PropKita Community Agreement

1. Introduction

1.1 By signing or accepting the PropKita Community Service Form, you are deemed to acknowledge and agree to be bound by all these terms and conditions (“General Terms”) which are applicable to you. These terms and conditions apply to all the services subscribed by you, and together with the applicable Service Form and Schedules shall form a legally binding agreement (“Agreement”) between you and PropKita Sdn Bhd (“PropKita”).

1.2 PropKita may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on propkita.com or the Application. It is your responsibility to review the General Terms regularly.

1.3 PropKita is a technology company which distributes a community mobile platform called the PropKita Platform, offering a set of communication, security, workflow management, accountancy system and convenience tools including but not limited to the PropKita App, PropKira, and any other products currently provided or that will be provided by PropKita from time to time (“PropKita Product”).

2. Definition

2.1 The following words and phrases have the prescribed meanings, unless the context otherwise requires, and shall apply to the General Terms and each of the Service Forms and Schedules:

3. Interpretation

Standard legal interpretation applies throughout this Agreement, including rules on singular/plural usage, headings, consistency between documents, applicable law (Malaysia), and currency (Ringgit Malaysia, RM).

4. The Service

4.1 PropKita agrees to provide the Service that you have subscribed to, as specified and defined in the Service Form and the applicable Schedule.

4.2 Unless otherwise expressly agreed in writing, these General Terms shall govern all the rights and obligations of the Parties.

5. Provision of Services

5.1 Preconditions to Provisioning: After the Service Form is accepted and Charges paid, PropKita shall provision the Service by the Service Commencement Date (“SCD”).

5.2 Service Acceptance: Upon completion, PropKita shall carry out Service Acceptance (“SA”). Once completed, PropKita provides the SA Form. You are to sign and return it within 3 working days, failing which you are deemed to have accepted the Service.

5.3 Service Commencement Date Revision: PropKita may revise the SCD if the original date cannot be met due to circumstances beyond PropKita’s control or delays in performing works.

6. Customer and/or User’s Right to Use the Service

6.1 General:

1. The Customer/User may only use the Service in accordance with Applicable Law and for their intended use. Reselling or sub-leasing is not permitted.
2. The Customer shall ensure that the Device provided by PropKita is used and maintained properly.
3. PropKita shall not be held liable for damage to the Device or interruption caused by the fault of the Customer.

6.3 PropKita Product Administrator and/or Moderator: Unless consented to in writing, PropKita shall be the sole administrator/moderator of PropKita Product.

6.4 Service Modifications:

• Unless otherwise specified, no reduction or downgrade of the Service is permitted during the Initial Term.
• If the Customer requires an upgrade, PropKita will provide a fee quote. A change will restart the Initial Service Term from the new SCD.
• Hardware supplied under this Agreement is not designed for integration with third-party systems, software, or platforms. Any request for such integration shall be subject to technical feasibility assessment, additional costs (if applicable), and a separate written agreement between the Parties.

7. Charges, Invoicing & Payment

7.1 Charges:

1. Charges include registration and recurring fees as detailed in the Service Form.
2. If the Customer has opted for a SIM Card to be used in the Device, the charges for using the SIM Card shall be RM70.00 per month.
3. Misuse of the SIM Card will result in additional charges incurred being passed to the Customer.

7.2 Invoicing:

1. PropKita shall issue a tax invoice to the Customer for the Charges, and the Customer shall pay and continue to pay the Charges by the due date stated in the invoices.
2. Notwithstanding anything to the contrary, the Customer acknowledges and agrees that its obligation to pay all Charges due and payable shall not be waived, absolved, or diminished by virtue of its failure or neglect to check, enquire, understand, and ascertain the nature of Services subscribed or used by the Customer and the applicable charges associated with such Services. The Customer further acknowledges that it is the Customer’s responsibility to request from PropKita any invoices not received for a given billing period. If the Customer fails to pay an invoice by its due date, PropKita may impose a late payment charge on such unpaid invoices at the rate of 5% per annum, calculated from the due date until full settlement. The Customer shall be responsible for all reasonable costs incurred by PropKita in the collection of any overdue amount.

7.3 Invoice Dispute: Unless otherwise specified in the applicable Service Schedule, all bona fide disputes concerning an invoice must be raised in writing by the Customer within 7 days of the “statement date” shown on the invoice, specifying the amount disputed, the reasons for disputing it, and supporting documentary records. The Customer shall pay all undisputed amounts by the due date. Upon receipt of a dispute, PropKita shall promptly investigate and either issue a revised invoice (if the dispute is justified) or maintain the original invoice. If a revised invoice is issued, the Customer shall pay it within 14 days. If no revised invoice is issued, the Parties shall promptly resolve the dispute in good faith.

8. Confidentiality

8.1 You shall maintain in confidence all information and data relating to PropKita, its services, products, business affairs, marketing and promotion plans, or other operations and its associated companies which are disclosed to you or on behalf of PropKita (whether orally or in writing, and whether before, on, or after the date of this Agreement), or which are otherwise directly or indirectly acquired by you from PropKita or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you use such confidential information only to use the Service, and shall not, without PropKita’s prior written consent, disclose such information to any third party or use it for any other purpose.

8.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

1. was, at the time of receipt, already in your possession;
2. is, or becomes in the future, public knowledge through no fault or omission on your part;
3. was received from a third party having the right to disclose it; or
4. is required to be disclosed by law and/or by authorities.

9. Data Privacy

9.1 PropKita collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of the Services, and its terms are made part of this Agreement by this reference.

9.2 Where applicable, you agree and consent to PropKita, its subsidiaries, and any of its affiliate companies collecting, using, processing, and disclosing Personal Data as further described in our Privacy Policy.

9.3 You acknowledge that PropKita may disclose the Personal Data of other individuals to you in the course of your use of PropKita’s services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by PropKita, and not for any other unauthorised purposes.

10. Intellectual Property Right

10.1 PropKita and its licensors, where applicable, shall own all right, title, and interest, including all related intellectual property rights, in and to PropKita Product (including PropKira), the Software and/or the Application, and by extension, the Service — including but not limited to any suggestions, ideas, photographs, video graphs, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Service.

10.2 The General Terms do not constitute a sale agreement and do not convey to you any rights of ownership in or related to PropKita Product, the Service, the Software and/or the Application, or any intellectual property rights owned by PropKita and/or its licensors. The name, logo, the Service, the Software and/or the Application, and the product names associated with the Software and/or the Application are trademarks of PropKita or third parties, and no right or license is granted to use them.

11. License Grant and Restrictions

11.1 PropKita and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access PropKita Product, the Application, and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by PropKita and its licensors.

11.2 You shall not:

1. license, sublicense, sell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Application and/or the Software and/or PropKita Product in any way;
2. modify or make derivative works based on PropKita Product, the Application, and/or the Software;
3. mirror the Application/Software on any other server or wireless or internet-based device;
4. disassemble, reverse engineer, decrypt, or attempt to derive any code or extract software from this Application;
5. use any manual or automated program or script (bots, viruses, worms) to unduly burden or hinder the operation and/or performance of the Application.

12. Interruption of Service

12.1 PropKita does not warrant or guarantee that the Service shall be error-free or uninterrupted. The Service may be interrupted due to technical difficulties, internet failure, a faulty device, a Force Majeure Event, or acts of third parties.

12.2 If you discover an interruption of the Service, it is your duty to notify PropKita of such interruption. PropKita shall use its best endeavours to restore the affected Services as soon as reasonably practicable.

13. Modification, Variation and Amendment

13.1 Service Upgrade/Downgrade: Unless otherwise specified, no reduction or downgrade of the Service is permitted during the Initial Term.

13.2 Hardware — Third-Party Integration Clause: Hardware supplied under this Agreement is not designed for integration with third-party systems, software, or platforms. Any request for such integration shall be subject to technical feasibility assessment, additional costs (if applicable), and a separate written agreement between the Parties.

14. PropKita’s Right to Suspend the Service

14.1 PropKita shall have the right to suspend the Service by giving written or verbal prior notice if: Charges remain unpaid, there is a breach of Clause 6, a Force Majeure Event occurs, or there is non-compliance with Applicable Law.

14.2 If the reconnection of the suspended Service is due to the Customer’s fault, PropKita may impose a reconnection fee of RM500 per man-day.

14.3 Notwithstanding suspension, you shall remain liable to pay all applicable Charges to PropKita during the period of interruption.

15. Termination

15.1 The Customer agrees that the Service is for the initial term specified in the Service Form (or in the applicable Schedule), which starts from the SCD (“Initial Term”).

15.2 The Customer also agrees that the Service subscribed shall automatically be renewed for an additional term of two (2) years (“Renewed Service Term”) as per the Auto-Renewal Clause (Clause 6.2 in Section A), unless the Customer has submitted written notice of non-renewal at least ninety (90) days prior to the expiry of the Term.

15.3 Either Party may terminate immediately if an order is made for the winding up, dissolution, or bankruptcy of the other Party.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and both Parties agree to submit to the exclusive jurisdiction of the courts of Malaysia.

1. General Terms and Representation

1.1 PropKita shall make available an integrated cloud-based accounting software solution specially designed for property management, consisting of two (2) modules: the Property Management System (“PMS”) and the Property Accounting System (“PAS”), for subscription (collectively, “PropKira”).

1.2 PropKira is designed as a platform to manage, access, and process accounting transactions including but not limited to: ownership management, meter management, billing and invoicing, accounts payable, accounts receivable, general ledger, trial balance, and audit reports.

1.3 You agree and undertake to provide all information required for the setup, implementation, and migration of PropKira — including but not limited to billing items, company master, lot owner master, meter setup, chart of accounts, user creation, and opening balances — within a period of one (1) month from the date of signing the Service Form.

2. Right to Use PropKira

2.1 The Customer is granted a limited, non-transferable, non-exclusive right to access and use PropKira via the PropKita Platform.

2.2 PropKita retains all rights, titles, and interests in PropKira, including all intellectual property rights. The Customer shall not sell, lease, license, or dispose of PropKira.

2.3 The Customer undertakes:

1. not to make copies of PropKira;
2. not to decompile, reverse engineer, or attempt to discover the source code;
3. not to use PropKira in any way that may impair its functionality or security;
4. to keep all login details (usernames and passwords) strictly confidential.

3. Support

3.1 All queries regarding PropKira must be made in writing to PropKita. Support will be provided during PropKita’s standard working hours. PropKita will use its best endeavours to provide technical assistance for any issues arising from the platform.

4. Login Details and Password

4.1 The Customer is solely responsible for all activities that occur under their account. You must immediately notify PropKita of any unauthorised use of passwords or any other breach of security.

5. PropKira Availability

5.1 PropKita does not guarantee that the service will be 100% uninterrupted. Access depends on internet connectivity and third-party cloud infrastructure.

5.2 PropKita will not be liable if PropKira is unavailable at any time, for any period. For planned maintenance resulting in longer-than-usual downtime, PropKita will endeavour to notify the Customer in advance via the Application or email.

6. Acknowledgements by Customer

6.1 The Customer acknowledges that:

1. PropKira is provided on an “as is, where is” basis;
2. PropKita is NOT the Customer’s accountant or financial advisor. The use of PropKira is not a substitute for professional accounting or financial advice. Any tax or audit questions should be referred to a third-party professional;
3. it is the Customer’s sole responsibility to ensure that PropKira meets their specific management needs.

7. Limitation of Liability

7.1 PropKita gives no warranty that PropKira will be error-free, timely, reliable, or virus-free.

7.2 PropKita excludes all liability for any incidental, special, or consequential damages relating to the use of, or inability to use, PropKira.

7.3 Loss of Data: PropKita does not guarantee that there will be no loss of data. This Agreement expressly excludes liability for any loss of data, regardless of cause.

7.4 PropKita’s total liability shall not exceed an amount equal to the Subscription Fees paid by the Customer in the previous one (1) month.

1. Adding Funds

Users may add funds to their PropKita Wallet through FPX or any other payment methods made available by PropKita.

2. Use of Wallet Balance

The wallet balance may be used for transactions and services available within the PropKita platform.

3. Withdrawal Processing Fee

4. Fee Deduction

The withdrawal processing fee will be deducted from the available wallet balance at the time the withdrawal request is made.

5. Sufficient Funds

Users are responsible for ensuring that sufficient funds are available in their PropKita Wallet to cover both the withdrawal amount and the applicable withdrawal processing fee.

6. Rejected Withdrawals

Withdrawal requests may be rejected if the available wallet balance is insufficient to cover the requested withdrawal amount and the withdrawal processing fee.

7. Right to Revise

PropKita reserves the right to revise the withdrawal processing fee and these Terms & Conditions at any time without prior notice.