Users. Accordingly, PickTenants are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with any Seller, businesses or advertisers listed or featured on the Website. Your purchase and use of products or services offered by third parties including the Seller through the Website is at your own discretion and risk.
PickTenants expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the Website, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Your sole and exclusive right and remedy in case of dissatisfaction with the Website, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Website.
PickTenants's maximum aggregate liability to you for losses or damages that you suffer in connection with the Website or these terms is limited to the lower of (i) the amount paid, if any, by you to PickTenants in connection with the Website, or (ii) RM 100.00 ("Capped Amount"). For the avoidance of doubt, PickTenants shall not be liable to you in any manner for any amount in excess of the Capped Amount. PickTenants's liability for any claim hereunder shall be limited to those that you claim within a period of 2 months from the date of the event giving rise to such claim. PickTenants will not be responsible for any claim that is submitted by you to us after the said 2 months cut-off period.
PickTenants disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
PickTenants has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website (or any part thereof) on any particular device or communications service. PickTenants has no obligation to provide you with notice of any such changes, and PickTenants is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.
You agree to defend, indemnify, and hold harmless PickTenants from all liabilities, claims, demands, damages, losses, proceedings, penalties, fines, costs and expenses, including legal attorneys' fees that arise whatsoever that may be made against and/or sustained suffered or otherwise incurred whether directly or indirectly or however arising by any party whatsoever by reason of or arising out of or in connection with your usage of the Website and/or any product and/or services made available on the Website. PickTenants reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PickTenants in asserting any available defenses.
Malaysian law shall govern all transactions and be applied to construe for all purposes to which these terms apply and you shall submit to the jurisdiction of the court in Malaysia.
Any action arising out of these terms or in relation to the usage of the Website or any products and services made available on the Website shall be litigated in, and only in, courts located in Malaysia, and you agree to submit to the exclusive jurisdiction of those courts and further agree that they are the convenient forum for you.
In the event you have any dispute, controversy or claim against us arising out of the provision of our services, you shall notify us in writing and the parties shall attempt to negotiate in good faith to resolve the matter. The provision of the said notice and subsequent negotiations shall be a condition precedent to any right of action against us in Court or otherwise.
In the event that any of these terms is held to be unenforceable, illegal or invalid, the remaining terms shall remain in effect and shall not be affected or impaired thereby.
We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Website.
The Terms contain the entire agreement between you and us regarding the use of the Website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in the Terms. Any failure on PickTenants's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with PickTenants's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.