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..

  1. Registration

    In registering an account:

    • You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may cause an adverse impact in your access to our Services.
    • To fully access or use the Site, you are required to register for an account by providing, among others, your name, email address and password.
    • You shall not select or use as an account a name of another person with the intent to impersonate that person; use as an account a name subject to any rights of a person other than you without appropriate authorization; or use as an account a name that is otherwise offensive, vulgar or obscene.
    • We reserve the right to refuse registration of, or cancel an account in our discretion. You shall be responsible for maintaining the confidentiality of your password.
    • Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.
  2. 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.

  3. 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:

    • You acknowledge BLUEDUCK as the source of the material. You must include such acknowledgement and the BLUEDUCK web address in the copy of the material, and
    • You must inform the third party that all the Terms and Conditions set out herewith apply to him/her and that he/she is bound by them.

    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.

  4. 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:

    • use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected; be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
    • affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
    • send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
    • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
    • violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person;
    • gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
    • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person;
    • post or provide false, inaccurate, misleading, incomplete, defamatory or libelous content;
    • take any action that may undermine any ratings system that we may use;
    • transfer your account and user identification to another party without our consent;
    • harvest or otherwise collect information about users, including email addresses, without their consent;
    • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
    • use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;
    • use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
    • 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

    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.

  5. 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.

  6. 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:

    • comply with legal process;
    • enforce this Agreement;
    • respond to claims that any Content violates the rights of third parties;
    • respond to your requests for customer service; or
    • protect our rights, property or personal safety, our users and the public.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. After Termination

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

    • your access to the Site shall immediately terminate; you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by the termination;
    • we reserve the right to permanently dispose and delete any data held in the Site without further reference to you; and
    • any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
  12. 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.

  13. 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.

  14. 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.

  15. Contact Us

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

Updated: 8 September 2021