1. GENERAL

1.1 This platform (www.renosplus.com.my) (“Platform” / ”RENOSPLUS”) is operated and owned by Yes Project Management Sdn Bhd (“Yes Project”). Throughout this Platform, the terms “we”, “us” and “our” refer to Yes Project.

1.2 The following terms and conditions, including those additional terms and conditions and policies referred to anywhere in this Platform (collectively referred to as “General Terms and Conditions”) shall apply to all visitors, users who submitted a request for services offered by a merchant, via our Platform, in order to receive price quotations and/or other information and any party who access this Platform (“Potential Customer”), including all merchant (“Service User”). By visiting our Platform and/or engaging with the service offered and / or to be rendered by merchant in the course of his business offered on our Platform (“Merchant”), you agree to be bound by this General Terms and Conditions and/or Merchant’s Terms and Conditions.

1.3 Please read this General Terms and Conditions carefully before accessing or using our Platform. By accessing or using any part of our Platform, you agree to be bound by this General Terms and Conditions. If you do not agree to any of the General Terms and Conditions herein, then you may not access this Platform or Services offered on our Platform.

1.4 We reserve the right to revise this General Terms and Conditions at any time without prior notice to you. In the event of any revision(s) made to this General Terms and Conditions, the revised General Terms and Conditions will be posted on this Platform and shall be effective immediately. Please check this General Terms and Conditions regularly as your access to this Platform pursuant to the revised General Terms and Conditions being posted on this Platform shall constitute your consent to such revised General Terms and Conditions.

1.5 We may, with or without prior notice, terminate any of the rights granted by this General Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this Platform.

2. FUNCTION OF THE PLATFORM

2.1 You hereby acknowledge that the Platform shall function as an online platform for the Service User to connect with Merchant for the following services (“Services”):

(a) provision of our platform for the Service User to request for constructions and/or renovation services, relevant work, relevant project, relevant quotation and/or any other proposals in relation to construction and/or renovation works required from the Merchant (“the Works”);

(b) provision of our platform for the Service User to monitor and offer the Works to be carried out by the Merchant and convey such information to the requesting Service User;

(c) provision of our platform for the Works requested and offered to be finalised and accepted between the Service User and Merchant, facilitating the said transaction and ensuring the performance and smooth transition of the Works as offered by the Merchant;

(d) providing any other related services as may be required for the performance and completion of the transaction and/or the Works.

2.2 For the avoidance of doubt, we shall not be responsible for any transaction between the Service User and Merchant in any manner whatsoever save for providing a Platform for the engagement between the parties. By using the Services, you acknowledge and agree that all engagement, communication and/or transaction made or to be made shall be at your own absolute risks and that you shall hold us harmless against and from any liability in any manner whatsoever.

3. YOUR DETAILS AND ACCOUNT

3.1 You represent and warrant that you are at least 18 years old and that you are legally eligible to enter into binding contracts.

3.2 In the event a Service User intend to purchase services from our Platform, you are required to register and create an account with us as a customer OR a Merchant intend to offer your services on our Platform, you shall register and create an account with us as a Merchant and subject to the Merchant Terms and Conditions. When creating your account, all information and documents that you provide to us must be true, accurate, current, correspond to reality and complete in all respects. You are responsible for keeping any such information given to us complete and up to date. Should any of your information change, you shall change it online or notify us through email immediately.

3.3 All information or personal details that you provide to us shall be processed in accordance with our Privacy Policy which can be found here. You agree to be bound by all the terms and conditions of the Privacy Policy

3.4 At all material times, you are responsible for maintaining the confidentiality of your account and password. Your password should be unique and kept secured at all times. You will be solely responsible: -

(i) for all and any access to and use of this Platform by anyone who access your account using your password whether or not such access to your account is authorised by you;

(ii) all activities that occur under your account and/or password; and

(iii) for immediately notifying us of any unauthorized use of your password or any other breach or threatened breach of the security of this Platform.

3.5 We may suspend or cancel your account with us, with or without prior notice, at any time including but not limited to your non-compliance and/or violations of the General Terms and Conditions and/or Merchant Terms and Conditions herein in any way. We reserve the right to refuse and restrict the use of our Platform and/or terminate your account without prior notice if this General Terms and Conditions and/or Merchant Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

3.6 You agree to be bound to this General Terms and Conditions and/or Merchant Terms and Conditions and to accept liability for harm caused by any wrongful use of this Platform resulting from such access or use.

4. USE OF OUR PLATFORM

4.1 When you use this Platform and any Services through this Platform, you agree, but not limited to, the following: -

(i) use this Platform to make enquiries and legally valid orders only;

(ii) not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we have the right to cancel such order;

(iii) provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary (see our Privacy Policy). If you do not provide us with all the information we need, you cannot place your order;

(iv) not to use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Service User’s computer or mobile device or the Platform;

(v) prohibit from any actions that will or may cause disadvantage, financial loss or other damages to other users of this Platform, third parties or Yes Project;

(vi) prohibit from any actions that will or may be offensive to public order and morals, or violate laws, regulations, and ordinances;

(vii) prohibit from any false declarations when using this Platform for membership registration or other purposes;

(viii) prohibit from any illegitimate use of email addresses, passwords, or other personal information;

(ix) prohibit from using the Platform other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws; and

(x) prohibit from other actions that may interrupt the operation of this Platform.

4.2 Your interactions between Service Users and Merchant, whether individuals, companies and/or organisations found on or through the Platform, including performance of any services procured through the Platform, payment, transaction and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or Merchant. You should take reasonable precautions and conduct any necessary due diligence or inquiries you deem necessary or appropriate before proceeding to appoint, pay or transact with such third party or Merchant for any purpose whatsoever.

4.3 In the event of any dispute between you and any other Service User, or any other third party or user in relation to the Platform, such dispute shall be resolved between you and such party in the said dispute and that we shall not have or hold any responsibility, liability or obligation in relation thereof and we shall not in any event be involved for any reasons whatsoever and should in any event otherwise, we shall have the right to claim for all losses and expenses incurred from you, such third party or the Merchant.

5. YOUR CONTENT

5.1 You warrant and represent that your content will comply with these terms and conditions.

5.2 Yes Project will not be responsible for the accuracy and/or functionality of the Merchant’s content in the form or documents in which it is provided by the Merchant or as modified upon and in accordance with the Merchant’s instructions for inclusion on the Platform.

5.3 If we reasonably form the view that the Merchant’s content on our Platform may be pornographic, defamatory, misleading or deceptive or otherwise in breach of any third party’s intellectual property right, any third party’s other rights or in contravention of applicable law, we may without prior notice or any liability remove that Content from the Platform with or without notifying the Merchant of its removal.

5.4 You must not use our Platform to link to any website or web page consisting of or containing material that would, were it posted on our Platform, breach the provisions of these General Terms and Conditions and/or Merchant Terms and Conditions.

5.5 You must not submit to our Platform any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

5.6 The Merchant and/or Service Users shall indemnify and hold harmless Yes Project and its affiliates, employees, agents, contractors, directors, officers and third-party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Merchant’s and/or Service Users’ Content including but not limited to the posting and/or transmission of Merchant’s and/or Service Users’ Content on the Platform.

6. PAYMENT AND TAXES PAYABLE

6.1 We shall, at our sole and absolute discretion, charge any fees and/or late payment interest (if any) for the Services offered and provided on the Platform, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through our Platform and that you shall pay any such fees charged and prescribe by us from time to time. For the avoidance of doubt, any fees charged to you may be revised by us without any prior notification to you.

6.2 The payment for any proposed interior design, renovation or building works (“Proposed Works”) shall be made by the Potential Customer to RENOSPLUS on the following terms:

Table 1: Payment Terms of the Proposed Works by Potential Customer

Note:

*10% of the budget value shall be non-refundable in any manner whatsoever EXCEPT THAT the booking of the Proposed Works has been cancelled and the refund request has been made by the Potential Customer prior to any acceptance of the quotation for the Proposed Works and confirmation of the Merchant.

**any differences between the budget value and quotation value will be adjusted and revised by us accordingly for the 2^nd and 3^rd payment to be made by the Potential Customer.

6.3 You agree and acknowledge that all fees, charges and payments set out on the Platform are subject to taxes payable under the applicable laws, unless otherwise stated.

6.4 All payments by Potential Customer or Service Users in respect of products or services obtained through RENOSPLUS shall be paid in full without set-off or counterclaim and free of and without deduction or withholding for or on account of any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by any governmental authorities, and all interest, penalties or similar liabilities with respect thereto.

6.5 We reserve the right, with or without notice, to cancel any orders that we believe, in our sole discretion, may result in the violation of the Terms and Conditions. In relation to this, payment that have already been made may be forfeited.

6.6 We reserve the right to revise, amend or vary the Payment Terms from time to time in our sole discretion provided, however, that such revision, amendment or variation shall not apply retrospectively.

6.7 We are not responsible for any payment gateway providers and any of your losses/damages suffered as a result of such payment gateway providers.

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 Subject to this General Terms and Conditions and/or Merchant Terms and Conditions, all Services made available on this Platform are provided on an “as is” basis. We, including our directors, officers, employees and agents, to the extent permitted by applicable law, hereby disclaims any and all warranties, express of implied, including any warranty as to accuracy and completeness of the service(s).

7.2 We, including our directors, officers, employees and agents, shall not be liable, to the extent permitted by applicable law: -

(i) for any exemplary, punitive, direct, indirect, incidental, consequential or special damages arising out of or in connection with this General Terms and Conditions and/or Merchant Terms and Conditions and we make no (and hereby disclaims and negates any and all) warranties or representations whatsoever, express or implied, with respect to Services);

(ii) for the accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free Services, fitness for a particular purpose, availability and continuity of Services, and non-infringement of third-party rights on the Platform or other service that we provide on our platform; 

(iii) for any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available on the Platform;

(iv) for any engagement, transaction and/or dispute between the Service Users and any third-party user or Merchant;

(v) That all interior designers/construction company listed on the website are registered with official bodies in Malaysia; and

(vi) In respect of this, you further agree to waive all special, indirect, exemplary, punitive, direct and consequential damages against us.

7.3 We shall neither be privy to any transaction entered between the Service User and Merchant nor be privy to any discrepancies occurred in relation thereto and that all responsibilities, liabilities, duties, work and/or any other matters relevant for the performance of the Works shall be between the Service User and the Merchant and that we shall have no involvement nor any interest therein in any manner and/or capacity whatsoever, save and unless otherwise agreed by us, you as the Service User and the appointed Merchant.

7.4 In any event, to the extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to us in relation to such service(s) allegedly giving rise to our liability.

8. YOUR OBLIGATIONS AND RESPONSIBILITIES

8.1 When you access this Platform, you agree that you will act in accordance with the law, custom and in good faith. Without limiting the generality of any terms of this General Terms and Conditions and/or Merchant Terms, in the event of any breach by you of any terms herein, you shall be liable for all the losses and damages that this may cause to us or our partner.

8.2 When you accessing and/or using the Services of this Platform, you warrant to us that:

(a) you have the full authority to enter into a binding contract with the individual and/or company that is responsible for the performance of this Agreement and your acceptance of the terms of this Terms and Conditions shall, for all intent and purposes, be deemed as the acceptance by yourself or for corporate Service User and/or Merchant, by the company itself;

(b) you are a lawfully registered and/or incorporated as an entity in accordance with the laws of Malaysia and have the requisite, sufficient, adequate and necessary licenses as required by any of relevant authorities, insurances, financial resources, manpower, skills and expertise, equipment, kits and safety apparel and/or any other materials and/or matters relevant and required for the purpose of delivery and performance of the Works which shall at all times be maintained by you at your own costs and expense as obligated upon you by any laws, by-laws, regulations, circulars and/or directives mutually applicable in accordance with the industry standards;

(c) you have the necessary and required knowledge and/or expertise in performing the Works and if the Merchant’s Content or any part thereof turns out to be incorrect or insufficient, you shall promptly correct and/or deliver such information as to ensure accurate and sufficient representations of the Works required and/or offered;

(d) there are no bankruptcy and/or winding-up petition and or other legal proceedings been commenced or threatened against you;

(e) you shall at all times comply with all laws, by-laws and/or regulations in force and that you shall indemnify us in full from any action, damages, fines, costs as result of any breach of any laws, by-laws and/or regulations;

(f) you have read, understood and agreed to all the terms and conditions herein contained whereby you hereby disclaim and waive all its rights, against us including our directors, shareholders, management, subsidiaries and/or any other parties related thereto arising pursuant to this General Terms and Conditions and/or Merchant Terms and that you shall have no claims whatsoever against us including our directors, shareholders, management, subsidiaries and/or any other parties related thereto in any manner and/or capacity howsoever; and

(g) you shall not deny, object, query, dispute and/or in any manner challenge the terms and conditions herein or any part thereof which shall, for all intent and purposes, be deemed as the mutual intention between us and you as the Service User.

9. INDEMNITY

9.1 You shall indemnify and keep us, including our directors, officers, employees and agents, our successors-in-title and/or legal assigns fully indemnified from and against all claims, actions, proceedings, damages, costs, expenses and any other losses of whatsoever nature (including the legal expenses on a full indemnity basis) which we may suffered or incur arising from or in any way attributable, including without limitation, to the followings: -

(i) your breach of any of the terms of this General Terms and Conditions, Merchant’s Terms and Conditions or any applicable law;

(ii) any negligence or default or wilful misconduct (including any non-compliance with any of the terms herein);

(iii) any action or other proceeding in court taken by us to enforce or to recover damages for breach of any terms of this General Terms and Conditions, Merchant’s Terms and Conditions; and/or

(iv) any claims by third parties against us arising from a breach by you.

9.2 This indemnity shall continue in force notwithstanding the termination of your account.

9.3 For the avoidance of doubt, we disclaim any and all liabilities or lawsuits made against you.

10. INTELLECTUAL PROPERTY

10.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Platform, and all Yes Project’s Content, including without limitation the copyright in the compilation of all Service User’s Content, shall vest in and remain with Yes Project.

10.2 The trademarks, logos and service marks ("Marks") displayed on this Platform are the property of Yes Project or other third parties, and all rights to the Marks are expressly reserved by Yes Project or relevant third parties. You are not permitted to use any Marks without the prior written consent of Yes Project or such third party. Yes Project and its related companies aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Yes Project or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Yes Project.

10.3 The domain name on which the Platform is hosted on is the sole property of Yes Project and you may not use or otherwise adopt a similar name for your own use.

10.4 Neither the Content nor any portion of the Platform may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever without our express, prior written consent.

10.5 For the avoidance of doubt, you are not allowed to use our Content, including but not limited to as follows: -

(i) in connection with any service(s) in any way that is likely to cause confusion; and/or

(ii) in any manner that disparages or discredits us.

11. THIRD-PARTY’S WEBSITES

11.1 The Platform may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

12. CONFIDENTIALITY

12.1 You that all Confidential Information received from us are confidential and are not to be disclosed to or relied upon by anyone else, except with the prior written consent from us.

12.2 “Confidential Information” shall include, without limitation, all information transmitted in writing, orally, visually, electronically or on magnetic media, and including all financial and credit report, service plans and technologies, technical information, trade secrets, know-how, ideas, concepts, designs, drawings, sketches, flow charts, blue prints, diagrams, test data, applications, progress reports, methods research and any other personal or intellectual property relating, as appropriate, to the you and shall not include information that-

(i) is known to you prior to your receipt or becomes known to you by disclosure from a third party who has a lawful right to disclose the information;

(ii) is or becomes known to the public; and/or

(iii) is required to be disclosed by any relevant governmental authority or court of competent jurisdiction.

12.3 All obligations to preserve Confidential Information shall survive the termination of this General Terms and Conditions and/or Merchant Terms and your account with us.

13. TERMINATION

13.1 This Agreement is effective from the date that you first access the Platform or submit any information to us, whichever is earlier, and shall remain effective until terminated in accordance with its terms. We may immediately terminate this Agreement, and/or your access to and use of the Platform, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this General Terms and Conditions and/or Merchant Terms. Upon termination of this Agreement by either party, your right to use the Platform shall immediately cease, and you shall destroy all copies of information that you have obtained from the Platform, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all our rights of ownership shall survive any termination.

14. DISPUTES AND GOVERNING LAW

14.1 In the event of any disputes between you and us in relation for the Services on this Platform, we shall endeavour to settle all disputes, amicably by mutual consultation.

14.2 In the event that you and us are unable to reach an amicable settlement, such disputes shall be finally referred to the exclusive jurisdiction of the Malaysian Courts for adjudication.

15. SEVERABILITY

15.1 If any of the terms of this General Terms and Conditions and/or Merchant Terms or any part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms of this General Terms and Conditions and/or Merchant Terms shall not in any way be affected or impaired thereby.

16. NO PARTERSHIP

16.1 Nothing in these Terms and Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Yes Project and you and neither party shall have any authority to bind the other in any way.

16.2 You hereby acknowledge and agree that we are not a party to any oral or written agreement for any Works or any agreement or contract entered into between the Service User and Merchant in connection with any Works offered, directly or indirectly, through the Services on the Platform.

17. FORCE MAJEURE

17.1 We shall not be liable for any failure to perform any of our pursuant to this Terms and Conditions if the failure results from events beyond the reasonable control of us. For the purpose of this Terms and Conditions, such events shall include, but not limited to, strikes, lock-outs, or other labour disputes, riots, civil disturbances, actions or inactions of government authorities or supplies, epidemics, wars, embargoes, acts of God or other catastrophes.

18. GENERAL

18.1 The failure of us at any time to enforce any of the provisions of this Terms and Conditions shall not in any way affect our full right to require such performance at any time thereafter, nor shall the waiver of a breach of any terms herein be taken or held to be a waiver of any succeeding breach of such terms nor as a waiver of the terms itself, and this General Terms and Conditions and/or Merchant Terms shall, in all respects, remain valid and our right thereafter to enforce each and every terms strictly shall remain unaffected.

18.2 The rights and remedies provided in this General Terms and Conditions and/or Merchant Terms are cumulative, and are not exclusive of any rights or remedies of you and/or us provided at law, no failure or delay in the exercise or the partial exercise of any such right or remedy or the exercise of any other right or remedy will affect or impair any such right or remedy.

18.3 You shall not assign this Agreement (in whole or in part) unless you have obtained the prior written consent of Yes Project, and any assignment by you in violation of the foregoing shall be void. Yes Project may assign this Agreement (in whole or in part) without your consent.

18.4 This Platform is owned and operated by Yes Project in Malaysia. Yes Project makes no representation that the Contents of the Platform are appropriate or available for use in your location. Those who choose to access this Platform from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

1. 19. Our details

   19.1 This website is owned and operated by Yes Project Management Sdn Bhd.

2. 19.2 We are registered in Malaysia under registration number 202201014136

3. 19.3 Our principal place of business is at BDC, Parcel A5, 1st Floor, Sublot 47, Lot 19724, Block C1, Jalan Saradise, 93350 Kuching, Sarawak

4. 19.4 You can contact us by writing to the business address given above, by email to support1@renosplus.com.my  or by our Facebook page.