Terms Of Service
Please read these terms carefully before using the web site. Using the site indicates that you accept these terms.
Use of site
MyRealEstate.com.my (the “Site”) is operated by MyRealEstate.com.my owner incorporated in Malaysia.
We may at any time change these terms and you should therefore periodically visit this page to review the then current terms to which you are bound.
Unless otherwise noted, you should assume that the copyright in everything you see or read on the Site including but not limited to any designs, text, graphics, source code, or software belongs to the rightful owner of MyRealEstate.com.my . Your access to it does not imply a license to reproduce and/or distribute this information which means that you cannot reproduce, modify, publicly display or distribute the contents of this Site without the prior written consent from rightful owner of MyRealEstate.com.my
The trademarks and logos displayed on the Site are the registered and unregistered trademarks of their respective owners. Use of the trade marks displayed is strictly prohibited. You are advised that the owners of the trade marks will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
You agree that you will not use this website or our services to carry out any “data mining” services to collect or collate information about the identities and offers of our clients and/or advertisers.
About the information
The rightful owner of MyRealEstate.com.my uses reasonable efforts to include accurate and up to date information. However, The rightful owner of MyRealEstate.com.my makes no warranties or representations as to its accuracy. In particular, The rightful owner of MyRealEstate.com.my. assumes no liability or responsibility for any errors or omissions in the content of the Site.
Everything on the Site is provided on an “as is” basis without any representation, endorsement or warranty of any kind, either express or implied, including, but not limited to, warranties of title, merchantability or fitness for a particular purpose or non-infringement.
Any information you provide to The rightful owner of MyRealEstate.com.my through or in connection with this Site will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of The rightful owner of MyRealEstate.com.my or its affiliates who are free to use the information for any purpose.
You agree that no Submissions provided by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Submissions you make.
Links to other websites
This Site may contain links to other web sites. These are provided solely as a convenience to you and access to any of these linked sites is at your own risk.
The rightful owner of MyRealEstate.com.my. does not control and is not responsible for any of these sites or their content.
The rightful owner of MyRealEstate.com.my. does not allow unauthorised hypertext links to the Site.
Limitation of liability
You agree that your use of the Site is at your sole risk and that you are responsible for all costs associated with your access to, or use of, the Site. The rightful owner of MyRealEstate.com.my its directors, employees or any other representative will not be liable for any damages, losses, costs, claims or demands of any kind, whether direct, indirect, compensatory or consequential, related to your use of this Site or the information content, materials or products included on this Site. These terms are governed by Malaysia law and any dispute will be resolved exclusively by the Malaysian courts.
Changes to these Terms and Conditions
Terms Of Purchase
1. TERMS APPLICABLE TO ALL PURCHASES
1.1.1 By purchasing any Product (defined below) from MyRealEstate.com.my, You conclude a legally binding agreement with us, which consists of:
(a) these Terms of Purchase, including this Section 1 (Terms Applicable to All Purchases), together with the specific terms that apply to the type of Product You have purchased, as set out in the relevant section/s below referring specifically to that Product;
(b) the Sales Order (defined below);
(d) any other terms and conditions that MyRealEstate.com.my may specify in writing are applicable to purchases of certain Products (including, without limitation, any terms and conditions published on the Platform
(together, the “Terms”).
1.1.2 You accept without limitation or qualification, and agree to comply with, the Terms at all times.
1.1.3 In the event of any inconsistency between the Terms of Purchase and the terms referred to in Section 1.1.1(b) to (d) above, unless stated otherwise in writing, these Terms of Purchase shall prevail.
1.1.4 MyRealEstate.com.my may amend the Terms at any time without notice to You. The amended Terms will be made available on the Platform (as applicable). You are advised to check for amendments to the Terms regularly, prior to using any Products, or entering into any transaction on the Platform or with MyRealEstate.com.my. Your continued use of the Platform and/or any Product shall constitute Your agreement to the revised Terms.
1.1.5 The Terms constitute the entire agreement between MyRealEstate.com.my and You in relation to their subject matter and supersede any prior agreements, discussions, representations and undertakings between the parties (whether written or oral).
1.1.6 Except as expressly set out in the Terms, any person not a party to the Terms shall acquire no rights whatsoever.
1.2.1 In these Terms of Purchase, unless the context otherwise requires:
“Account” means an Agent account;
“Advertisement“ or “Listing” means any listing or advertisement material placed by You or on Your behalf through MyRealEstate.com.my on the Platform or any other online or offline medium (including a Newsletter) that advertises real estate property (residential or commercial), property developments, corporate branding, Your services as a real estate sales person and/or any other services or products that MyRealEstate.com.my may allow You to advertise or promote from time to time. For the avoidance of doubt, “Advertisement” and “Listing” shall include any advertisement, listing or content You authorise or request MyRealEstate.com.my (in writing or verbally) to publish or upload on Your behalf using material from Your website or material that You have provided to MyRealEstate.com.my or directed MyRealEstate.com.my to use;
“Charges” shall mean the charges MyRealEstate.com.my is entitled to charge you upon cancellation of Your subscription for a particular Product, being: (a) 5% of the full price of the Product You purchased; (b) the cost of the cancelled Product you have used and/or have kept; or (c) the portion of the full price of the Product pro-rated to the number of months of the Validity Period for that Product which has accrued prior to such cancellation;
“Content” means the content and material of an Advertisement and any other content and instructions provided by You to MyRealEstate.com.my that are reasonably required by MyRealEstate.com.my in order to publish Your Advertisement or enable You to use or access the Products. For the avoidance of doubt, Content shall include (without limitation) Content uploaded to the Platform and disseminated via EDM or SMS campaigns;
“EDM” means any electronic direct mailer service provided by MyRealEstate.com.my;
“HDCLA” shall mean the Housing Development (Control and Licensing) Act 1966;
“Newsletter” means any newsletter or announcement that MyRealEstate.com.my may make available through any online or offline medium from time to time, including without limitation, MyRealEstate.com.my ‘s daily market news, agent handbook and property blog;
“Platform” means the MyRealEstate.com.my desktop websites, mobile websites and mobile applications and any other website or platform owned and/or operated by the rightful owner of MyRealEstate.com.my
“Price” means monetary consideration in exchange for Product;
“Product” means any product, service, package or subscription (or a combination thereof) offered by MyRealEstate.com.my via its authorised sales agents or the Platform, including (without limitation) access to platform to manage Listings on the Platform, access to fastkey.propertyguru.com and any ancillary or associated service we agree in writing to provide to You;
MyRealEstate.com.my where the context so requires, shall include its affiliates, successors, licensees and assigns, officers, directors, shareholders, members, managers, employees and agents;
“Purchase” means the purchase of a Product from MyRealEstate.com.my ;
“Sales Order” means the sales order, invoice, quotation, email, document or electronic interface which You sign or otherwise indicate Your agreement to, for the purchase, subscription or order of our Products;
“VAEAA” shall mean the Valuers, Appraisers, and Real Estate Agents Act 1981;
“VAEAR” shall mean the Valuers, Appraisers, and Real Estate Agents Rules 1986;
“We”, “our” or “us” means the rightful owner of www.MyRealEstate.com.my ;
“You” or “Your” means the customer (i.e., the person or entity purchasing the Product and entering into the Terms with MyRealEstate.com.my ).
1.2.2 In these Terms of Purchase, unless the context otherwise requires, any reference to:
(a) “including” shall be construed as “including without limitation” (and cognate expressions shall be construed similarly);
(b) Sections are to sections of these Terms of Purchase;
(c) persons include individuals, unincorporated bodies, companies and corporations;
(d) a provision of law is a reference to that provision as amended or re-enacted from time to time; and
(e) words importing the plural shall include the singular and vice versa.
1.3 Purchase of Product
1.3.1 All Products must be purchased either through the Platform, or via an authorised sales agent of MyRealEstate.com.my . For the avoidance of doubt, the Terms shall apply to Purchases made both via the Platform and authorised sales agents of PG.
1.3.2 You acknowledge and agree that, unless otherwise specified by MyRealEstate.com.my in writing, any Product You purchase from MyRealEstate.com.my is valid for (i) in the case of agent subscription packages, entitlements and ad credits accessible through AgentNet, 12 months from the date of purchase, or (ii) in the case of all other Products, 12 months from the Order Date set out in the Sales Order (the “Validity Period”). There shall be no extensions to the Validity Period under any circumstances whatsoever.
1.3.3 In the event that at the expiry of the Validity Period You have not fully utilised the Product(s) that You have purchased, You shall immediately and without notice forfeit the unutilised portion of such Product unless otherwise specified by MyRealEstate.com.my in writing. Notwithstanding the forfeiture of any Product or part thereof, You shall remain liable for all Product fees and You shall not be entitled to any refund or compensation for any unutilised Product or part thereof from MyRealEstate.com.my as a result of such forfeiture. If You purchase another Product following expiry of the Validity Period for a previous Product, You understand that any unutilised or forfeited Product will not be carried over to any subsequent Product purchased by You from MyRealEstate.com.my .
1.3.4 MyRealEstate.com.my may grant You access to an Agent account for the purposes of accessing or managing the Product You have purchased. You agree to comply with the terms set out in Section 2 below regarding the use of Your Agent account.
1.3.5 You shall be liable for all transactions conducted using Your Product and You shall not use the Product in any way that adversely prejudices and/or harms MyRealEstate.com.my or its affiliates and their respective officers, employees, agents, partners or customers.
1.3.6 The Product purchased by You is for Your use only and cannot be sold, assigned, or transferred to any other person. You shall not transfer, sublicense or assign any of Your rights and obligations under the Terms without MyRealEstate.com.my’s prior written consent.
1.3.7 Products may not be exchanged for other Products in full or in part, unless otherwise specified by MyRealEstate.com.my in writing.
1.4 Price and Product revisions
1.4.1 MyRealEstate.com.my reserves the right to:
(a) revise the Price of any of its Products at any time and without prior notice to You;
(b) vary the types and quantities of add-ons, features, services and/or other Products that may be offered to You by MyRealEstate.com.my in addition and/or ancillary to Your Purchase of a particular Product at any time; and
(c) vary or discontinue any Product at any time without notice to You.
1.4.2 Changes to our Prices for agent subscription packages, entitlements and ad credits accessible through AgentNet will be published on the Platform or AgentNet.
1.4.3 You shall not be subject to the revised price in the event that the revision occurs during the Validity Period of Your existing Product. The revised pricing shall apply when You subscribe for or purchase a new Product, or when You renew an existing Product after its Validity Period.
1.5 Payment and subscription renewals
1.5.1 You shall pay to MyRealEstate.com.my all fees and charges due and payable in connection with Your Purchase through a payment method made available by MyRealEstate.com.my from time to time. You acknowledge that MyRealEstate.com.my is only obligated to activate or allow You to use Products upon Your acceptance and approval of the Terms and receipt by MyRealEstate.com.my of all fees payable in connection with the Purchase being made. You are solely responsible for any payment method that You have chosen and MyRealEstate.com.my shall not be held responsible or liable for any damage or loss suffered by You in connection with Your chosen payment method.
1.5.2 You shall adhere to the payment method and payment due date set out in Your Sales Order or as advised by an authorised sales agent of MyRealEstate.com.my .
1.5.3 If You are paying via cheque, You understand that proof of postage of the cheque is not proof of payment of fees. Fees are only deemed to be paid upon the cheque being cleared by any bank of PMyRealEstate.com.my ’s choice.MyRealEstate.com.my is not responsible for any loss of or damage to any cheque and You shall be liable to pay to MyRealEstate.com.my any administrative fees incurred by MyRealEstate.com.my in the event that the cheque does not clear for any reason whatsoever.
1.5.4 All Purchases must be supported by an invoice. MyRealEstate.com.my may send invoices to You by email or such other electronic method that shall be notified to You. Invoices are deemed to be received by You at the time of transmission in readable form. Any failure to receive an invoice does not relieve You of liability for payment of fees by the due date shown on the invoice. In the event that You have made the Purchase through an authorised sales agent of MyRealEstate.com.my , please ensure that the authorised sales agent has issued You with an invoice upon making the necessary payment. MyRealEstate.com.my shall not entertain any claims that are not supported by an invoice.
1.5.5 In the event that any payment due to MyRealEstate.com.my is received subsequent to its due date, late payment interest shall accrue and be payable thereon before as well as after judgment at the rate of 8% per annum, or such other interest rate determined by MyRealEstate.com.my in its sole discretion, calculated on a daily basis from the date that payment is due until the date of actual receipt of such payment, including the interest thereto, by MyRealEstate.com.my .
1.5.6 All fees are exclusive of tax. You shall be responsible for the payment of all applicable taxes, duties or levies in respect of Your Purchase.
1.5.7 In the event that You fail to make payment of any fees due under the Sales Order or Terms, You acknowledge and agree that MyRealEstate.com.my shall be entitled to take such steps against You to recover any fees owed to MyRealEstate.com.my , including commencing legal proceedings against You for the recovery of the same. You agree to indemnify and hold harmless MyRealEstate.com.my against all costs and expenses, including legal fees, which MyRealEstate.com.my may reasonably incur in the taking of such steps.
1.5.8 MyRealEstate.com.my may, from time to time, issue You credits (such as ad credits, re-listing credits, etc) that may, where applicable, be used to offset the fees payable for a certain Purchase. You will be notified, by way of a notification on AgentCRM or by way of email to You, of the types of Products for which the credits may be used. MyRealEstate.com.my reserves the right to vary the pricing, quantity and type of credits that may be used to offset the fees payable for a certain Purchase in its sole discretion at any time during the Validity Period and such variation shall come into effect immediately and without prior notice and/or reference to You. Any variation to the credits that may be used to offset the fees payable for a certain Purchase will be visible on AgentCRM.
1.6 Refund policy
1.6.1 You may cancel Your Purchase by notifying MyRealEstate.com.my in writing, specifying details of (i) the method of refund and (ii) details required for MyRealEstate.com.my to process the refund (including bank account number (if the refund will be processed by way of telegraphic transfer) or payee and method of postage (if the refund will be processed by way of cheque)).
1.6.2 In the event You exercise Your right to cancel pursuant to Section 1.6.1, MyRealEstate.com.my shall be entitled to charge You the Charges. In the event the Price You have paid in respect of the cancelled Product is less than the Charges, MyRealEstate.com.my shall refund to You the difference between the Charges and that Price.
1.6.3 Refunds will be paid by bank transfer to the bank account You have provided, or paid to You by way of cheque, which shall be sent to or collected by You within 14 days following MyRealEstate.com.my ’s receipt of Your written notice of cancellation pursuant to Section 1.6.1. If You do not specify a method of postage, the cheque will be mailed to You via normal post.
1.6.4 You acknowledge and agree that:
(a) MyRealEstate.com.my shall not be responsible for any loss or damage incurred by You as a result of MyRealEstate.com.my ’s inability to process a refund because of incorrect information provided by You; and
(b) MyRealEstate.com.my s obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that You have provided. In the event that the refund is made by way of cheque, MyRealEstate.com.my ‘s obligation to You is fulfilled when the cheque is mailed or collected by You (as the case may be). In the event that You request for the cheque to be mailed to You via registered post or courier, You agree to MyRealEstate.com.my deducting from the refund such amount necessary for the cost of mailing the cheque to You using Your desired method of postage.
1.7 Your representations and warranties
1.7.1 You represent and warrant to us that at all times:
(a) You hold all necessary authorisations, licenses, consents, approvals, registrations and/or accreditations to publish or disseminate the Content and to advertise, sell or lease real estate, properties and property developments (including those that You advertise on the Platform and/or using the Product/s), and You will not make any representations to Your clients that are inconsistent with this Section 1.7.1(a);
(b) You will comply with all applicable laws, rules, regulations, standards, codes and guidelines;
(c) You have the right to publish the Content without infringing the rights of any third party and without violating any law and all Content submitted by You to MyRealEstate.com.my does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyright and rights of privacy, and there shall not be contained in or incorporated into the Content and each and every part thereof provided by You to MyRealEstate.com.my , anything which would infringe or misappropriate any patent, mask work, design, copyright, trademark, trade name, service mark, database right, any application for any of the foregoing, moral right, trade secret right, any other personal or proprietary right, or any publicity or privacy right of any third party and no third party shall have any right to assert any claim of ownership or for infringement or misappropriation of any intellectual property right as to any portion of the Content;
(d) You are a licensed housing developer under the HDCLA, in the event that You are placing an Advertisement or otherwise submitting or disseminating content/material in Your capacity as a housing developer;
(e) You are a licensed sales person under the VAEAA, in the event that You are placing an Advertisement or otherwise submitting or disseminating content/material as a real estate sales person, and that You have complied with the VAEAA and the VAEAR;
(f) You have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity contained in the Advertisement; and
(g) You will comply with all Your obligations set out in the Terms (including Section 1.8).
1.8 Your obligations
1.8.1 You shall ensure that all Content supplied by You to MyRealEstate.com.my :
(a) is not confidential, unlawful or fraudulent;
(b) has not been uploaded or provided for an improper purpose and does not contain any discriminatory, defamatory, abusive, inappropriate, obscene or offensive language;
(c) is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
(d) shall not be disparaging or prejudicial to or shall negatively affect MyRealEstate.com.my or its reputation, and/or exploit MyRealEstate.com.my ’s business; and
(e) complies with MyRealEstate.com.my‘s Acceptable Use Policy and the Advertisement and Content Guidelines.
1.9 Intellectual property
1.9.1 MyRealEstate.com.my retains all right, title and interest in the Products, the Platform and the Newsletter, including all intellectual property rights to any all copyrights, trade secret rights, trademarks and other intellectual property rights therein. You may not use any of MyRealEstate.com.my ’s trademarks without MyRealEstate.com.my ’s prior written consent. All other names, products and marks mentioned are the intellectual property rights of their respective owners. All rights not expressly granted herein are reserved to MyRealEstate.com.my .
1.9.2 Nothing in these Terms of Purchase shall be construed or deemed as granting or providing to You any right, license, interest or permission to use or deal with any intellectual property of MyRealEstate.com.my in any way including the right to copy, transfer, publish, store or create derivative works or use the same, and the right to use any of PropertyGuruMyRealEstate.com.my ’s intellectual property (including registered and unregistered trademarks and trade names) in an unauthorised manner.
1.9.3 In consideration of us providing Products to You, You grant MyRealEstate.com.my an irrevocable, perpetual, transferable, world-wide, royalty free licence to use, copy, commercialise, licence to third parties and adapt for any purpose related to MyRealEstate.com.my ’s business any Content or material You upload onto the Platform or otherwise provide to MyRealEstate.com.my , and this licence survives termination of the Terms.
1.10 Indemnities and limitation of liability
1.10.1 You shall indemnify and hold harmless MyRealEstate.com.my and its affiliates and its and their respective directors, officers, employees, agents, contractors, third party service providers and partners from and against:
(a) any and all liabilities, actions, proceedings, claims, demands, costs and expenses (including legal expenses) arising out of or in connection with:
(i) Your use of any Product provided by MyRealEstate.com.my to You;
(ii) the Content and/or publication of Your Advertisement;
(iii) any content, material, product or service provided by You toMyRealEstate.com.my , to which members of the public (including users of the Platform) can access (including without limitation, any infringement of any patent, copyright, design, layout design, trade mark, trade secret or any other intellectual or industrial property rights, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices);
(iv) Your violation of the Terms;
(v) claims from third parties arising out of Your cancellation and/or termination of the Terms; and/or
(vi) any negligent act, omission or wilful conduct, misconduct or fraud of You, its officers, employees, agents, servants or independent contractors; and
(b) any claim of ownership of the Content, Products, elements thereof, or rights in respect of same which is adverse to the rights and claims of MyRealEstate.com.my hereunder.
1.10.2 For the avoidance of doubt, You shall also indemnify MyRealEstate.com.my against any and all liability, loss, damage, costs and expenses which MyRealEstate.com.my or a third party may incur or suffer whether direct or consequential (including any economic loss or other loss of profits, business or goodwill) as a result of any dispute or contractual, tortious or other claims or proceedings brought against MyRealEstate.com.my by a third party alleging infringement of its intellectual property rights by reason of Your use or exploitation of the Products and/or publication of the Content.
1.10.3 Each indemnity in these Terms of Purchase is a continuing obligation and survives termination of the Terms or expiry of any Validity Period.
1.10.4 MyRealEstate.com.my limits its liability for breach of any condition, warranty or guarantee that cannot be excluded to (at MyRealEstate.com.my s option) resupplying the relevant Product or paying the cost of having the Product resupplied. In no event shall MyRealEstate.com.my ’s aggregate liability for any claims under or pursuant to the Terms exceed the aggregate fees actually paid by You for the preceding 12 month period at the point in time when the claim(s) is/are made against MyRealEstate.com.my .
1.10.5 Notwithstanding any other provision in the Terms and to the extent permitted by applicable law, under no circumstances shall MyRealEstate.com.my be liable for any direct, indirect, consequential or special loss or damage relating to (i) the content or the quality, or any error or omissions in the publication of any Advertisement; (ii) disruptions or interruptions to the internet that may affect Your Advertisement; (iii) errors, delays or technological failures that may prevent MyRealEstate.com.my from providing Products or related services or continuous operation of the Platform; (iv) loss of Your data or Content; (v) damage, disruption or injury to Your Advertisement, webpage or website, and/or (vi) any delay or failure in performance due to or caused by events beyond the reasonable control of MyRealEstate.com.my , even if MyRealEstate.com.my was advised of the possibility of such damages or if such possibility was reasonably foreseeable.
1.10.6 Any claim or action of any nature whatsoever by You against MyRealEstate.com.my must be commenced within two (2) years after the date on which the cause of action arises, following which You shall have no further claim whatsoever against MyRealEstate.com.my.
1.11.1 You expressly understand and agree that:
(a) Your use of any Product is at Your own risk. Products are provided by MyRealEstate.com.my on an “as is” basis. MyRealEstate.com.my expressly disclaims, to the extent permitted by law, all warranties and conditions, whether express or implied by statute, common law or otherwise, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) MyRealEstate.com.my makes no warranty that:
(i) its Products will meet Your requirements;
(ii) its services will be uninterrupted, timely, secure and error-free;
(iii) its Products and services will be accessible at any time or at all times via the channel selected or used by You;
(iv) the quality of any Products, information or other material purchased or obtained by You from MyRealEstate.com.my will meet Your expectations;
(v) any errors in the Products or MyRealEstate.com.my services will be corrected; and
(vi) the information and content provided on the Platform is complete, accurate or current.
1.11.2 For the avoidance of doubt, no advice or information, whether oral or written, obtained by You from MyRealEstate.com.my or its employees or agents shall create any condition, warranty or guarantee not expressly stated in the Terms.
1.12 Personal information
1.12.1 It is Your responsibility to ensure that Your personal information, Account (if applicable) and contact details that You provide to us are true, accurate and current at all times and that the email address and mobile number You provide to us are functioning and regularly monitored. You shall promptly advise us of any changes to Your personal or contact details. MyRealEstate.com.my shall not be responsible for Your failure to receive invoices, Products or other information from MyRealEstate.com.my if such failure is due to an error in the personal information that You have provided. MyRealEstate.com.my is not obliged to reissue, amend or cancel any Sales Order to correct errors or omissions in Your personal or billing information.
1.12.3 MyRealEstate.com.my shall comply with applicable data protection laws relating to the collection, use, disclosure and retention of personal information.
1.12.4 You undertake that You will comply with all applicable data protection laws and will only collect, use, disclose and store personal information obtained through the Platform (including by users submitting enquiries on the Platform) for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about, unless advised otherwise by us.
1.12.5 You acknowledge and agree that MyRealEstate.com.my may use Your name, photograph (if any), logo and branding for the purposes of MyRealEstate.com.my ‘s marketing or distribution activities. Following completion of any transaction between You and MyRealEstate.com.my , MyRealEstate.com.my may use Your personal information for the purposes of publicising MyRealEstate.com.my ‘s products and services to You or contacting You to obtain feedback unless You expressly notify MyRealEstate.com.my in writing via email to firstname.lastname@example.org that You no longer wish to receive such information on MyRealEstate.com.my ’s products and services or be contacted by MyRealEstate.com.my .
1.13.1 MyRealEstate.com.my may immediately terminate any Sales Order/the Terms, terminate or suspend Your access to all or part of the Products, or remove any of Your Advertisements:
(a) if You fail to pay any amount due to MyRealEstate.com.my under the Terms within 30 days after the due date;
(b) if You commit a breach of any of Your obligations under the Terms;
(c) if any of the representations or warranties You make pursuant to the Terms are incorrect (including the representations in Section 1.7);
(d) if required by any law or regulation, or by any enforcement or other government agency or regulatory authority;
(e) if You, or Your Advertisement, infringe any intellectual property rights of MyRealEstate.com.my or any third party;
(f) if (i) You cease to carry on business or become, (ii) You are declared insolvent or bankrupt, (iii) You enter into or become the subject of any resolution, order or proceeding related to Your liquidation, insolvency or receivership, (iv) an administrator, receiver or administrative receiver is or is likely to be appointed in relation to You or any of Your assets, or (v) You enter into any arrangement or composition with or for the benefit of Your creditors;
(g) in the event of discontinuance or material modification to the Platform or our services or part thereof; or
(h) in the event of any unexpected technical or security issues.
1.13.2 In the event we Terminate Your Sales Order:
(a) Your access to the Product You have purchased shall be terminated;
(b) You shall forfeit all unutilised portions of the Product that You have purchased; and
(c) Your AgentCRM account (if applicable), password and all information, files, and content associated with Account may be deleted by MyRealEstate.com.my in its sole discretion.
1.13.3 In the event MyRealEstate.com.my exercises its right to terminate Your Sales Order/the Terms, terminate or suspend Your access to all or part of the Products, or remove any of Your Advertisements, You shall remain liable for all charges and fees due to MyRealEstate.com.my
1.13.4 MyRealEstate.com.my shall be under no obligation to refund the whole or any part of any fees paid by You in advance in the event we exercise our right to terminate, suspend or remove Your Advertisements pursuant to Section 1.13.1 and You shall not be entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of such termination, suspension or removal.
1.13.5 Termination of the Terms shall be without prejudice to any other rights or remedies MyRealEstate.com.my may be entitled to under the Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
1.14.1 The Terms shall be governed by and construed in accordance with the laws of Malaysia, and any claims or disputes of whatever nature shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.
1.14.2 Any failure by MyRealEstate.com.my to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
1.14.3 Should any provision of the Terms be held invalid, illegal or unenforceable in any respect, the remaining provisions of the Terms shall be unaffected and shall remain in full force and effect and the Terms will be amended to give effect to the eliminated provision to the maximum extent possible.
1.15 Force majeure
1.15.1 No failure or omission by MyRealEstate.com.my to carry out its obligations or observe any of the stipulations or conditions of the Terms, shall give rise to any claims against MyRealEstate.com.my or be deemed a breach of the Terms, in the event that such failure or omission arises from a cause of force majeure, which includes acts of God, new statutory enactments or modifications, war or warlike hostilities, pandemics, epidemics, acts of terrorism, civil commotion, riots, blockades, embargoes, sabotage, strikes, lockouts, shortage of material or labour, delay in deliveries from sub-contractors, machine failure caused by force majeure, or any other event that is unforeseeable and outside the reasonable control of . Upon the occurrence of any event mentioned in this Section 1.15.1, MyRealEstate.com.my shall for the duration of such event(s) be relieved of any obligation under the Terms as is affected by the event(s) save that the provisions of the Terms shall remain in force with regard to all other obligations under the Terms which are not affected by the event(s).
1.16.1 All notices from You to MyRealEstate.com.my regarding the Terms shall be sent via e-mail to email@example.com. Communications delivered by email shall be effective when actually received by MyRealEstate.com.my in readable form.
1.16.2 MyRealEstate.com.my will send notices and other communications to You at the email address you have provided to us. It is your sole responsibility to ensure that you provide MyRealEstate.com.my with your current contact email address.
2. AGENTCRM ACCESS
2.1. This Section 2 (AgentCRM Access) shall govern Your access to and use of Your AgentCRM account (“Account”).
2.2. Your Account will only be activated when the Product that You have purchased has been fully paid for, and such payment has been verified by MyRealEstate.com.my.
2.3. You are fully responsible for all transactions conducted using Your Account.
2.4. Your Account may only be accessed by one authorised user and may not be transferred to another user. You shall hold and operate only one Account to access and use the Products accessible through AgentCRM and You shall not allow anyone else to use Your Account to upload Advertisements on the Platform.
2.5. The use of third party services or third party software to post Listings is strictly prohibited and is a violation of the Terms and may result in MyRealEstate.com.my suspending or terminating Your Account and/or Listings.
2.6. You shall ensure Your username and password for accessing Your Account are kept secure at all times. You shall be responsible for any use of any Product accessed using Your username and password by any person (whether authorised or otherwise) and You will be liable for any fees or changes incurred as a result of such use.
2.7. MyRealEstate.com.my reserves the right to access Your Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to You.
2.8. All activities carried out through Your Account must be in compliance with MyRealEstate.com.my ’s Acceptable Use Policy, the Advertisement and Content Guidelines and all applicable laws, rules and regulations.
3. ADVERTISING SERVICES
This Section 3 (Advertising Services) shall apply to all Advertisements and marketing services that may be provided by MyRealEstate.com.my from time to time.
3.1. Submission of Content
3.1.1. All Content should be submitted to MyRealEstate.com.my through the methods and using the file format specified by MyRealEstate.com.my before the date of placement of the Advertisement. If Your marketing services package allows for an Advertisement to be placed immediately after submission on the Platform, You may submit Your Content to the Platform at any time.
3.1.2. In the event that You are unable to submit the Content through the Platform, or if MyRealEstate.com.my has so instructed, please send the Content to MyRealEstate.com.my via e-mail to firstname.lastname@example.org or as otherwise advised by MyRealEstate.com.my together with Your name, company, date of placement of Advertisement, Your Sales Order reference number (if any) and any other information specified by MyRealEstate.com.my .
3.1.3. MyRealEstate.com.my may in its sole discretion reject Your Advertisement, postpone the placement of Your Advertisement and charge You administrative fees, in the event You do not (i) provide the information set out in Section 3.1.2, (ii) submit the Content in the prescribed format, or (iii) submit the Content by the deadline prescribed by MyRealEstate.com.my .
3.1.4. In the event You fail to pay or submit Content as and when required, MyRealEstate.com.my may terminate Your Sales Order and You shall remain liable for the full sum of the fees indicated in the Sales Order.
3.1.5. MyRealEstate.com.my will use all reasonable endeavours to publish Advertisements on the required placement date and in the format and position requested by You, however we do not guarantee this and MyRealEstate.com.my shall not be liable for any failure to do so.
3.2. Placement of Advertisement
3.2.1. You acknowledge and agree that You are solely responsible for the content of Your Advertisements and any errors or omissions in the Content.
3.2.2. You acknowledge and agree that MyRealEstate.com.my ’s role is as publisher only and not to review or check the accuracy of Your Content, and the publication of any Advertisement or the continuous availability of the Advertisement to the members of the public shall not constitute acceptance by MyRealEstate.com.my that such Advertisement complies with the Terms. MyRealEstate.com.my is not obliged to accept any requests to correct errors or omissions after Your Advertisement is published or repeated.
3.2.3. MyRealEstate.my reserves the right to approve or reject any Advertisement in its sole discretion without providing reasons to You.
3.2.4. In the event that You are, inMyRealEstate.com.my ’s reasonable opinion, in breach of Section 1.7 or 3.3 or the terms of MyRealEstate.com.my ’s Acceptable Use Policy or the Advertisement and Content Guidelines, You shall promptly comply with any direction given to You on to delete, amend or update any Advertisement or part by MyRealEstate.com.my in relation to Your Advertisement, including any direct thereof. MyRealEstate.com.my may edit, amend or remove Your Advertisement or part thereof without notice to You if, in MyRealEstate.com.my ’s reasonable opinion, You are in breach of Your obligations under the Terms or if required by any law or regulation, or by any enforcement or other government agency or regulatory authority.
3.2.5. MyRealEstate.com.my may from time to time make changes to the format or layout of its Platform or Newsletter without prior notice to You. This may result in changes to the format or layout of Your Advertisement. You acknowledge and agree that MyRealEstate.com.my, in its absolute discretion, may from time to time change how Your Advertisement is placed, positioned and presented.
3.2.6. You may request MyRealEstate.com.my to remove Your Advertisement after it has been published, however MyRealEstate.com.my shall not refund any fees or Products that You have paid for the withdrawn Advertisement and shall not be liable for any loss or damage suffered by You as a consequence of such withdrawal. You acknowledge that in certain circumstances, withdrawal of a published Advertisement is not feasible (e.g. an Advertisement published in an offline Newsletter). Where MyRealEstate.com.my is agreeable to withdraw the published Advertisement, MyRealEstate.com.my may charge You administrative fees (in its sole discretion) for such withdrawal.
3.3. Advertisement requirements
3.3.1. You shall ensure that:
(a) no Content submitted by You to MyRealEstate.com.my or uploaded on the Platform contains any references to MyRealEstate.com.my ’s competitors or their branding, logos or websites;
(b) the Content You submit to MyRealEstate.com.my or on the Platform does not include any content, material or photographs posted or provided by another user of the Platform without their permission;
(c) any third party websites that may be linked or referenced in the Content You submit to MyRealEstate.com.my or on the Platform is relevant to the Content, and that any such third party website is not a website providing auctioneering or advertising services;
(d) all Content submitted by You or uploaded on the Platform complies with all applicable laws, rules and regulations relating to the placement of Your Advertisement, whether in the jurisdiction in which the Advertisement is placed, or the jurisdiction in which the targeted audience of the Advertisement resides;
(e) all Listings are placed in categories that best describes the services that You are providing. MyRealEstate.com.my reserves the right to re-locate the Listing to the correct category in its sole discretion. For example, a Listing concerning the sale of a property should be placed under the “for sale” or “buy” category, and a Listing concerning the rental or the letting of a property for rental should be placed under the “for rent” or “rent” category; and
(f) each Advertisement posted through AgentCRM or on the Platform shall relate to one real property only.
3.3.2. You shall not use any HTML tags, bots or any means other than those provided on the Platform to manipulate Your Advertisement.
4. WEBSITE CREATION SERVICES
4.1. This Section 4 (Website Creation Services) shall apply to all Products allowing for the building and/or customisation of a webpage (“Webpage”) based on a template provided by MyRealEstate.com.my . You understand that the Webpage is built or customised for You, and You shall be solely responsible for the content and maintenance of the Webpage.
4.2. MyRealEstate.com.my owns all intellectual property rights in the webpage templates and any other content/material that it provides to You for the purposes of building and/or customising the Webpage. MyRealEstate.com.my grants to You a non-exclusive, non-transferable, royalty-free and revocable license to use such templates and content/material for the purposes of creating and maintaining Your Webpage.
4.3. You shall own all intellectual property rights in the content that You have supplied for the purposes of the Webpage (“Customer Content”). You acknowledge that You have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.
4.4. MyRealEstate.com.my shall not be responsible for the accuracy and/or functionality of the Customer Content in the form in which it is provided to MyRealEstate.com.my or as modified upon and in accordance with Your instructions for inclusion on the Webpage.
4.5. The Customer Content is Your sole responsibility and MyRealEstate.com.my shall not be responsible for Your failure to provide any services promoted on the Webpage.
4.6. You understand that MyRealEstate.com.my is under no obligation to review the Customer Content and inclusion of the Customer Content by MyRealEstate.com.my on the Webpage or the continuous availability of the Webpage to members of the public shall not constitute acceptance by MyRealEstate.com.my that such Customer Content complies with the Terms.
4.7. MyRealEstate.com.my reserves the right to remove access to any Webpage that does not comply with the Terms, without notice or liability to You.
5. EDM AND SMS CAMPAIGNS
5.1. This Section 5 (EDM and SMS Campaigns) shall apply to all Products relating to the conduct of marketing services delivered via EDM or SMS, as may be provided by MyRealEstate.com.my from time to time.
5.2. For the purposes of this Section 5, “Marketing Content” means the content of an EDM or SMS and any other content and instructions supplied by You to MyRealEstate.com.my that are reasonably required by MyRealEstate.com.my in order to send the EDM or SMS.
5.3. You shall be responsible for reviewing and endorsing all Marketing Content before it is sent. MyRealEstate.com.my is unable to retract any Marketing Content once it has been sent or delivered.
5.4. You understand that MyRealEstate.com.my is under no obligation to review the Marketing Content and the dissemination of the Marketing Content shall not constitute acceptance by MyRealEstate.com.my that such Marketing Content complies with the Terms. Notwithstanding the foregoing, You agree that MyRealEstate.com.my may edit, amend or otherwise correct the Marketing Content prior to dissemination.
6. DATA AND RESEARCH PRODUCTS
6.1. This Section 6 (Data and Research Products) applies to Products that enable You to access data, statistical information and analyses of data relating to real estate in Malaysia (“Research Data”). Research Data may include data or information that has been derived, combined or aggregated from one or more data sources. Research Data may be made available via the Platform, AgentCRM, Newsletter or any other medium as may be determined by MyRealEstate.com.my from time to time.
6.2. MyRealEstate.com.my hereby grants You a non-exclusive, revocable, personal, non-transferable, non-sub-licensable licence to use the Research Data purchased by or made available to You for Your internal business purposes.
6.3. MyRealEstate.com.my may suspend or terminate Your access to Research Data immediately if You breach any of the provisions in Section 6.4, and reserves the right to modify, alter or withdraw Research Data at any time in its sole discretion and without notice to You.
6.4. You acknowledge and agree that:
6.4.1. Research Data provided or made available to You by MyRealEstate.com.my is granted for internal business purposes only;
6.4.2. You shall not reproduce, republish, redistribute, transmit or otherwise make available to any other person the Research Data (wholly or in part), except that You may redistribute limited excerpts of Research Data with MyRealEstate.com.my ’s prior written consent;
6.4.3. You shall not use the Research Data for any purpose contrary to any law or regulation or any regulatory code, guidance or request;
6.4.4. You shall not use or present the Research Data in any way or for any purpose deemed to be inappropriate or misleading;
6.4.5. You shall not copy, reproduce or store in a retrieval system, distribute, modify or otherwise transmit any Research Data, except for the downloading of such information for Your own use (as permitted by this Section 6; and
6.4.6. Your use of the Research Data shall comply at all times with MyRealEstate.com.my ‘s Acceptable Use Policy and Terms of Service.
6.5. In the event that You wish to distribute Research Data or use Research Data in any way not permitted under this Section 6, You must submit a request to MyRealEstate.com.my in writing, including details of the Research Data that You intend to use, intent of use, manner of use, time frame of use and identity of the user. MyRealEstate.com.my may approve or reject any such request in its sole discretion without providing reasons to You.
6.6. Where reproduction of the Research Data is permitted, You shall ensure that any analysis, manipulation or transformation of the Research Data is not presented in a manner that attributes or associates such data to or with MyRealEstate.com.my or represents such data as having been authorised by MyRealEstate.com.my .
6.7. Research Data shall not be used or relied upon for any official or commercial purpose or as a substitute for professional advice. Research Data is provided on an “as is” basis and MyRealEstate.com.my is under no obligation to update or revise any Research Data. MyRealEstate.com.my does not independently verify, and gives no assurance or warranty as to the completeness or accuracy of, any Research Data.MyRealEstate.com.my shall not, in any event, be liable for:
6.7.1. any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of the Research Data; or
6.7.2. any loss, damage, claim, expense, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from Your use (or the use of any third party) of the Research Data.
7. FEATURED PRODUCTS
7.1. This Section 7 (Featured Products) applies to all MyRealEstate.com.my features software (including updates and upgrades), tools, content, support and any ancillary or associated service provided or made available to You by MyRealEstate.com.my from time to time (“Featured Products”).
7.2. Subscription period
7.2.1. Notwithstanding anything to the contrary herein, unless otherwise agreed by MyRealEstate.com.my in writing, Your subscription period shall commence no later than two weeks’ from the Order Date set out in the Sales Order.
7.2.2. Unless otherwise agreed by MyRealEstate.com.my in writing or stated in the Sales Order, Your subscription will automatically renew at the expiration of Your current subscription term. If You do not wish to renew Your subscription, You must provide at least 45 days’ prior written notice to MyRealEstate.com.my prior to the end of Your existing subscription term by emailing email@example.com.
7.3. Your acknowledgements and obligations
7.3.1. You acknowledge and agree that:
(a) You shall not sub-license, resell, reproduce, redistribute or provide access to any other person any Featured Product, or any part thereof, unless otherwise agreed in writing by MyRealEstate.com.my ;(b) You shall not modify, create derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to discover any trade secret contained in any Featured Product or in any technology, or system used by MyRealEstate.com.my in connection with providing any Featured Product, except and only to the extent that applicable law expressly permits You to do so despite this limitation;
(c) use any Featured Product to process, transmit or otherwise make available any content that infringes or misappropriates the intellectual property or proprietary rights of any third party;
(d) You shall not build a product or service using similar ideas, features, functions or graphics to any Featured Product; and
(e) You shall not copy any ideas, features, functions or graphics of any Featured Product or incorporate any portion of any Featured Product into Your own programs or compile any portion of any Featured Product in combination with Your own programs.
7.3.2. You acknowledge that Your ability to use Featured Products may be affected by minimum system requirements or other factors.
7.4. Intellectual property
7.4.1. Subject to Your compliance with the Terms, in consideration of You purchasing or ordering Featured Products from MyRealEstate.com.my , MyRealEstate.com.my hereby grants You a non-exclusive, non-transferable, royalty-free and revocable license to download, install, access and use the Featured Products purchased by or made available to You for Your internal business purposes for the term of Your Featured Product subscription.
7.4.2. Subject to the limited rights expressly granted in Section 7.4.1, MyRealEstate.com.my Featured retains all rights, title and interest in and to the Featured Products, including any and all intellectual property rights, methods, materials, technologies, tools (including software tools), design code, templates, applications, techniques and other know-how developed by or for MyRealEstate.com.my . No rights are granted to You hereunder other than as expressly set forth herein.
7.4.3. MyRealEstate.com.my shall own all rights, title and interest, including all intellectual property rights, in and to any improvements to Featured Products and any new programs, upgrades, modifications or enhancements to Featured Produces developed by MyRealEstate.com.my, including those developed for you or at Your request.
7.5. Support services
7.5.1. MyRealEstate.com.my will take reasonable steps to facilitate Your access to the Featured Products for the duration of Your subscription period and will provide the following support services in connection with Featured Products during the term of Your subscription:
(a) assisting and providing guidance on setting up Featured Products for Your projects;
(b) providing fixes for software defects that may affect the Featured Product; and
(c) providing feature updates to Featured Products.
7.5.2. Support services shall be provided by MyRealEstate.com.my via phone, email and online during business hours, as arranged between You and MyRealEstate.com.my. Onsite support may be arranged where support cannot be provided remotely.
7.5.3. If MyRealEstate.com.my is at any time instructed by You to perform any additional services relating to Featured Products that it considers to be in the nature of an increase or decrease in the scope of work set out in the Sales Order, MyRealEstate.com.my shall provide You a written estimate of its reasonable adjustment to subscription fees, if any, taking into account any reduction in work or other expense which might also occur as a result of the circumstances giving rise to the variation. MyRealEstate.com.my shall only carry out such additional services upon receipt of a written instruction from You, which instruction shall include the agreed adjustment to be made to MyRealEstate.com.my’s fees.
Policy Of Acceptable Use
In using the services provided by MyRealEstate.com.ny (the “Website”), you agree not to:
- violate any law, statute or regulation (including but not limited to the Communications and Multimedia Content Code);
- infringe the copyright, patent, trademark, trade secret or other intellectual property right of any party, including but not limited to PG;
- sell counterfeit goods;
- sell any goods or provide any services prohibited by law;
- engage in money laundering activities;
- engage in gambling activities;
- engage in any immoral activity or potentially immoral activity, including but not limited to prostitution and pornography;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- act in a manner that is defamatory, libelous, threatening or harassing;
- provide false, inaccurate or misleading information;
- engage in potentially fraudulent, suspicious or illegal activity and/or transactions;
- “stalk” or otherwise harass another user of the Website (“User”);
- send unsolicited emails to any User or use PG’s services to collect payments for sending, or assisting in sending unsolicited emails to third parties;
- disclose or distribute another User’s personal information to a third party, or use such information for marketing purposes without the express consent of that User;
- take any action that imposes an unreasonable or disproportionately large load on PG’s infrastructure;
- upload, or cause to be uploaded, any content to the Website that contains viruses, or any other items that may damage, interfere with, or adversely affect or hinder access to the Website;
- engage in, nor cause other Users to engage in, spamming, phishing, improper, malicious or, in PG’s absolute discretion, fraudulent clicking, impressions or marketing activities relating to the Website;
- in PG’s absolute discretion, reflect poorly on or tarnish the reputation of PG;
- modify, adapt, reformat, recompile, transmit, publish, license, reverse engineer, disassemble, reconstruct, decompile, copy or create derivative works of, transfer or sell any services on the Website or part thereof, including source codes or algorithms, except as expressly authorised by PG in writing, or to the extent permitted by law;
- alter, remove, cover or otherwise deface any identification, trademark, copyright or other notice from any aspect of the services on the Website;
- use any automation software, hacks, mods or any other unauthorized third-party software designed to access, crawl or collect from PG’s services; and
- use any unauthorized third party software that intercepts, “mines” or otherwise collects information from or through PG.