Information on our Websites and in any youproperty.com.my or youproperty.my publication should not be regarded as a substitute for professional legal, financial or real estate advice.
YouProperty Plt and its related entities responsible for maintaining our Websites and all youproperty.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 Websites by or on behalf of YouProperty Plt, and any Third Party Content on our Websites) and YouProperty Plt 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 Websites or publications.
Contributions means information including data, text, video, still images, audio or other material that YouProperty Plt has permitted you to host, share, publish, post, store or upload on the Website as permitted under this Agreement.
Other User Contributions means information including data, text, video, still images, audio or other material that YouProperty Plt has permitted users other than you to host, share, publish, post, store or upload on the Website.
YouProperty means YouProperty Plt and its subsidiaries.
Syndication Tools means the various syndication arrangements that YouProperty may make available from time to time, which may include YouProperty widgets, APIs, partner-site plug-ins and co-branded website arrangements
Website means any website operated by YouProperty and includes elements of YouProperty operated websites published via the Syndication Tools.
Restrictions on use of Websites
In accessing or using our Websites you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;
(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
(d) use any content on, or index our Websites for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our Websites or any content from our Websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Websites or any content on our Websites, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Websites, 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 Websites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1987, YouProperty Plt grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of youproperty.com.my copyright material beyond such use, written permission must be obtained directly from YouProperty Plt 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 Websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of some of our real estate agency customers. Those third party websites do not form part of our Websites and are not under the control of or the responsibility of YouProperty. When you link to those websites you leave our Website and do so entirely at your own risk. YouProperty and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and YouProperty 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 YouProperty.
For the purposes of this section titled Contributions, “You” or “you” means the individual making Contributions to YouProperty’s Websites.
YouProperty 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, YouProperty may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of the Website;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. YouProperty is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant:
(i) YouProperty, in respect of Contributions to its Websites
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 the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by YouProperty and this Agreement.
(ii) YouProperty, in respect of Contributions to its Websites
the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise YouProperty to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
(c) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that YouProperty has no control of and is not responsible for Other User Contributions. You release YouProperty from any claims that you could assert against YouProperty relating to or in connection with Other User Contributions.
Third Party Content
Our Websites contain content provided to YouProperty by other parties ("Third Party Content"). YouProperty does not have a practice of monitoring or making inquiries about Third Party Content. YouProperty 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 YouProperty. You rely on Third Party Content completely at your own risk.
You represent and warrant that:
(a) the information you supply on registration is accurate in all respects;
(b) if any of that information changes you will promptly notify YouProperty in writing of the changes
(c) your use of the Website will comply at all times with this Agreement and any directions published from time to time by YouProperty on the Website;
(d) you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
(e) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to YouProperty;
(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise YouProperty to display your Contributions; and
(g) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Website.
You agree to indemnify and hold YouProperty, its subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.
Policy for Linking to Our Websites
Hyperlinks enhance the user's experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.
However, in using hyperlinks, we:
· Attribute the original source of the hyperlink where it points to third party content.
· Do not claim ownership or rights to content belonging to other parties.
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
· Link to our content directly. We encourage direct links.
· Comply with all copyright, trade mark or other applicable laws.
· Use the title or headline of the content to which you are linking, as long as you link directly to that content.
Please do not:
· Attribute a link to YouProperty content as being a link to your own or someone else's content (for example, use your own logo to link to our content).
· Attribute a link to our site and then link somewhere else.
· Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
· Link to our content as part of a property portal aggregating property listings and/or information, unless we give you specific written approval to link to our content.
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 due reason.
Limitation of liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories 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 YouProperty be liable to you or any third party for any indirect consequential, exemplary, incidental, special or punitive damages, including lost profit, lost of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss or 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 YouProperty Plt, 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 RM100.00.
Your use of this Website and all of our legal notices will be governed by and construed in accordance with the laws of Wilayah Persekutuan, Kuala Lumpur, Malaysia and by using our Internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
Vendor Terms and Conditions for Advertising Upgrades
YouProperty Plt (LLP0000288-LGN)
1. Application of these Terms and Conditions for Advertising Upgrades
These terms apply to all persons that purchase upgraded listings directly from us rather than via a real estate agent. These terms apply to upgraded listings on both youproperty.com.my and youproperty.my. In these terms and conditions:
"We", "our", "us" refer to YouProperty Plt (LLP0000288-LGN) which operates the Websites (among other websites) and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Website" means youproperty.com.my or youproperty.my, as applicable to your upgraded listing.
2. Our obligations
We will provide the upgraded listing on the Website subject to these terms and conditions.
3. Your acknowledgements
You acknowledge that at all times during the term of your upgraded listing:
(a) you have read and agree to be bound by the terms of these terms and conditions;
(b) we may change these terms and conditions at any time by giving you at least 30 days' prior written notice to or by publishing an amended version these terms and conditions on our website;
(c) the applicable terms and conditions applicable to your upgraded listing at any point in time are the relevant terms and conditions published at the “legal” link of the Website at that point in time, which may not necessarily be the terms and conditions in effect at the date of your order for the upgraded listing;
(d) all our products are subject to change, development and discontinuation at any time;
(e) we are not responsible for the content provided by or on behalf of you to be included in any product or for any errors or omissions in any content provided by or on behalf of you;
(f) subject to your rights under law which cannot be excluded, we cannot guarantee the continuous or fault-free operation of our Websites; scheduled maintenance, systems or technological failure may impede or prevent access to all or any part of the property data and transmission of data over the internet can be subject to errors and delays;
(g) we may contact you from time to time to provide you with reports and updates regarding your Advertised Property and you authorise us:
(i) to contact you via email, text message and other electronic media, unless you explicitly request us not to contact you via these media; and
(ii) to contact you via any of these methods without including an unsubscribe facility, to the extent permitted by law.
The term of your upgraded listing product is specified in your order for the upgraded listing (calculated from the date we first supply the upgraded listing to you), unless terminated earlier in accordance with clause 5.
5. Termination or suspension by us
5.1 We may terminate these terms and conditions at any time for any reason provided that we give you at least seven (7) days’ written notice. If we terminate these terms and conditions solely under this clause 5.1 then you will not be required to pay any fees in respect of the period after effective termination.
5.2 Notwithstanding clause 5.1 and without limiting our other rights, we may immediately terminate this agreement or suspend or temporarily remove your product if:
(a) you act contrary to your acknowledgements set out in clause 3;
(b) you breach any other part of these terms and conditions and fail to rectify the breach within 7 days of us giving you notice of the breach and requiring that it be remedied;
(c) any statement you make to us or any content or material supplied by you or your real estate agent (including material uploaded to our Website) is false or misleading; or
(d) the real estate agent who uploaded the listing you upgraded ceases to be a subscriber to the relevant Website, has their listings removed by us or is suspended or terminated for any reason.
5.3 In the event that we exercise our right to suspend or temporarily remove listings pursuant to clause 5.2, you remain liable for all applicable fees until the expiration of the upgrade term.
6. Effect of termination
Termination of these terms and conditions or suspension or temporary removal of listings pursuant to clause 5 does not:
(a) relieve you of your accrued obligations and liabilities pursuant to these terms and conditions these terms and conditions and we reserve our right to enforce such obligations and liabilities after termination; or
(b) waive any breach of these terms and conditions these terms and conditions by you.
7. Fees, Surcharge, Taxes and Refunds
7.1 The fees and surcharges payable by you in relation to the upgraded listing are specified in your order for the upgraded listing.
7.2 In addition to the fee specified in clause 7.1, you will pay all taxes, duties and other government charges payable in connection with these terms and conditions, which apply at the date of these terms and conditions, including without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on our income.
7.3 We reserve the right to change the fees for any product at any time.
8. Upgraded Listing Features
8.1 Once you have purchased an upgraded product, you will not be entitled to any refund if you change your mind or because you have incorrectly or inadvertently selected the product.
8.2 No refunds are given where any upgraded listings are sold, leased or removed from the site for any other reason before the expiry of the upgrade term.
8.3 If the relevant listing has already been upgraded from a standard listing and you subsequently purchase a further upgrade in respect of the same listing, the term of the previous upgrade will cease and the new upgrade will supersede the previous upgrade from the date of purchase. You acknowledge that no refund will be provided to you or your real estate agent in respect of the shortening of the term of the previous upgrade and that at the end of the term of the new upgrade, the upgraded listing will revert to a standard listing.
8.4 No downgrades are permitted for any upgrade product during the product’s term.
8.5 If the subscription of the real estate agent who uploaded the listing terminates or is suspended for any reason, then so too will your upgrade and no refunds are given where termination or suspension occurs before the end of the upgrade term.
8.6 We reserve the right to set eligibility criteria for all our products from time to time. We cannot guarantee eligibility for any product.
8.7 Where more than one of the same upgrade product appears in a set of search results, the order of appearance is at our discretion.
9. Limitation of liability and indemnity
9.1 To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, we:
(a) exclude all conditions and warranties implied into these terms and conditions;
(b) exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits);
(c) limit our liability for breach of any condition or warranty that we cannot exclude to (at our option) resupplying the upgraded listing or paying the cost of having the upgraded listing resupplied; and
(d) limit our liability in respect of any other claim under or in connection with these terms and conditions, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under these terms and conditions and reduce that liability to the extent you cause or contribute to the loss the subject of the claim.
9.2 You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under these terms and conditions. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.
9.3 We will not be liable under these terms and conditions to the extent that liability is caused by:
(a) any breach of your obligations under these terms and conditions or a negligent act or omission by you; or
(b) any delay in performance or breach of these terms and conditions which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
9.4 You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with the listing of the Advertised Property or these terms and conditions or any other act or omission by you in connection with your use of the Website or our other services.
9.5 Each indemnity in these terms and conditions is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these terms and conditions for whatever reason.
10.1 No delay or failure by either party to enforce any provision of these terms and conditions will be deemed a waiver or create a precedent or will prejudice either party’s rights. No waiver by either party will be effective unless it is in writing and signed by that party.
10.2 We will send all notices and other communications to you at the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.
10.3 All notices from you to us must be sent by email to email@example.com. Any enquiries may be directed to our Customer Care Centre by email at firstname.lastname@example.org.
10.4 You must not assign these terms and conditions without our prior written consent.
10.5 We may assign these terms and conditions at any time.
10.6 The Agreement comprises the entire agreement between us about its subject matter. It supersedes all prior understandings, agreements, representations and you may not rely on any representations or warranties about the subject matter of these terms and conditions except as expressly provided in these terms and conditions.
10.7 The laws of Wilayah Persekutuan Kuala Lumpur, Malaysia, govern the Agreement.
10.8 You submit to the exclusive jurisdiction of the Courts of Malaysia and you waive any right you have to object to an action being brought in the Courts of Malaysia (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
10.9 If any term of these terms and conditions is void, unenforceable or illegal, that term is severed. The remainder of the Agreement has full force and effect.
10.10 The rights and remedies provided in these terms and conditions are in addition to other rights and remedies give to the parties by law and equity independently of these terms and conditions.