Contractual Website Terms of the iproperty.com.my platform.
If you browse or otherwise access any content or data on the iproperty.com.my platform (including its website, mobile site or apps), you agree to be bound by these Website Terms.
We reserve the right to change any or all of our Website Terms or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our Website Terms or other notices on our platform your sole option is to immediately cease your use of our platform.
Our platform is not intended for use by any persons who have not reached their legal age (e.g. minors) or, persons who are incapable of managing their own affairs or mentally incapacitated. If you fall within any of these categories then please exit our platform, immediately. By your continued use of our platform you warrant that you are of legal age and of sound mind to access the services/products on our platform.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Information on our platform and in any iproperty.com.my publication should not be regarded as a substitute for professional legal, financial or real estate advice.
iProperty.com Malaysia Sdn Bhd (the Company) is responsible for maintaining our platform and all iproperty.com.my publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of the Company, and any Third Party Content on our website) and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.
Restrictions on use of websites
In accessing or using our platform you agree that you will not:
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Malaysia Copyright Act 1987, the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of iproperty.com.my copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third party websites do not form part of our platform and are not under the control of or the responsibility of the Company. When you link to those websites you leave our platform and do so entirely at your own risk. The Company and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by the Company.
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that the Company has permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms.
The Company may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, the Company may remove or disable access to any or all your Contributions if it considers that:
You retain all of your ownership rights in your Contributions. The Company is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant the Company a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by the Company and these terms.
You grant the Company, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
For any Contributions that you may retain moral rights in, you declare that:
You represent and warrant that:
Third Party Content
Our platform contains content provided to the Company by other parties (Third Party Content). the Company does not have a practice of monitoring or making inquiries about Third Party Content. The Company is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of the Company. You rely on Third Party Content completely at your own risk.
Our apps are provided subject to the platform or software provider’s terms.
If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and the Company. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone or iPad that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:
If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
We are (and Apple is not) responsible for:
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims you can contact us at [email protected], via the ‘feedback’ option on the app Settings menu or by calling +603 6419 5188.
To the extent permitted by local applicable laws, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
You represent and warrant that:
You agree to indemnify and hold the Company and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our platform or making Contributions not in accordance with these terms.
Policy for linking to our website
You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
Limitation of liability
Certain rights and remedies may be available under consumer protection legislations of Malaysia and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD$100.00 (or local currency equivalent).
By using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of Malaysia.
1. Effect of these Terms and Conditions
These Terms and Conditions govern your use of the iproperty.com.my application programming interface (“API”) and forms the basis of a legally-binding contract between you and iProperty.com Malaysia Sdn Bhd (the “Company”) regarding the use of the API.
IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD, INSTALL, COPY, USE OR ACCESS THE API. YOUR DOWNLOAD, INSTALLATION, COPYING, USE OR ACCESSING THE API CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
2. The Application Programming Interface (“API”)
3. Amendments to these Terms and Conditions
These Terms and Conditions may be changed by the Company at any time without notice, and you are responsible for regularly reviewing these Terms and Conditions. Your continued use of the API after the effective date of such changes will constitute your agreement to any such changes. If you object to any such changes, your sole recourse is to stop using the API and remove the API (and associated software code) from your website.
4. Licence to download, access, and use the API
Subject to these Terms and Conditions, and except as otherwise expressly set forth in these Terms and Conditions, the Company grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use the API to the extent specified in any API Scope of Use Specifications that may be issued to you (the “Licence”).
5. Termination of the Licence
The Licence continues until terminated by either party. You may terminate the Licence by discontinuing use of the API and by destroying all your copies thereof. The Licence terminates automatically if:
The Company reserves the right to charge fees for future use of or access to the API or Website content and services at the Company’s sole discretion.
7. Restrictions on Licence
The API is the property of the Company and protected by copyright law. The Licence conferred under these Terms and Conditions is subject to the following restrictions:
You agree that the Company (or its affiliates) may crawl or otherwise monitor your website for the specific purpose of confirming compliance with this clause 7.
8. Warranties, Liability and Indemnity
9. General Provisions
2. The Widget
4. Licence to download, access, and use the Widget
5. Termination of the Licence
The Licence continues until terminated by either party. You may terminate the Licence by discontinuing use of the Widget and by destroying all your copies thereof. We may terminate the Licence by withdrawing access to the Widget.
The Licence terminates automatically if:
6. Restrictions on Licence
7. Warranties, Liability and Indemnity
8. General Provisions
© iProperty.com Malaysia Sdn Bhd
Updated in July 2021