ACCEPTABLE USE POLICY – AGENT & AGENCY

Applicable to all customers of iproperty.com.my, who are agents or agencies.

1. DEFINITIONS
In these terms and conditions:

1.1 “Customer Terms and Conditions” means the general terms and conditions that apply to you and us in relation to the Products/Services specified in your Sales Order Agreement, which are found at https://www.iproperty.com.my/customer-terms-and-conditions-agents-agencies/

1.2 “Advertisement Material” or “Listings” means any listing or advertisement material on our website that advertise real estate property, project launches, property developments or property related ancillary services approved by us.

1.3 “Platform” means the iproperty.com.my desktop website, mobile website and mobile applications (including mobile phone, tablet and wearable applications) and related systems tablet and apps and any other website that we operate and to which we allow the display of your Advertisement Material.

1.4 “Product/Service” may include any of the following products or services or a combination thereof which is identified in the Sales Order Agreement:

(a) subscription with us that gives you the right to upload your Advertisement Material, details and images to the Platform;
(b) having your Advertisement Material featured on our website at www.iproperty.com.my;
(c) any associated or ancillary service we agree in writing to provide to you.

1.5 “We/our/us” means iProperty.com Malaysia Sdn Bhd.

1.6 “You/your/the client” means you, our customer.

2. INTRODUCTION
2.1. This Acceptable Use Policy is applicable to your use of the Platform to display Advertisement Material for sale or for rent, agent profile information and the Agent Log-In to upload property listings for display on the Platform.
2.2. This Acceptable Use Policy forms part of your agreement with us for the Product/Service.
2.3. We may change this Acceptable Use Policy as set out in the https://www. iproperty.com.my/customer-terms-and-conditions-agents-agencies/ for the Product/Service.
2.4. We reserve our rights to maintain the quality of listing and agent profile content on the Platform by making such directions in relation to modification of content that we consider reasonable in the circumstances. The terms of this Acceptable Use Policy are a list of our requirements. We may direct you to modify content that we consider are reasonable in the circumstances.
2.5. We may interpret and apply the requirements below in such reasonable manner that are appropriate in the circumstances having regard to maintaining the quality of our Platform.

3. YOUR OBLIGATIONS
3.1. You must abide by the requirements of this Acceptable Use Policy.
3.2. You must only use the Product/Service for the purposes for which it was designed and offered and not for any other purpose including, but not limited to, any purpose stated in this Acceptable Use Policy as being not acceptable.
3.3. You must use the Product/Service in a responsible manner, taking into account the effects your use of the Product/Service may have on other users of the Product/Service and the Platform.

4. ACCEPTABLE USE
4.1. It is acceptable to use the Product/Service in the following manner:

4.1.1 Real estate Listings: to use the Product/Service for the bona fide listing of real property for sale or rent, on behalf of the person entitled to offer the property for sale or rent and in accordance with this Acceptable Use Policy
4.1.2 Authorization: to list properties for sell or rent to which you have the appropriate permissions and agreements from the property owners, including without limitation individuals, and/or private homeowners and property developers.
4.1.3 Agent profile name and image: to post

(a) an image of the individual profiled agent(s) in your agent profile image field (e.g. posting a logo, text, trade mark or property image); or
(b) your personal name in the agent profile name field (e.g. posting company names, etc.)

4.1.4. Image of property: to upload at least one (1) photo of the property in the Listing(s) which is of high resolution and is clear and not broken or opaque. You shall only display a photo of the property advertised for sale or rent, unless the Listing refers to an office, apartment, condominium, or town house where a photo of the building or neighbouring buildings can be displayed. Duplication of photographs is not permitted for one particular Listing.
4.1.5  You shall remove  a property listing from the Platform promptly if it is not available for sale or rent in the market, otherwise you will be penalised for being in breach of Clause 6.1 of this Acceptable Use Policy.

4.1.6. Rules for Content Containing Video/Moving Images/3D Tours (Video):

(a) Each Video on a listing must advertise a property for sale or rent and focus predominantly on the property. You must not use Video to advertise yourself or your agency, except that you may include a transparent watermark of your agency logo in one corner of the Video with dimensions no greater than 10% of the total image size (i.e. 80 pixels by 60 pixels) that does not obstruct the Video content.
(b) Images and sounds in Videos must relate to the property being offered for sale or rent. Displaying a ‘lifestyle’ image or commenting on lifestyle features is acceptable (eg a view from the property or an image of some local environmental or structural feature or amenity) provided the property remains the principal focus of the Video.
(c) You must not use the Video functionality in a way that is likely to mislead or deceive users of the Platform.
(d) You must adhere to the technical requirements for embedded property videos communicated to you from time to time.
(e) You must not use the Video functionality for any unlawful, illegal, malicious or improper purpose e.g it is not acceptable to display images or include commentary that:

I. may defame or discredit another person or business;
II. may disclose private, personal or confidential information;
III. may be considered obscene, offensive, menacing or abusive;
IV. may infringe the intellectual property rights of others;
V. contain content relating to ethnicity, religion, race and interfaith; or
VI. may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

(f) You must not include any agent contact details (e.g. phone, skype, email, social media or website address) other than the agency name.
(g) You must not include any links to websites or other tools with additional functionality (e.g. contact an agent, enquiry or booking call-to-actions such as “book inspection” or “contact agent”).
(h) The above rules apply to all forms of moving images permitted by us for use on our Platform including images involving video, animated, virtual, rendered and scanned technologies. The general Acceptable Use rules apply to images and sounds in Videos, including without limitation Clauses 4.1.6 and 6.

5. WHAT IS NOT ACCEPTABLE USE?
5.1 It is not acceptable use of the Product/Service to engage in any of the following practices, or to allow anyone else to engage in the following practices, in using the Product/Service:

5.1.1. Listings other than real estate: do not list anything other than real property for sale or rent. For example: cars, car spaces, boats, caravans and portable homes are not acceptable listings on the Platform.
5.1.2. Advertising your business or your agents: do not use the Product/Service to advertise your business or your agents in a Listing. Each listing uploaded by you must be a bona fide listing of real property for sale or rent. For example: using the Product/Service to advertise your business or its services as a property agent is not acceptable. It is also not acceptable to include dedicated marketing content about your agency or agents within a Listing, including images (such as photographs of agents) or text within the photo gallery.
5.1.3. Incorrect categorisation of properties for sale: do not use the Product/Service to:-

(a) list properties for sale or rent other than in accordance with the categories set out in Clause 3.1 above;
(b) list properties for sale in the ‘Rent’ section; and listing properties for rent in the ‘Buy’ section; and/or
(c) list primary property listings in the ‘secondary’ property listings; and list secondary property listings in the ‘primary’ property listings.

5.1.4. Generic listings: do not use the Product/Service to list properties which do not specify the lot number or address (for example ‘various properties available’ is not acceptable).
5.1.5. Misuse of fields: do not use the Product/Service to place false or irrelevant information in an information, description or picture field of a Listing. You must only use the information, description or picture fields to insert information that is intended for those fields. For example, do not insert the name or contact details of your business or agency in the description header or property description field.
5.1.6. Watermarks in photos: do not insert an agency name, telephone number, address, website or logo as a watermark in any Listing. All watermarks for Listings must only utilise the watermark system of iRealtor.
5.1.7. Incorrect photos or pictures: do not use the Product/Service to display photos of properties other than the property for sale or rent. For example: ‘Too Early for Picture’ or images of cartoon houses are also not acceptable.
5.1.8 Borders around photos or pictures: do not display a photograph, drawing or other image within a border that detracts from the quality of the image on a Listing.
5.1.9 Text or marketing in photos or pictures: do not display text within a photograph, drawing or other image that detracts from the quality of the image on a Listing, or do not display any agency marketing material through the use of branded objects in photos, such as signboards, cars and coffee cups.
5.1.10. Photo or image collages: do not display a collage or combination of photos or other images within one frame on a listing.
5.1.11. Displaying ‘Lifestyle’ images as main image: do not display a ‘lifestyle’ photograph, drawing or other image as the main image in a property listing. We will have discretion to determine what constitutes a ‘lifestyle’ image for this purpose, but for guidance a lifestyle image will commonly be an image of some local environmental or structural feature or amenity, and not an image of the exterior or interior of the property itself.
5.1.12. False street and place names: do not use street names, suburbs or location names that are inaccurate or not officially recognised. For example: stating that a property is within a neighbouring suburb is not acceptable.
5.1.13. Duplicate listing of properties: do not use the Product/Service to create multiple Listings (or more than one Listing for the same property). For example, do not list the same property more than once, including but not limited to, listings with different prices, address details, property types selected or listings loaded into multiple sections on the Platform. If you wish to upload a Listing for the same property you shall first remove the previous Listing for the same property. We are entitled to take necessary action, including but not limited to suspension of your Product/Service, if you repeatedly upload multiple Listings.
5.1.14. Multiple listings at the same street address: do not list more than 10 unique properties in unique listings at the same street address. Using the same titles, images or descriptions for these listings is also not acceptable. Using a showroom or generic photo without reference in the listing to the fact that the image is not that of the property advertised is not acceptable.
5.1.15. Listing without authority: do not list property that you have not been permitted or authorised to sell or rent and for which you do not have a signed authority from the owner or vendor.
5.1.16. Listing for primary project or project developer: do not list a property for primary project or project developer. If you are appointed by a developer as an exclusive agent or sole agent of a property project then please contact us at +603-6419 5166 for guidance.
5.1.17. Impersonating other persons: do not list use the Product/Service in way that is impersonating another person or persons.
5.1.18 Reselling the Product/Service or its contents: do not resell the Product/Service or its contents to any other person. If you are Listing a property, you must be representing the owner or authorized person in the sale or rent of that property at all times for the duration of the Listing and managing all enquiries from potential buyers and renters on their behalf.
5.1.19. Allowing others to use the Product/Service: do not use the Product/Service to advertise properties for sale or rent for another agent or agency that is not subscribed to the Product/Service.
5.1.20. Misleading or deceptive conduct: do not use the Product/Service in a way that does or is likely to mislead and deceive the public users of the Platform, including without limitation:

(a) Uploading new Listings in the incorrect location, even if subsequently moved to the correct location;
(b) including false or misleading information in the descriptive text of an agent profile in the “Find Agents” tab of the Platform; or
(c) quoting inaccurate, incorrect price or unrealistic rental or selling price. For example, do not indicate zero as the rental or selling price.

5.1.21. For example: do not use content or photos in the Listing that:

(a) may defame or discredit another person or business;
(b) may disclose private, personal or confidential information;
(c) may be considered obscene, offensive, menacing or abusive;
(d) may infringe the intellectual property rights of others;
(e) contain content relating to ethnicity, religion, race and interfaith; or
(f) may violate any law, regulation, standard, content requirements or code promulgated by any relevant authority or industry body.

6. BREACHING THIS POLICY
6.1. If you use the Product/Service in a way that breaches this Acceptable Use Policy, you are in breach of a material obligation in your Agreement with us for your use of the Product/Service.
6.2. If you breach this Acceptable Use Policy, we are entitled to take action to remedy the breach, including without limitation, terminating or suspending your Product/Service; deleting a specific Listing, deleting an agent profile, prohibiting a Listing from being uploaded to the Platform or any other action that we are permitted to take under our Agreement with you and according to law.
6.3. For the avoidance of doubt, if we give you notice of a breach or breaches of this Acceptable Use Policy, we may require you to remedy those breaches within a period of time. We reserve our rights to take suspension or termination action where you are in breach of ANY requirement of this Acceptable Use Policy at any time after the period specified in such a notice (and not only where you are in continuing breach of the specific requirements identified).
6.4. Where we suspend or delete Listings or Listings are prevented from being uploaded due to a breach or attempted breach by you of this Acceptable Use Policy, you will remain liable for your contractual obligations until the date of termination or expiration of your Agreement with us. For the avoidance of doubt, we may exercise our right to suspend or remove your Listings permanently or temporarily for thirty (30) days or more.

7. LANGUAGE
7.1 This Acceptable Use Policy is made in Bahasa Malaysia and English. Both versions are equally authentic. If there is a discrepancy or difference in interpretation between the Bahasa Malaysia version and the English version, the English version will prevail and the Bahasa Malaysia version is considered automatically amended effective from the date of effect of the English version, to make the relevant part of the Bahasa Malaysia version consistent with the part of the English version in question.

© All rights reserved. REA Group Ltd.
Updated October 2019