Terms & Conditions

Terms of Use

These services (www.virtualproperty.my) are provided by Virtual Property™, Reg. No. 202103200846 (CA0327251-D), a sole proprietor which is registered in Kuala Lumpur, Malaysia. Please email all your queries to [email protected]

1. Please read these terms and conditions (the “Terms”) carefully. By accessing and using our website and any content, features, photographs, videos, measurements, floor plans, and other services provided therein (together, our “Work”), you indicate your acceptance of these Terms, the Privacy Policy and any other notices, guidelines and rules published by virtual property on our Services from time to time (each of which is incorporated into the Terms by this reference). The Privacy Policy can be accessed from links at the bottom of our webpages.

2. If you do not accept these Terms please do not access and/or use the Services.

3. Virtual Property may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.

USE OF OUR SERVICES

You agree to use our Work for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Work and in compliance at all times with these Terms and with all laws and regulations that apply.

5. In using our services, you agree not to adapt, alter or create a derivative work from any content provided to you, whether by adding or removing material from the Work. You will need our prior written permission if you want to use any content from our Work for any other reason. Alterations shall be deemed to include the addition of any illustrations, photographs, videos, sound, text, or computerized effects.

6. Any personal information supplied to us as part of the registration process and/or or other interaction will be collected, stored and used in accordance with our Privacy Policy. We have the right to refuse service to any client, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

INTELLECTUAL PROPERTY RIGHTS

All rights not expressly granted to the client are reserved to Virtual Propertyl™, including but not limited to all rights in preliminary materials and all electronic and non-electronic rights. For purposes of the Terms, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, USB, computer databases, network servers, and any other digital format known now or later.

8. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, or our services, are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms. All such content as listed above and copyrights or trademarks, provided to Virtual Property by clients, is considered to be owned or licensed by the client, and such license granted to Virtual Property™ for use, reproduction, and delivery when commissioning for any work.

9. The ownership of the Work shall remain property of virtual Property™. Virtual Property™ reserves all reproduction rights, including the right to claim statutory copyright, in the Work (produced by virtual property. Except as specifically permitted in our client agreements, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Work without the express, written consent of Virtual Property™. All approved reproductions shall bear the following copyright notice: Copyright © Virtual Property™ 2021. All rights reserved.

10. All media published on behalf of Virtual Property™ on YouTube or any alternate social media avenues or websites operated by Virtual Property™ and its officers, employees, or contractors for the purpose of marketing and promotion is subject to being branded by the company. Media files are provided to the client for their own discretion on upload and optimization. All residential video projects are tagged with Virtual Property™ Branding in an effort to reduce the cost to the residential real estate market. This branding can however be requested for removal for a fee.

GRANT OF RIGHTS

Upon receipt of full payment, Virtual Property™ grants to the Client the following rights in the Work: For use online on the www.virtualproperty.my, Clients website, any social media pages, any property listing websites, and on other promotional avenues specifically targeted towards marketing the said project. The Client may not sell the product, alone or in combination with any other material, unless a transfer of copyright has been issued from Virtual Property™.

LIMITATION OF LIABILITY

12. In the unlikely event that all or some of the photographs, videos, measurements, floor plans, or other works fail to materialize or there is total photographic failure due to reasons beyond Virtual Property™’s control, the liability of Virtual Property™ will be limited to the refund of all money paid towards that portion of the project. If the final product has been delivered to the client for a period of 07 days, Virtual Property™ carries no responsibility for the loss of such material from our archive drives. Neither party shall be liable for indirect or consequential losses. In any event, the limit of Virtual Property’s liability shall not exceed the Package Price.

13. You accept that Virtual Property™, a division of Novo Reperio Sdn. Bhd., a sole proprietor entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Virtual Property nor Novo Reperio Sdn Bhd’s officers or employees in respect of any losses you suffer in connection with the website or any of the services offered by the company. Virtual Property and Nov Reperio Sdn. Bhd. does carry Errors & Omissions insurance for its measurement and floor plan services, as well as general commercial liability insurance.

TRAVEL

14. Jobs outside of Klang Valley, or outstation travel could incur a travel charge. Travel charges are applied at the discretion of Virtual Property, and overnight accommodation will be charged to the Client if necessary.

ACT OF GOD

15. Virtual Property™ will take every care to the performance of this Agreement. But Agreement is subject to Acts of God beyond our control; i.e. natural disaster, calamity, fire or police action.

RELEASES

16. The Client agrees to indemnify and hold harmless Virtual Property™ against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a release, or uses based on alterations not allowed.

PACKAGE SELECTION, PAYMENT, PRICES & Refund

17. Client must select a service, pay and receive an email confirmation for a project to be considered booked. There will be a 50% of total package price; (including all travel costs if applicable) applied to cancellations made less than 24 hours notice prior to session time. Cancellation times apply to business hours – 9:00am to 5:00pm Monday to Friday. All payments must be made in full, on or before the time of product delivery. In the event that no one is at the premise where the session is to take place for 15 minutes after the session start time, the Photographer, Videographer, or other service provider will leave and the Client will be charged a 100% of total package price; (including all travel costs if applicable). Any cancellation made on-site, before or during the scheduled appointment, will be subject to a 100% on-site cancellation fee per service (including all travel costs if applicable). The session ends once the Service Provider has left the premise, and if the Client chooses to add services after this point, it will constitute a new job. Any cancellation made 24 hours before the scheduled appointment, will be subject to full refund or a credit note, transferable to next assignment (excluding accommodation cost if applicable).

18. Substantial cleaning and staging required prior to 360 photography for unprepared properties will be billed at RM150/hr (Billed in 30 minute increments). Additional ad-hoc production on location will also be billed at RM150/hr.

19. Parking fees must be covered by the client (agents, agency, property developer). Any charges incurred by the team on site will be added to the invoice for reimbursement. Overtime, weekend, public holiday, bookings are subject to a RM150 – RM350 add-on and are accepted at the discretion of the Virtual Property team. Matterport 3D hosting, 360 virtual fees of RM300/yr will apply after the initial 1yr free hosting period ends. If you wish to cancel the cloud hosting and have the tour removed from being publicly available online, you must contact our team and receive confirmation of cancellation a minimum of 7 business days before the end of your free hosting period.

20. Prices are subject to change without notice. Please contact us for an updated price list.

21. There will be a maximum of one set of edit requests per video production (if applicable on the selected package), if required by the client. Commercial video projects may have a maximum of three edit requests (if applicable on the selected package). Additional edit requests will be charged at RM350/hr (minimum 1 hour).

DELIVERY DATE

22. Virtual Property™ agrees to deliver the final images for residential real estate within 5 business days from session date. Interactive tours, video can take from 2 to 7 business days to complete, and even longer for custom projects; and will be delivered accordingly. Delivery times for other services not listed should be discussed with the Virtual Property™ team. If the Client requests a specific delivery date, arrangements can be made and a new delivery date shall be agreed upon mutually. Commercial projects require additional business days before delivery, but arrangements can be made if requested by the client, and a new delivery date shall be agreed upon mutually.

23. All information, ie. property description, logo’s, contact information, etc must be provided to Virtual Property™ before the session date to avoid delay of delivery. Failure to provide information, or inadequate communication with the production team will result in the delay of the final project. Virtual Property will take no responsibility in delayed project.

-P24. Offline copy of the completed virtual tour projects (if any) must be downloaded by the client within 30 days from delivery date. After this point, the projects are deleted from server and can no longer be recovered. Matterport 3D Capture data is only kept for a period of 30 days from delivery; if modifications are required they must be completed with this period of time. After the 30 day period is up, Capture data is deleted.

AFFILIATES & Agency

25. As an affiliate of virtual Property™, you agree to thoroughly read through our website content and familiarize yourself with our services. You represent the Virtual Property brand when speaking to prospective clients, and therefore must do it with the utmost respect, and professionally. You are not an employee of Virtual Property, and acknowledge that you cannot engage any responsibility nor contract any obligation on behalf of Virtual Property under any circumstances.

PARTNERS

26. Virtual Property works closely with Novo Reperio Sdn. Bhd (Reg. No. 1098147-P) as trusted service partner.

MISCELLANEOUS

26. A waiver or any breach of an of the provisions in this Terms agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.

Disclaimer

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WEBSITE DISCLAIMER

The information provided by Virtual Property Limited (“we,” “us” or “our”) on www.virtualproperty.my (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

PRIVACY NOTICE

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at [email protected]

DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Log into your account settings and update your user account.
Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information my be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Sites. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [email protected]

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organisational and technical security measures.

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our website using a social media account, we may have access to certain information about you.

Our Sites offers you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Sites. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short: We only share information with the following third parties.

We only share and disclose your information with the following third parties. We have categorised each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

Advertising, Direct Marketing, and Lead Generation

HubSpot CRM

Invoice and Billing

XERO

Social Media Sharing and Advertising

Facebook advertising and LinkedIn advertising

User Account Registration and Authentication

Facebook Login and Google Sign-In

Website Hosting

YeahHost

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
Other Users. When you share personal information or otherwise interact with public areas of the Sites, such personal information may be viewed by all users and may be publicly distributed outside the Sites in perpetuity. If you interact with other users of our Sites and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Sites, and view your profile.

HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Sites.
Request Feedback. We may use your information to request feedback and to contact you about your use of our Sites.
To protect our Sites. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
To enforce our terms, conditions and policies.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience.

WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.

We collect personal information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites (such as posting messages in our online forums or entering competitions, contests or giveaways) or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect may include the following:

Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Sites.

We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).