Contractual Terms and Conditions for the following:
- Users of the account log in on iproperty.com.my (“iProperty”);
- Users of ideveloper.newlaunch.iproperty.com (“iDeveloper”); and
- Users of irealtor.iproperty.com.my (“iRealtor”)
iProperty.com Malaysia Sdn Bhd (“Company”), a member of the REA Group Ltd’s group of companies (“REA Group”), is responsible for maintaining the Site. The Company reserves the right to change or modify these Terms and Conditions or any policy or guidelines of the Site, at any time and at its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these Terms and Conditions periodically and check the version date for changes.
The Services may also be located on third party websites and/or applications either as a link from an add-on service to, or otherwise in connection with, websites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.
- Third Party Advertising and Business Dealings
The Company may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party.
The Company is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you shall release the Company and/or REA Group from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- User Content
- You are solely responsible for all content, whether publicly posted or privately transmitted, and whether such content originated from you or a third party. This means that you are entirely responsible for all content, any listings, messages, reviews, text, photos, videos, graphics, code, or other content or materials that you provide to the Company or post, submit, publish, display or link to on the Site or send to other users (the “User Content”). Without limiting the foregoing, you will at all times adhere to strict proper online behavior, which are incorporated into these Terms and Conditions.
- You agree that by posting User Content on the Site, you are granting the Company and/or REA Group a royalty-free, non-exclusive, perpetual, irrevocable, worldwide and fully sublicensable license to (a) publish, reproduce, distribute, display, adapt, and otherwise use the User Content in any manner on or in connection with the Site or in the course of offering the Services; (b) sub-license these rights to the maximum extent permitted by applicable law. You understand and agree that any User Content that you post or submit to the Company may be redistributed through the internet and other media channels, and may be viewed by the general public.
- Information on the Sites and in any of the publications should not be regarded as a substitute for professional legal, financial or real estate advice. For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or negotiator.
- You understand that the Company does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, the Company is not liable for any statements, representations, content, or User Content provided by its users on the Site or in connection with the Services. The Company assumes no responsibility for monitoring the Site or the Services for appropriate content or User Content or conduct and has no obligation to screen, edit, or remove any of the User Content or content. However, the Company reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content or content at any time and for any reason or for no reason. The Company nonetheless assumes no responsibility for such User Content, content or for the conduct of the User submitting any such content.
- Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms and Conditions do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms and Conditions.
- You understand that the Company does not endorse, warrant or bear any responsibility for the content or User Content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, the Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content or content that is offensive, indecent or objectionable. Under no circumstances will the Company or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any content and/or User Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable content, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
- upload, post, email, transmit, link to any content or material or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
- harm minors in any way;
- fraudulent, false, misleading or impersonate any person or entity, including, but not limited to, our servant, agent, employee or official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or another person’s use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
- “stalk” or otherwise harass another;
- commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above; and
- to cache, hyperlink to, and frame the whole or any part of any websites comprised of in the Service save with our prior written permission.
- The Company reserves all our rights to disable any links to any other website in our sole absolute discretion. You acknowledge that we may or may not pre-screen content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content or content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any content (whether or not provided by you) that we believe in good faith violates the Terms and Conditions or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal.
- You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by us or submitted to us, including without limitation information in all parts of the Service.
- You acknowledge, consent and agree that we may in our sole discretion access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our rights, property or personal safety as well as those of our users and the public.
- You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and our content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service.
- Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- You use the Site and the Services at your own risk.
- Posting Rules
- You are not allowed to:
- advertise a listing that contains information deemed untrue, illegal, misleading, misrepresenting, inaccurate, and false in regards to of any such content;
- advertise a listing that contains propaganda statements and/or claims;
- advertise a listing illegally without the owner’s consent, including but not limited to individuals and/or private homeowners and property developers;
- advertise a price differently than of what agreed any contract between the owner and Real Estate Negotiator and/or Agent;
- advertise a listing that contains transaction information about any specific parties including but not limited to the Company, REA Group and/or any third parties;
- advertise a listing that infringes directly or indirectly the laws of Malaysia or any other international laws;
- advertise a listing as available but is not available for sale, rent or any other reasons pertaining transaction of a particular property;
- submit or claim listing and/or listings that do not belong to you or which you have no rights to;
- use pictures which contains watermarks belonging to other than the name of the advertising agent and/or any of his or her contact details;
- advertise more than one property per advertisement listing, be it in the title or body of the advertisement;
- You have to comply with the following advertisement conditions:
- usage of appropriate photos at suitable areas. e.g. Featured agent must highlight a photo of an agent and not an agency’s logo. This is also applicable to iRealtor Listings which must not have a photo of an agent;
- upload only relevant photos of the said property showcasing the interior, exterior or even the surroundings of the said property. Irrelevant photos are strictly prohibited, including but not limited to company logo, website details, customised photo, pictures of a gavel, for sale signboards, unique selling point propositions, placing borders and images from magazines;
- duplication of photographs is not permitted for one particular listing;
- all watermark for listings must only utilise the watermark system in iRealtor;
- all watermark for listings are recommended to contain text such as agent’s name and/or his or her iAgent personalised website;
- all watermark for listings must not have any branding terms e.g. Area Specialist and Condo Specialist;
- all watermark for listings must not be modified using designing tools like Photoshop and Illustrator to add any branding terms and special keywords e.g “specialist in a specific area’ or ‘cover all units’, ‘for sale’ and ‘for rent’.
- You must abide by these Terms and Conditions as it will reflect in our future developments such as consumer rating that would affect your listings quality amongst others.
- You are not allowed to:
- Copyright Policies
It’s unlawful for you to perform plagiarism, or using the work or media of another owner without explicit written permission including but not limited to photos, videos or any other form of media.
- User Account Policies
- Account sharing between you and other users are strictly prohibited. The licensed, proprietor and rightful user of the account is registered under the Company’s database;
- Reference to multiple persons in an account are also strictly prohibited, including but not limited to,You or user name, personal photograph, personal profile, phone number(s), email address (es) and any other information registered with the Company;
- You are responsible to keep his/her personal information, account and contact details constantly updated with the Company, and information should be accurate at all times; and
- Your agent photo is meant only for the individual account holder only. Using photos of any other items and/or beings is strictly prohibited.
- Listing Policies
Account provided to you by the Company should be used solely by the rightful owner, and should only serve advertisement classifieds or listings that he/she directly serves, owns or represents on behalf of. You should not post unsolicited listings on behalf of, for, or represent any other institution, company, corporation, individual, owner or any other agency that does not explicitly express its permission to allow you to do so.
- Fake / Unavailable Listings
All listings posted should be genuine and available as of real time.
- Falsified, inaccurate, unauthorized or misleading advertisement classifieds are strictly prohibited;
- Unauthorised use of listings or any other form of media and information are strictly prohibited;
- When a deal is completed, your listing directly relating to the deal, is deemed as “unavailable” and should be removed completely from the Sites;
- you are responsible for ensuring that listings are immediately removed from the system once dealings are made and listings are unavailable;
- Advertisement spamming that indicates suggestive, illegal or any other information that are forbidden against the norms are prohibited; and
- the Company reserves the right to forcibly remove listings contravening Clause 9(a) to 9(e).
- Termination and Suspension
- You may terminate your use and access to the Site and Services by discontinuing your use and access to the Site.
- The Company may suspend or terminate your use and access to the Site and Services as follows:
- immediately if you violate any of these Terms and Conditions; or
- by notifying you of a termination or suspension (including email of text message) of your use and access to any Site based on actual or suspected breach of the Terms and Conditions as follows:
- First offence
Official notification and warning issued.
- Second offence
Second official notification and warning issued, attached with the first official notification.
- Third offence
Two (2) weeks suspension of access to any account to any one or more of the Sites with official notification and attached with the first and second official notifications.
- Subsequent offences
One (1) month suspension of an account from any one or more of the Sites with official notifications and attachments of previous official notes.
- First offence
- The Company will not refund and/or compensate you, in the event that your use and access to the Site is suspended or terminated under Clause 10.2. The Company reserves all its rights and remedies under these Terms and Condition (including without limitation, Company’s right to remove User Content or content under Clauses 4.4 and 4.7).
- Contact Us
For any queries please contact the Company’s representative at +603-6419 5166.
© REA Group
Last updated in May 2018