This Personal Data Protection Notice (“Notice”) is issued for and on behalf of Zeon Properties Sdn Bhd (1025984-U), its subsidiaries, affliates, associates, jointly controlled companies and/or other members within Zeon Properties group of companies (collectively referred to as “ZEON”).
This Notice provides for the manner ZEON collects, processes, uses, discloses, transfers and retains your personal data in accordance with the Personal Data Protection Act 2010 (“PDPA”) and any other relevant the laws of Malaysia.
COLLECTION AND PROCESSING OF PERSONAL DATA
Your personal data (“Personal Data”) will be collected through various forms but not limited to, online registrations, surveys, sales forms, advertisements, sales and marketing agents and/or any
other form of information collection method, and will be processed for the purpose of providing you with information(s) on listing of properties and/or services but not limited to other matters to you and/or to help ZEON to improve its services
and products and/or to process and complete relevant transactions / dealings.
Type of Personal Data
The following list of personal data is not exhaustive and may include other personal data depending on the nature of your interaction and dealings with ZEON;
(b) National Registration Identity Card Numbers
(c) Passport Numbers (if applicable)
(h) Correspondences address
(i) Telephone number
(j) Facsimile numbers
(k) Email address
(l) Marital Status
(m) Medical records
(o) Salary and wages record
(p) Banking and credit information
(q) Social Networking address
(r) Device-Specific information
(s) Cookies and similar technologies
(t) Internet protocol address
DISCLOSURE OF PERSONAL DATA
ZEON may share your Personal Data with third party providers and/or data processors such as but not limited to Joint Venture Partners, proprietors, Management Corporation, Project Manager, authorities, local council, banks, Building Corporative/Society, Government bodies, Tax Agent,
public amenities and utilities providers, advocates and solicitors, contractors and consultants, and/or service providers, which may be located within or outside of Malaysia for information processing, provision of loans and financing, provision of legal professional services, fulfilling customer instructions,
managing and enhancing customer service and customer data, conducting market research or customer satisfaction surveys.
PROTECTION OF PERSONAL DATA
ZEON shall undertakes the relevant reasonable measures to safeguard your personal data against loss, theft, misuse and unauthorised access, processing, disclosure, alternation and/or destruction.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
RETENTION OF PERSONAL DATA AND ACCESS
ZEON will retain your personal data for the period necessary to achieve and perform the purposes outlined in this Notice, unless a longer retention period is permitted or required by the relevant laws.
You may withdraw your consent or revise your Personal Data or limit the processing thereof at any time or any inquiries or complaints with respect to your Personal Data, you are hereby requested to submit a written request to us via;
Person in Charge : Personal Data Protection Officer – Mr. Stephen Kam
Tel No. : 04-296 6998
Fax No. : 04-296 6995
Email : firstname.lastname@example.org
Please be advised that your withdrawal of consent to process your Personal Data will be effective only after you have communicated such withdrawal to us effectively and we shall have reasonable period of time to act upon your withdrawal. Your consent shall remain in full force until withdrawn in the manner prescribed herein. Upon withdrawal, your Personal Data will be automatically removed from our databases and will be destroyed in due course.
ZEON may decline to comply with your requests for amendments or updating if the requests are unreasonably repetitive or impractical, cannot be supported by information and documents to our reasonable satisfaction, not provided under the relevant laws, require disproportionate effort or affect the privacy of other customers and data subjects.
ZEON reserves the right to revise and amend this Notice from time to time. Please refer to us or our website for the latest version of this Notice from time to time.
By accessing and/or using https://www.zeon.com.my/ (“the Website”),
you accept and agree to abide by the following Terms and Conditions,
which together with any other terms or legal notices posted/available on the Website such as our Personal Data Protection Notice,
govern the relationship between you as user and Zeon Properties Sdn Bhd (1025984-U), its subsidiaries, affiliates, associates,
jointly controlled companies and/or other members within Zeon Properties group of companies (collectively referred to as “ZEON”)
1. USE OF THE WEBSITE
In carrying out any transactions with us on or in relation to the Website or registering an account
with us on the Website, you warrant that you are of full age, 18 years old and above, you are using your true identity,
the personal data provided by you are true, accurate, complete and current and you will
maintain and promptly update your personal particulars and ensure that such information
is kept true, accurate, complete and current.
Child user (below the age of 18 years old) is not eligible to use the Website or provide any personal data on the Website unsupervised.
Child user may use the Website only after procurement of consent from parents / legal guardian and/or under supervision of parents / legal guardian.
In the event you have been given a password which enables you to access certain parts of the Website,
you acknowledge that you are fully responsible for maintaining the confidentiality of your
password and all activities occurring under your account.
2. INFORMATION AND MATERIALS PROVIDED IN THE WEBSITE
The trademarks, logo and service marks (collectively referred to as “Marks”), information, materials, software,
images, videos, sounds and contents (collectively referred to as “Contents”) contained on or available on the Website belong to ZEON,
its content providers and third party licensors. You should assume that all Marks and Contents on the Website are protected by
copyright and applicable intellectual property rights unless otherwise noted.
You must not reproduce, modify, transfer, distribute, republish, download, post or transmit the Marks and Contents
in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission.
You agree that the Marks and Contents contained within or available through the Website shall not be used for commercial purposes or distributed commercially.
Any unauthorized use of the Marks or Contents is strictly prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity,
and civil and criminal statutes. All our rights are expressly reserved.
The Marks and Contents are provided to you “as is” and “as available” without warranty of any kind either express or implied,
including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement,
security accuracy or typographical errors. We specifically disclaim any liability or responsibility for any errors, omissions,
viruses, defamatory, offensive or other harmful matters in the Marks and Contents.
Neither Zeon nor any other party involved in creating, producing, or delivering the Website, is liable for any direct,
incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, or inability to use or access, the Website.
Any of the Marks and/or Contents downloaded, uploaded or otherwise obtained through the use of the Website is done at your own discretion and risk.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the Website or on the Internet generally.
3. USER CONDUCT
You are prohibited from posting or transmitting any unlawful, seditious, threatening, defamatory, libellous, obscene, pornographic or
profane material or any material on the Website or its linked sites that could constitute or encourage conduct that would be considered a
criminal offence or give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or
court order requesting or directing us to disclose the identity of anyone posting such materials.
You shall indemnify and keep Zeon indemnified against losses, damages, any claim or demand, including legal costs,
made by any third party due to or arising out of any content that you submit, post, transmit or make available on the Website,
The Website may provide links to other web sites hosted by third parties (“Linked Sites”). We do not have the obligation to monitor the
content on the Linked Sites and have no discretion to alter, update or control the content on the Linked Sites. Our provision of hyperlink
to Linked Sites shall not be construed as an endorsement, authorization, sponsorship, or affiliation with respect to such web sites, their owners,
or their providers. You shall assume all risk with respect to its use.
The Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions,
5. LIMITATION OF LIABILITY
We do not warrant or represent that the Marks and Contents on the Website is complete or up-to-date and have no obligation to update
any of the Marks and Contents on the Website. We may make improvements or changes to the Website and the Marks and Contents at any time without notice.
You agree that Zeon and any of its respective officers, directors, employees, or agents will not be liable, whether in contract, tort,
strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation loss of profits,
cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Website or a Linked Site, or
with the delay or inability to use the Website or a Linked Site, even if we are made aware of the possibility of such damages.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment,
failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems such as inability to access your
internet service provider, unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. While we have taken
reasonable commercial endeavours to ensure security and maintenance of the Website, we cannot and do not guarantee continuous, uninterrupted or secure
access to the Website.
6. TRANSMISSION OF PERSONAL DATA
By using the Website, you are deemed to have read our Personal Data Proteciton Notice (“Notice”) which sets out the terms that specifically
govern the collection, use, retention and disclosure of your personal data. Accordingly, you have agreed to the terms of our Notice and given your
consent to the collection and transfer of your personal data according to the terms of our Notice.
If any of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
8. LAWS AND REGULATIONS
Your access and use of the Website shall be governed by and construed in accordance with the laws of Malaysia without reference to its conflicts of
law rules and, you agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
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Zeon Properties SDN BHD Contract of service
ZEON PROPERTIES SERVICE CONTRACT
ZEON PROPERTIES SDN BHD (Registration no: 1025984-U), a company incorporated in Malaysia and having its registered office at No. 29C-03A-01, Lebuh Sungai Pinang 5, Jelutong, 11600 Penang (hereinafter called “the Company”) of the one part,
(hereinafter called ‘the Property Negotiator”) of the other part.
1. The Company is principally involved in the business of real estate agency.
2. The Company is desirous of appointing the Property Negotiator for the provision of the Services (as defined in this Agreement) and the Property Negotiator agrees to provide the Services to the Company upon the terms and subject to the conditions set out in this Agreement.
NOW IT IS HEREBY AGREED as follows:-
In this Agreement, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-
1.1 a reference to statutes and/or a statutory provision includes references to any modification, consolidation or re-enactment thereof for the time being in force, and all statutory instruments or orders or regulations made pursuant thereto;
1.2 words denoting one gender include all other genders;
1.3 words denoting the singular include the plural and vice versa;
1.4 words denoting persons include corporations and vice versa and also include their respective heirs, personal representatives, and successors-in-title or permitted assigns, as the case may be;
1.5 any expression, agreement, covenant, term, provision, stipulation, representation, warranty or undertaking expressed to be made by or on the part of two or more persons or parties is made by those persons or parties jointly and severally;
1.6 the expression "Ringgit", “Ringgit Malaysia” and the abbreviation "RM" means the lawful currency of Malaysia;
1.7 any reference to "pay", or cognate expressions, includes payments made in cash or by way of bank draft or cheques (drawn on a bank licensed to carry on banking business in Malaysia) or effected through inter-bank transfers to the account of the payee, giving the payee immediate access to available funds;
1.8 references to a sub-paragraph, paragraph, sub-clause, clause or party is a reference to the relevant sub-paragraph, paragraph, sub-clause, clause or party of and to this Agreement;
1.9 where a word or phrase is given a defined meaning in this Agreement any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
1.10 any reference to "writing", or cognate expressions, includes a reference to any communication effected by telex, cable, facsimile transmission or other comparable means;
1.11 any reference to this Agreement or any of the provisions thereof includes all amendments and modifications made to this Agreement from time to time in force;
1.12 if any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day;
1.13 any reference to a day, week, or month or year is to that day, week, month or year in accordance with the Gregorian calendar;
1.14 this Agreement contains the whole agreement between the parties and that this Agreement shall supersedes any prior agreements/arrangements between the parties hereto; and
1.15 any time specified herein shall be the essence of this Agreement
2. SCOPE OF SERVICES
2.1 In consideration of the Service Fee (as specified in Clause 3 herein) payable by the Company to the Property Negotiator, the Property Negotiator shall;
(a)provide services and assist sellers and buyers in marketing and purchasing property;
(b)propose solutions based on clients’ needs and financials abilities;
(c)negotiate fair terms and conditions to all parties concern;
(d)inform clients on the market conditions, pricing, mortgages available, legal requirements and related matters to ensure as fair and honest dealing as possible;
(e)possesses sufficient knowledges about real estate markets and best practices;
(f)promote sales through advertisements, open houses and listing services;
(g)remain knowledgeable about real estate markets and best practices;
(h)accompany buyers during visits to and inspections of property, inform them on the suitability and value of the homes they are visiting;
(i)prepare related documents;
(j)fully support and participate in company property fairs, seminars, trainings, meetings and all other company and/or property events;
(k)provide services to landlord’s and tenant’s by assisting them based on the fair tenancy terms;
(l)provide latest and correct information to clients;
(m)act on the instructions given by the Company from time to time
(hereinafter collectively called “Services”)
3. SERVICE FEE AND REIMBURSEMENT
3.1 In consideration of the Property Negotiator providing and performing the Services, ;
(a) For transactions in the Secondary Market (hereinafter referred to as “the Sub-Sale Market”)
The service fee and manner of payment shall be determined on case to case basis.
(b) For transactions in the Primary Market (hereinafter referred to as “the Project Sale”)
The service fee and manner of payment shall be determined on case to case basis.
(c) For cases of co-agency with another firm(s)/company(ies) and or individual, the service fee and manner of payment shall be determined on case to case basis.
3.2 The Property Negotiator shall solely be responsible for all expenses incurred on petrol, maintenance, insurance, motor vehicle road tax and hand phone charges in the course of providing his Services to the Company.
3.3 All payments required to be made by the Company to the Property Negotiator under this Agreement shall be in Ringgit Malaysia by way of banker’s draft, banker’s cheque or direct transfer to such bank as the Property Negotiator may from time to time notify in writing to the Company.
3.4 For avoidance of doubts, this Agreement is not an employment agreement and the Property Negotiator shall not be considered as an employee of the Company and shall not be entitled to any employment benefits, including but not limited to EPF and SOCSO contributions.
4. THE PROPERTY NEGOTIATOR’S OBLIGATIONS
4.1 The Property Negotiator shall be available at all time required by the Company for the provision of the Services, and the Property Negotiator agrees that he shall not be entitled to any fee for any service provided beyond normal working hours;
4.2 The Property Negotiator shall at all time comply with;
(a) the Company’s Duties and Obligations of Property Negotiator (“Guidelines”), as provided in Appendix herein; and
(b) all the law in Malaysia governing the estate agent and negotiator including but not limited to Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), Personal Data Protection Act 2010 and its regulations and amendments thereto.
5.1 This Agreement shall come into force on the Agreement Date and shall continue in full force and effect until and unless terminated pursuant to the termination clause provided in Clause 7 of this Agreement (“Term”)
6.1 Each of the Parties of this Agreement agrees not to disclose to any third party (other than its directors, employees, affiliates, agents and authorized persons including financial, legal, accounting and other advisors) any information with respect to the subject matter and/or the negotiations commenced pursuant to this Agreement without
the prior written consent of the other Party, except as may be required pursuant to valid legal processes or by any regulatory authority to which it is subject, in which event the Party required to make such disclosure shall promptly notify the other Party of such requirement. Each signatory binds itself to take all reasonable steps to maintain the confidentiality of all information passed to it by virtue
of the negotiations undertaken pursuant to this Agreement.
6.2 The Property Negotiator shall not, except as authorized or required by his duties, reveal to any person or company any information concerning the organization, business, finances, transactions or affairs of the Company or any of its subsidiaries, which may come to his knowledge during his contract hereunder, and shall keep with complete secrecy, all confidential information entrusted to him,
and shall not use or attempt to use any such information in any manner which may injure or cause loss either directly or indirectly to the Company or its business or may be likely to do so. This restriction shall continue to apply after the termination of this Agreement without limit in point of time but cease to apply to information or knowledge which may come into the public domain.
Each of the parties may terminate this Agreement at any time by serving on the other party a termination notice with prior written notice of one (1) month without assigning any reason.
7.2 Notwithstanding to Clause 7.1 of this Agreement, either party may terminate this Agreement immediately if;
the other party becomes insolvent or wound up; and/or
the other party becomes unsound of mind and/or incapable (legally, mentally or physically) to perform his obligations provided herein; and/or
the Property Negotiator has breached any of his obligations stated herein
7.3 Upon termination of this Agreement;
(a) any sum payable by the Company to the Property Negotiator under this Agreement shall become immediately payable by the Company;
(b) the Property Negotiator shall immediately return all the properties belonging to the Company; and
(c) this Agreement shall immediately cease to be of any further effect but without prejudice to any right which either party may be entitled against the other party in respect of any antecedent breach of this Agreement;
8.1 The Property Negotiator hereby irrevocably and unconditionally undertake to indemnify the Company in full and keep the Company fully indemnified against all losses, damages, liabilities, taxes, costs and expenses whatsoever
which the Company may sustain or incur as a result of or arising from the Property Negotiator’s misconduct, violation of law, misrepresentation, negligence or failure to perform its obligations in accordance with the relevant laws and the Company’s Guidelines.
9. GOVERNING LAW AND JURISDICTION
9.1 The construction, validity and performance of this Agreement shall be governed in all respects by the laws of Malaysia.
9.2 The Parties submit to the exclusive jurisdiction of the courts exercising jurisdiction in Malaysia for any proceedings in connection with this Agreement.
10.1 In the event that any of the provisions contained in this Agreement shall for any reason be determined illegal, invalid or otherwise unenforceable such provision shall be deemed to have been severed therefrom and the remaining provisions herein shall
continue to be valid and enforceable to the fullest extent permissible by law.
11. NON- WAIVER
11.1 Unless otherwise agreed in writing, no failure by either Party to exercise any right or remedy available to it hereunder nor any delay so to exercise any such right to remedy shall operate as a waiver of it nor shall any single or partial exercise of any right or remedy preclude
any other or further exercise thereof or the exercise of any other right or remedy.
12.1 Nothing in this Agreement shall be deemed to constitute or create a relationship of employment, partnership or joint venture between the Parties.
13.1 No variation to this Agreement shall be effective unless it is in writing and signed by or on behalf of each of the Parties.
14.1 Any notices and communications to be given under or in respect of this Agreement shall be deemed to have been duly served upon and received by the addressee: -
(i) if delivered by hand prior to 5.30 p.m. on a business day, at the time of delivery or, if delivered by hand at any other time, at 9.00 a.m. on the next business day following the date of such delivery; or
(ii) if sent by registered post or other fast postal service or courier, within 3 days of despatch; and
(iii) if transmitted by way of facsimile transmission or other instantaneous electronic media prior to 5.30 p.m. on a business day, at the time of transmission, or if transmitted by way of telex or facsimile transmission
or other instantaneous electronic media at any other time, at 9.00 a.m. on the next business day following the date of such transmission.
15. SUCCESSORS BOUND
15.1 This Agreement shall bind the personal representatives heirs successors-in-title and assigns of the Company and the Property Negotiator respectively.
DUTIES AND OBLIGATIONS OF PROPERTY NEGOTIATOR
1. Act fairly, honestly, in good faith and to the best of his/her knowledge and ability at all times;
2. Shall strictly comply with the Personal Data Protection Act 2010 and not to disclose confidential information while acting for a client, unless authorised by the client or required by law to do so;
3. Not to engage in conduct that is unprofessional to the estate agency industry;
4. Act in a professional manner and to ascertain all available pertinent facts concerning the property;
5. Shall not induce or attempt to induce another negotiator to change his/her Line of sponsorship;
6. Shall attend Sub-sale meeting which will be held on every Monday;
7. Shall during the sub-sale meeting, share his/her challenges at work and also his/her good or urgent sale or rent listings among colleagues;
8. Cases received from the Company will only be assigned to those negotiators who had attended at least 2 sub sales meetings every month;
9. All sale or rent listings (“Listings”) from all negotiators must be written in the listing recording book prepared to be keyed in by sub sales team leader(s) into company system;
10. Listings shall belong to the negotiators who have full listing (& owners’) information in the listing book, on a first come first serve basis;
11. Listings must show actual owner contact or official representative of the owner and not the negotiators’ own contact;
12. Negotiators are not allowed to copy owners contact except for viewing arrangements only;
13. To follow strictly all Standard Operating Procedures (SOP) for sub sales, project sales and project leasing set by the Company and the Developer, from time to time;
14. To use only documents prepared by the Company or developer for all transactions unless authorised by the management otherwise;
15. Not to make any amendments to the said documents stated in clause 17 above unless authorised by the management;
16. Not to engage in any activity that will affect the company’s reputation and legal standing;
17. Shall recognise those activities that are beyond his/her legal and practical limitations and that he/she recommends that such services be obtained from the professional concerned when necessary;
18. Shall not make secret profits nor act for both parties in a transaction without the written consent of both;
19. Shall supply to prospective parties all information as to the probable length of the transaction and avoid anything that may tend to mislead a party not represented by him/her;
20. Shall not when offering a property for sale, purchase, let or rent, quote a price different from that agreed upon with the Company;
21. Shall not sign any formal estate agency letter or document nor advertise on behalf of the Company;
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