Terms And Conditions Of Use For Services Provided By StarProperty Sdn. Bhd. (Company No. 708369-V) ("COMPANY") ("T&C")
This T&C governs your access to and use of the services provided by the Company ("Services") vide the portals owned and/or managed by the Company which shall include but not limited to Starproperty.my, Propwall.my and iBilik.my and the mobile applications Propwall Connect iPad app (collectively "Portals").
By accessing and/or using the Portals and/or Services, you are indicating that you have read, understood and agreed to be bound by the terms and conditions contained herein. If you do not agree to any of these terms, you must cease accessing and/or using the Portals and/or Services.
If you are an individual, you must be at least 18 years of age, or of legal age as specified by the laws of Malaysia from time to time, in order to use the Portal. We disclaim responsibility for our contractual obligation made with a minor.
You are required to register for an account by providing, amongst others, your name, email address and password. You may be able to access and/or use the Portals and/or Services without registration. However, if you choose not to register with us, you may not be able to access and/or use certain part of the Portals and/or Services.
You may post an image for the use of your online profile. By submitting such image, you represent and warrant that you are authorised to use such image and such image will not infringe the rights of any third party in any way whatsoever, and grants us the non-exclusive and royalty-free right to use the image in perpetuity.
You shall provide us accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the T&C herein, which may result in immediate termination of your account.
In registering an account, you shall not: -
select or use a third party’s name with the intent to impersonate that person; or
use a username which in our sole discretion deem that such name is offensive, vulgar or obscene.
We reserve the right to refuse registration of, or cancel an account in our absolute discretion. You shall be responsible for maintaining the confidentiality of your password at all times.
Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.
The registration of registered estate negotiator code (or equivalent) is compulsory for Real Estate Negotiators, Property Agents or Estate Agents pursuant to BOVEA upon setting up an account with us before you are able to utilise the Post Classified Ads feature. Agents who do not register or key in the wrong REN code will risk being fined by Board of Valuers, Appraisers and Estate Agents (BOVEA) for breaking the law. We will not be held responsible for any claims or liabilities pertaining to this issue. For more information please refer here: http://propertyagent.gov.my/faq-for-the-general-public/.
Use of the Portals & Disclaimer
By accessing and/or using the Portals and/or Services, you may, amongst others:-
access to a variety of real estate related products and services such as real estate listings and related information, mortgage related information, real estate professional profiles, advertisements, user discussions, articles, tools and widgets;
search and browse property listings posted in the Portals;
post classified advertisements onto the Portals;
communicate with users of the Portals; and
post information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content").
We do not represent or warrant that:-
access to the Portals or any part of it, will be uninterrupted, reliable or fault-free; and
the Portals or any of its contents will be accurate, complete or reliable.
You are responsible for seeking profession advice and/or consultation to verify the accuracy or reliability of the contents made available in the Portals. All use of the contents of the Portals is at your own risk and you are solely responsible for all damages resulting there from.
We reserve the right to amend any information provided for publication to rectify any errors (such as typographical and grammar errors) and inaccuracies or remove any listings that is inappropriate or is in breach of the T&C.
Portals display property listings and classified advertisements from third parties. All information associated with property listings and classified advertisements are provided on "as is where is" basis. We do not in any way endorse any property listings and classified advertisements.
We take no responsibility and assume no liability for any property listings or classified advertisements displayed/posted on the Portals or for the accuracy of any information contained therein or associated therewith.
Your dealings or communications with, the companies or businesses or individuals, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such company or business or individual. We shall not be responsible or liable in any way whatsoever for any loss(es) and/or damage(s) of any sort incurred as the result of any such dealings or as the result of property listings and advertisements appearing in the Portals.
Listings and Advertising Rules
You must ensure that your property listing and advertisements comply with all applicable laws, statutes, regulations, industry code of conduct or guidelines issued by any relevant authority and/or trade organisation. Such property listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any relevant trade organisation, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person.
You must have the authority to market the property and/or publish the property listing on our Portals. If you are listing a property, the property listed shall not:-
contain information that is deemed false, illegal, inaccurate, misleading, misrepresenting, and/or untrue in regards to of any such information;
be posted without the owner’s consent, which may include, but not limited to individuals and/or private homeowners and property developers;
advertise a price different than the agreed price between the owner and yourself;
be listed as available but is in fact no longer available for sale or rent;
contain information about neighbours or other information that would potentially be viewed as an invasion of privacy;
contain materials which belong to third parties including pictures belonging to another; and
be duplicated in another property listing on the Portals.
You shall not misuse the personal data obtained or generated from your property listings or advertisements and shall at all times ensure that you are in compliance with the Personal Data Protection Act 2010.
You shall only upload photographs of the said property showcasing the interior, exterior and/or the surroundings of the said property. Your photograph will be automatically modified by us by inserting your contact details.
Irrelevant photographs are strictly prohibited, including but not limited to company logo, customised photo, pictures of a gavel, for sale signboards, unique selling point propositions, placing borders and images from magazines. We also do not allow any watermarks on the photographs (including third parties' logo, name, phone number, email, USP, etc). Should you upload such photograph, we reserve the right to remove the said photograph without prior notice.
You may purchase or be rewarded with credit(s) for use in the Portals. Such credits may be use for, amongst others, purchase leads, to be an area / development specialist, upgrade property listing to be pushed to the top of search list of the Portals, to advertise on Star Classifieds and to feature classified listing on the Portals. All credits purchased or rewarded cannot be cancelled or exchanged for cash and you are not entitled to any refund.
You understand that all Content, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated.
We do not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in the Content which you submit, post, upload or display onto or through the Portals. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, exploit and archive the Content in accordance with or as reasonably contemplated by this T&C.
When you post, submit, or upload Content onto the Portals, you represent and warrant that:
you own all copyright in and to the Content, or if you are not the owner, that you have express permission from the owner to use the Content, and that you have the right to use and/or display the Content via the Portals;
you and/or your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
you and/or your Content, and your usage, storage, reproduction and display of the Content on the Portals will comply with any and all applicable law, rules and regulations;
your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions;
your Content is not in violation of any applicable laws.
The use of this Portal is subject to our guidelines.
You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account. We also reserve our rights to introduce, change or amend our guidelines from time to time without reference to you therefore you are strongly encouraged to visit Terms and Conditions from time to time for any updates on the guidelines.
You hereby agree to accept our Confidential Information (as hereinafter defined) which we disclosed or made available to you on a confidential basis in accordance with the confidentiality provisions set out in Clause 8 of this T&C.
For the purposes of this T&C, "Confidential Information" means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information which we disclose or make available to you.
However, Confidential Information does not include information that:
is or becomes publicly known and generally available other than by breach of this T&C; or
was already in your possession (as documented by written records) without confidentiality restrictions prior to receiving it from us.
You acknowledge, consent and agree that we may 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: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.
The Portal may allow users to send messages to other users. However, the use of this messaging service is not "Private" in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the users, we can view them if needed from the database.
Limitations of Liability & Indemnification
You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be held liable for any loss of profits, data or for any other indirect, special, incidental, punitive, consequential damages or other intangible losses, however caused, and under whatever cause of action for any liability , even if we have been advised of the possibility of such damages, resulting from: -
your access to or use of or inability to access or use of the Portals and/or Services;
any conduct or content of any third party on this Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
any Content and/or information obtained from the Portals; and
unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), whether or not we have been informed of the possibility of such damage.
If you are dissatisfied with any aspect of the Portals, or with any of these terms, your sole and exclusive remedy is to discontinue your access and/or use of the Portals and/or Services. This limitation of liability shall apply to the maximum extent permitted by law.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
You must ensure that your access to the Portals and/or usage of the Services is not illegal or prohibited by any and all applicable laws.
You must take your own precautions to ensure that the process that you employ for accessing and/or using the Portals and/or Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Portals and/or any linked website.
You agree to indemnify and keep us fully indemnified against any claim or demand, including solicitors' fees, made by any third party due to or arising out of:
the publication of your classified advertisement/listing;
the content of your classified advertisement/listing;
any material, product or service provided by you, to which members of the public (including users of the Portals) can access through your classified advertisement/listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and
your violation of any term of this T&C.
Our Intellectual Property Rights
You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Portals and Services, and that you will not acquire any rights, titles, or interests in or to the Portals and/or Services except as expressly set forth in this T&C.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our Services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portals or proprietary information related thereto.
You will not remove, obscure, or alter our copyright notice, Brand Characteristics (as defined below), or other proprietary rights notices affixed to or contained in the Portals.
"Intellectual Property Rights" means any industrial and intellectual property rights throughout the world and for the duration of the rights including:
any patents, copyright including future copyright, registered or unregistered trademarks or service marks, trade names, brand names, registered or unregistered designs, commercial names, circuit layouts, database rights;
methods, trade secrets, know-how, computer software, confidential information and scientific, technical and product information;
the right to apply for any industrial and intellectual property rights; and
any other similar or analogous rights and any intellectual or industrial rights whether now existing or which come into existence in the future.
Any use of our trade names, trade marks, logos, domain names, and any other brand characteristics (collectively, "Brand Characteristics")shall subject to our prior written approval and you agree not to:
Display the Brand Characteristics as the most prominent element on your web page;
Display the Brand Characteristics in any manner that implies a relationship, affiliation or endorsement by us that can suggest the editorial content of the web page represents our views or opinions and our staff;
Display the Brand Characteristics on any web page that contains or displays adult content, promotes gambling, or otherwise violates applicable law;
Display the Brand Characteristics in a manner that is in our sole opinion misleading, defamatory, obscene, infringing or otherwise objectionable by us;
Remove, distort or change any element of the Brand Characteristic; and
Do not use our trade marks in a manner which will dilute theirs distinctiveness. Do not use any of our trade marks as a verb. And don't pluralize them either. Also do not combine your name with our trade marks.
Third Parties Sites
The Portals may contain links to third-party web sites ("Third-Party Sites"). You use and/or access to Third-Party Sites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site.
Termination Of Account
We may forthwith terminate your access to any and all part of the Portals at any time, with or without cause. You may terminate your use of the Portal(s) at any time provided that such termination shall not affect or prejudice our rights which have accrued prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.
Effects of Termination
In the event of termination, :-
your access to the Portals will be terminated immediately;
we reserve the right to permanently dispose and/or delete all data/information stored/held in the Portals without further reference to you; and
we may forfeit all your credits and points.
In addition thereto, you are not entitled to any compensation or indemnity as a result of the termination of in accordance with the terms contained herein. Any termination shall be without prejudice to any other rights or remedies which we may have against you in respect of any breach or non-performance or repudiation of any of the provisions contained herein which shall have occurred prior to such termination shall not be affected or prejudiced and all rights of termination under this Agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this T&C.
This T&C will be governed by the laws of Malaysia and you agree that any dispute or claim between you and us will be adjudicated in the courts of Malaysia. Any claim against us arising from the use of the Portals and/or Services shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
If any of part of this T&C is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this T&C will not be affected.
We reserve the right to change the T&C herein from time to time. We may change any or all aspects of Services provided by the Portals at any time and without notice. Any changes to the T&C will be uploaded onto Terms and Conditions and therefore, you are encouraged to check/visit Terms and Conditions from time to time. Nothing in this T&C will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your continuance use of and/or access to the Portals and/or Services following such change constitutes your acceptance of the revised T&C.