This Terms of Use contains three (3) main chapters which is Terms of Use, Privacy Policy, and Terms of Payment. Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations.

Terms of Use

Date of Last Revision: 17 June 2009

Welcome to Tupaa.com, a wholly owned by Gomo Technology (company registration no:001842859-U) is a web portal that connects you with the Property Developers. Tupaa.com which provides the service (collectively, “We” or “the Service”) is the acronym for The Ultimate Property and Architectural. By using our web site at www.tupaa.com (the “Site”), you (the “User”) or the party contracting for property advertisements and/or third party advertiser that placed advertisement banner on the Site (the “Advertiser”) signify that you have read, understand and agree to be bound by these Terms of Use (“Agreement” or “Terms of Use”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not access the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

1. User Conduct
Tupaa.com, the Service and the Site offers you access to the Tupaa.com website solely for your personal, non-commercial use only. You warrant and agree that you will not use the Service or the Site, in whole or in any part that will violate or infringe or prohibited by these Terms of Use. However, you may not reproduce, redistribute, copy, modify, extract and re-utilise any images, pictures, information on this Site without our prior written consent.

2. Reservation of Rights
We reserve the copyright and all other intellectual property rights in this Site, including names, logos, trademarks, patents, database, and trade secrets.

3. Disclaimers
Tupaa.com shall not be responsible or liable in any manner and make no warranty, express or implied, as to the accuracy, reliability of the content, quality of information posted or transmitted through the Service. It is provided to you “as is” and we disclaims all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.

We make no warranty or responsibility that content or material on this Site, whether express or implied, that any part of the Service will be uninterrupted, free of viruses, worms, Trojans or other harmful components, and error-free, nor that it is safe in any manner to download. Therefore, you should always exercise caution and use industry-recognised software to detect and disinfect viruses.

Tupaa.com is not responsible for any problems, service delay in operation or transmission, communications line failure, traffic congestion on the internet, technical malfunction of any telephone network or lines, computer equipment, computer online systems, servers or providers, resulting from use of the Tupaa.com Services. Without limiting the foregoing, you understand and agree that neither We nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Tupaa.com reserves the right to change any, and all content, and other items used or contained in the Site and any Services offered through the Site at any time without notice.

4. Limitation of Liability
In no event shall Tupaa.com be liable to you or the Advertiser or third party for any direct or indirect loss profits, lost savings, expense or damages arising from any inaccuracies, errors, faults, or omissions in the contents of the Site, including negligence, corruption of data, loss of operating time, internet error or unavailability, whether consequential or incidental arising from your use of the Tupaa.com Services, even if We have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Tupaa.com’s liability to you or the Advertiser or third party, will at all times be limited to the amount of the price paid by you or the Advertiser.

5. Indemnity
You or the Advertiser shall indemnify and hold Tupaa.com, and their respective partners and employees, harmless from any losses and damages, liabilities, claims, demand, cost, expenses, infringement of intellectual property rights, or property damage arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or arising which We may sustain, suffer or pay arising out of or in connection with the use of the Service by the Advertiser.

6. Governing Law
These terms will be governed by the laws of Malaysia and all disputes will be submitted to the jurisdiction of the Malaysian courts.

Privacy Policy

We are committed in protecting your privacy. We will not disclose, rent or sell your information to others. Your data will not be provided to third party unless we find that your use of this Site violates our policy or Terms of Use as deemed reasonably necessary by us to protect our legal rights. When you visit Tupaa.com, you provide us with two types of information.

Personal information you choose to disclose to us that is collected by us.

Website information collected by us as you interacts with our Site.

Personal information is such as your name, your address, your telephone number, your gender, your email address, and any other personal preference information that you provide to us when you send an email or enquire us regarding our Service. This data is used in our marketing and to help us improve our Service(s) and features. If you access the hyperlinks of our Advertisers, you are governed by their privacy policies. We are not responsible for the privacy policies and practices of any other websites.

Website information is the data we collect such as your browser type, date and time you access our site, number of pages viewed, length of time spent on Site, IP address, whether you linked to our Site from another website. When you enter Tupaa.com, we gather this data automatically and store certain information from your browser using “cookies”. A cookie is a piece of data stored in the hard drive of your computer by browser on the user’s computer tied to information about the user, and let our Site retrieve it when you visit our Site again. We use this information to help us make our site more useful and improve the Service to visitors like you. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.

1. Cookies
The default setting for most internet browser is having its cookies turned on. Please note that to get the most functionality from our Site, we need to have your browser cookies turned on. (Consult your browser help file(s) or manual on how to turn your cookies on)

2. Third Party Advertising
When you access these 3rd party sites from any linked banner advertisement, you do so entirely at your own risk. Tupaa.com takes no responsibility for third party advertisements that are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Under no circumstances shall Tupaa.com be liable for any loss or damage sustained neither by reason of any dealings concerning the advertiser’s business nor for any error or inaccuracy with respect to any information disclosed by any other advertiser.

3. No Guarantees
While committed in maintaining our standards and protecting your data, there may be factors beyond our control that may result in disclosure of data. As a consequence, We make no promise or guarantee of these standards and disclaim any representations or warranties relating to non-disclosure of data.

Terms of Payment

1. Definitions
1.1 Company: Shall refer to Gomo Technology. (www.tupaa.com).

1.2 Advertiser: Shall refer to the registered company or party contracting for the property advertisements on the Company's website.

1.3 Service: Shall include any service provided by the Company including:

- the provision of online property listings;

2. Payment of Fees
2.1 All amounts owed to the Company must be paid within the specified payment terms from the date of the invoice. The Company will not upload the page of the Advertiser until full payment has been made compliance with the stipulated payment terms.

2.2 Prices for Services may vary at any time without notice. Advertisers shall not be entitled for any rebate or discount on previously agreed contracts / sales orders as a result of changes to the Tupaa.com standard or promotion rates.

2.3 Advertiser shall be liable for full payment of Service fees from the commencement of the contract / sales order. Payment must be made notwithstanding any errors or omissions in the advertisement.

2.4 All prices quoted are exclusive of any applicable taxes unless specifically noted otherwise.

3. Suspension

3.1 Without prejudice to any other rights, the Company reserves the right to suspend access to any and all aspects of its Service without refund in the event of non-compliance by the Advertiser with these Terms of Use.

4. Tupaa.com - Advertising Policy
4.1 Acceptable Use:
It is acceptable to use the Service for listing of real project and property for sale, and in accordance with this Agreement, the general Terms of Use and Privacy Policy.

4.2 Unacceptable Use:
It is not acceptable for developer to list anything other than real project and property for sale. For example: cars, boats, electronic gadgets and home furniture are not acceptable listings on Tupaa.com for developer.

Developer shall not provide irrelevant and misleading listing information, all information supplied regarding the company; project and property must be relevant and bona fide. Displaying pictures or photos other than company logo, project and property for sale is not acceptable. In addition, the pictures or photos displayed must not violate copyright.

Developer shall not list project or property that has not been authorized to market for sale, and developer must have the valid license to sell the marketed project or property. Using the Service for any unlawful, illegal, malicious or improper purpose is not acceptable. For example: it is not acceptable to, in your use of the Service, display material that:

a) may defame or discredit another person or business;

b) may disclose private, personal or confidential information;

c) might be considered obscene, offensive, menacing or abusive;

d) might infringe the intellectual property rights of others;

e) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

5. Cancellation of Order & Refund Policy
5.1 Charges apply for cancellation on all confirmed order return with company rubber stamp and signatory. Cancellation fee is 50% of total price quoted in confirmed orders.

5.2 All information pertaining to the Company paid Service for Advertisers are freely available on the Tupaa.com website. Additionally advertisers can contact the Company's marketing managers before making a purchase. All advertisers are fully advised to make their own informed decision before they purchase any of the Service. The Company will not make any refund in part or full for the Service purchased.