TERMS OF USE

These Terms govern your use of our website www.blueduck.my (“Site”) operated by BLUE DUCK TECH SDN. BHD. (1298941-K), a company incorporated in Malaysia with its principal place of business at Menara IGB, Mid Valley City Suite 8.01, 8th Floor, 59200, Kuala Lumpur, Malaysia (“BLUEDUCK” or “we” or “our” or “us”), a Malaysian entity, either itself or through its subsidiaries or licensees, via our site at and any other platforms designated by us.

By using our Site, you accept these Terms and agree to comply with them

If you do not agree to these Terms, you must not use our Site.

For avoidance of doubt, these Terms apply to all visitors, users and others who wish to access or use of the Site including but not limited to a landlord, potential tenant or property agents etc..

Description of Services

The website is a free to use online consumer web portal for proptech and insurance products. Our products and services include aggregation of digital innovations and services, direct purchase of insurance products, promotions and other value-added services including in-house payment system. Any monetary exchange for any financial product (i.e. Blue Duck Smart Commercial, BD Zero Deposit, TenancyCash) will be between yourself and the respective insurer and/or banks.

BLUEDUCK also provides tenant profiling service for consumers. This service by credit reporting agency CTOS Digital Sdn Bhd, helps provide tenant screening solution for landlords and property agents. Note that additional documents, where applicable, are subject to our privacy policy and will be required for application purposes, i.e. evaluation processes and verification of credentials.

1. Use of Services

1.1. Purchase of Insurance on the Site

Our collaboration with insurance providers allow us to provide online transaction services for insurance products. We are a registered agent under PIAM to represent any insurer in distributing general insurance products. You may authenticate and confirm the same with PIAM by verifying our details in the agent search module on PIAM website.

A purchase of an insurance policy does not indicate a contract between you and BLUEDUCK. Rather, the contract of insurance is between you and the respective insurer. As such, by your purchase of an insurance policy offered by the insurance provider, you are bound to the specific terms and conditions governing the insurance policy stipulated by the respective insurer.

1.2. Tenant Profiling

To improve transparency and credibility, BLUEDUCK offers Tenant Profiling as a screening service to conduct checks on a prospective tenant via CTOS. This fully-digitised solution provides property agents and landlords with a more reliable approach in the selection process on potential tenants (individual/organization). By successfully completing a self-background check, tenants are granted with a verified status. In granting verified status, BLUEDUCK pass no judgment whatsoever on the character, quality or level of professionalism of the tenant involved. The tenant is responsible for the adequacy and accuracy of the information provided. BLUEDUCK reserves the right to revoke verified status on individuals and organisations if investigations find that information provided in applying for verified status was false or has since become invalid.

1.3. BD Pay

BLUEDUCK is a registered merchant under Payments Network Malaysia Sdn Bhd (Paynet), a wholly owned subsidiary of Bank Negara Malaysia. You may register for the services through our portal and you acknowledge that BLUEDUCK reserves the right to reject any registration by giving notification to you without assigning any reason.

Under no circumstances will BLUEDUCK be liable for any indirect or incidental loss, operating losses, consequential damages, claims by third parties and/or lost data, profits, revenue, customers, goodwill or interest. BLUEDUCK shall not be liable to the user for any damage caused by the suspension of the service. BLUEDUCK’s liability for direct damages shall be limited to an amount that is equivalent to the service charges that the user has paid to BLUEDUCK under the said agreement during twelve (12) months prior to the damage.

1.4. TenancyCash

In collaboration with banking institutions, BLUEDUCK offers an advance of pay (Loan) to landlords. As such, by your application of the Loan to the bank, you are bound to the terms and conditions of such service set by the bank.

Note that this will not include investment advice, asset management, and/or assistance with execution of the transactions involved. You acknowledge that BLUEDUCK does not provide tax, accounting or legal advice. We may address tenancy management issues as they relate to our core product, however you should understand that any information provided is not considered or intended to be legal, accounting or financial advice. For legal advice, you should consult with an attorney, for tax advice a qualified tax professional and for financial advice a professional advisor. None of the fees which we charge are for tax, accounting and legal advice.

BLUEDUCK shall not be liable for any damages or losses caused by loan application that were made based on the information, data and representations provided by you, or by your representatives. You further acknowledge that any loan recommendations made by the bank as a result of the financial plan are based upon the professional judgment of bank, and BLUEDUCK does not guarantee the results of the loan application.

2. Registration

In registering an account:

3. Content

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials (“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 Content which you submit, post, upload or display on or through the Site.

When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use, exploit and archive the Content in accordance with or as reasonably contemplated by this Agreement.

When you post, submit, or upload Content on the Site you represent and warrant that: you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display and reproduce the Content via the Site. You license us to use and sub-license the Content in accordance with this Agreement; you and 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 or your Content, and your use, storage, reproduction and display on the Site will comply with all applicable law, rules and regulations; your Content does not breach any of this Agreement; and your Content is not misleading or deceptive.

Blue Duck has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of BLUEDUCK or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

4. Copyright and Trade Marks

The content of this website are BLUEDUCK’s. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:

Licence to re-copy for Limited Purposes:

This licence to re-copy does not permit incorporation of the material or any part of it in any other work, publication, or website whether in hard copy or electronic or any other form. In particular (but without limitation) no part of the Site may be distributed or copied for any commercial purpose. You may not frame this website without the express consent of BLUEDUCK. The BLUEDUCK logo is rightfully owned by BLUEDUCK in Malaysia. Reproduction of this trade mark other than in order to view this website is prohibited.

5. Guidelines

The use of this Site is subject to our guidelines. You shall not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:

We reserve the right, in our sole discretion, to reject, edit or refuse to post any Content and to remove any Content from the Site, whether or not the Content is expressly prohibited by this Agreement, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.

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.

6. Privacy

When you use the Site, we will collect, store and use certain information as described in our Privacy Policy. If you do not agree to such provisions, please do not use the Site.

7. Confidential Information

We will not disclose or use your Confidential Information and likewise, you will not disclose or use our Confidential Information.

“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 we disclose or make available to you.

However, Confidential Information does not include information other than information that: is or becomes publicly known and generally available other than through your action or inaction; or was already in your possession (as documented by written records) without confidentiality restrictions before you received 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:

8. Dispute

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Nevertheless, you may inform us of such dispute for our records but we are not responsible resolve or arbitrate or mediate such dispute.

9. Marketing and Notifications

This Site may display advertisements and promotions. We will also send you information containing advertisements and promotions of our affiliates and partners. As consideration for access to and use of the Site, you agree that we may place advertising on the Site at our sole discretion. You agree that we may change the manner, mode and extent of advertising on the Site without further notice.

You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.

10. Indemnity

You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Site and/or your breach of any term of this Agreement.

11. Suspension and Termination

We may suspend or terminate your access to all or any part of the Site at any time, with or without cause, effective immediately. You may terminate your use of the Site at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement.

We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time.

We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to suspension or termination of your account.

12. After Termination

In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:-

13. Modification

We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Site at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Site. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.

What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

14. General Terms

This Agreement will be governed by the laws of Malaysia and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.

You are solely responsible for accessing the information contained on the Site and any reliance you may place on such information is done solely at your own risk. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such information appearing on this Site.

We do not guarantee or warrant that the data stored in our server or generated by the Site will be backed up. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.

15. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

16. Contact Us

Please send your feedback, comments, requests for technical support by email: support@blueduck.my.

Updated: 26 April 2022