ACCEPTABLE USE POLICY – DEVELOPER AND OTHER ADVERTISERS
In these terms and conditions the defined terms used in this Acceptable Use Policy shall have the same meanings prescribed in the Customer Terms and Conditions, namely Advertisement Material, listings, Platform, Product/Service, etc. There are additional defined terms as set out below:
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 Customer Terms & Conditions – Developer & Other Advertisers.
1.2 “We/our/us” means iProperty.com Malaysia Sdn Bhd.
1.3 “You/your/the client” means you, our customer.
2.1 This Acceptable Use Policy is applicable to your use of the Platform to display Advertisement Material for sale.
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 Customer Terms and Conditions for the Product/Service.
2.4 We reserve our rights to maintain the quality of Listing 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 considers 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 display of Advertisement Material and bona fide listing of real property for sale, on behalf of the person entitled to offer the property for sale and in accordance with this Acceptable Use Policy
4.1.2 Authorization: to list properties for which you have the appropriate permissions and agreements from the person entitled to offer the property for sale.
4.1.3 Image of property: to submit 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.
4.1.4 Remove sold properties: you shall remove a property listing from the Platform promptly if it is not available for sale in the market, otherwise you will be penalized for being in breach of Clause 6.1 of this Acceptable Use Policy.
4.1.5 Rules for Advertisement Material Containing Video:
f. You must not display on our Platform any Video that is created, licensed and/or provided by any of our competitors as advised by us in writing from time to time.
g. The above rules apply to all forms of Videos permitted by us for use or display on our Platform.
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 Advertisement Material: do not list anything other than the Advertisement Material or real property for sale. For example: cars, car spaces, boats, caravans and portable homes are not acceptable listings on the Platform.
5.1.2 Advertising your business: do not use the Product/Service to advertise your business or its services. Each listing uploaded by you must be a bona fide listing of real property for sale. Any reference to material other than listing details for a property or property development must be approved by us before being displayed on the Platform.
5.1.3 Competing with us: do not use the Product/Service to advertise the business or services of our competitors (collectively “Competitors”).
5.1.4 Incorrect categorisation of properties for sale: do not use the Product/Service to:-
5.1.5 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).
5.1.6 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 if you have access to load information onto the Platform. 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 company in the description header or property description field.
5.1.7 Watermarks in photos: do not insert any name, telephone number, address, website or logo of any agent, agency or Competitor as a watermark in any Listing.
5.1.8 Incorrect Videos, photos or pictures : do not use the Product/Service to display photos, pictures and/or Videos of properties which do not accurately represent the property offered for sale (for example: ‘Too Early for Picture’ or images of cartoon houses are not acceptable).
5.1.9 Borders around photos or pictures: do not use the Product/Service to display a photograph, drawing or other image within a border that detracts from the quality of the image on a Listing.
5.1.10 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 marketing material through the use of branded objects in photos, such as signboards, cars and coffee cups.
5.1.11 Photo or image collages: do not display a collage or combination of photos or other images within one frame on a listing.
5.1.12 Displaying ‘Lifestyle’ images as main image: do not display a ‘lifestyle’ photograph, drawing or other image as the main image in a property listing, including where the focus is not the property, its features of amenities eg where the focus is on people or animals. 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.
5.1.13 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.
5.1.14 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.
5.1.15 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.
5.1.16 Listing without authority: do not list property that you have not been permitted or authorised to sell and for which you do not have a signed authority from the owner or vendor.
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 authorized to sell the property at all times for the duration of the Listing and managing all enquiries from potential buyers on their behalf.
5.1.19 Allowing others to use the Product/Service: do not use the Product/Service to advertise properties for sale for another company 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:
5.1.21 Other inappropriate content: do not use the Product/Service for any unlawful, illegal, malicious or improper purpose or in a way that is inappropriate having regard to our need to maintain the quality of our Platform to ensure a positive experience for consumers. For example: do not use content or photos in the Listing that:
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, 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 temporarily remove your Listings for a period of thirty (30) days or more.
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 Malaysian version and the English version, the English version will prevail and the Bahasa Malaysian version is considered automatically amended effective from the date of effect of the English version, to make the relevant part of the Bahasa Malaysian version consistent with the part of the English version in question.
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Updated July 2021