The terms and conditions of this Agreement govern your use of the services provided by BLUE DUCK TECH SDN. BHD. (1298941-K), a company incorporated in Malaysia with its principal place of business at 17-1, Jalan 13/142, Taman Orkid Desa, Cheras, 56100, Kuala Lumpur, Malaysia(“we” or “our” or “us” or “Blue Duck”), a Malaysian entity, either itself or through its subsidiaries or licensees, via various electronic platforms any other platforms designated by Us (“Application”).
By using the Application, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree with its terms, please do not use this Application.
For avoidance of doubt, this Agreement applies to all users of the Application including a landlord or property agent listing a property and potential tenant.
In registering an account, you shall not:
- You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and condition of this Agreement, which may result in immediate termination of this Agreement.
- You may post an image for the use of your online profile. By submitting such image, you represent and warrant that you are authorised to use such image and grants us the non-exclusive and royalty-free right to use the image.
- To fully access or use the Application, you are required to register for an account by providing, among others, your name, email address and password.
- 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.
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 Application. 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 Application 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 Application. 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 Application 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.
Listings and Advertisement Rules
You must ensure that your property listing and advertisements comply with all applicable laws, statutes, regulations, industry code of conduct or guidelines issued by any relevant trade organisation. Such property listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any relevant trade organisation, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person.
You have must the authority to market the property and/or publish the property listing on our Portal. If you are listing a property, the property listing cannot:-
- contain information that is deemed false, illegal, inaccurate, misleading, misrepresenting, and/or untrue in regards to of any such information;
- be posted without the owner’s consent, which may include, but not limited to individuals and/or private homeowners and property developers;
- be listed as available but is in fact no longer available for sale or rent;
- have information about neighbours or other information that would potentially be viewed as an invasion of privacy; and
- contain materials which belongs to third parties including pictures belonging to another.
You may not misuse the personal data obtained or generated from your property listings or advertisements.
You shall only upload only relevant photographs of the said property showcasing the interior, exterior or the surroundings of the said property. Your photograph will be automatically modified by us by inserting your contact details.
Irrelevant photographs are strictly prohibited, including but not limited to company logo, customised photo, pictures of a gavel, for sale signboards, unique selling point propositions, placing borders and images from magazines. We also do not allow any watermarks on the photographs (including third parties’ logo, name, phone number, email, USP, etc).
We reserve the right to remove any listing, photograph or Content posted by you without notice to you.
The use of this Application is subject to our guidelines. You shall not use, allow, or enable others to use the Application, or knowingly condone use of the Application 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 Application, 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 Application, or from advertising, linking or becoming a supplier to us in connection with the Application;
- 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 Application, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Application or to use the Application 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 Application or the rights or use and enjoyment of the Application by any other person;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Application, unless you have obtained the express, prior permission of such other person to do so;
- “stalk” or otherwise harass another;
- interfere with other user’s posts;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- 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;
- copy, modify, or distribute (i) content from any websites or (ii) any of our copyright or trade marks;
- harvest or otherwise collect information about users, including email addresses, without their consent;
- forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Application;
- 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).
While we prohibit such conduct and content on our Application, you understand and agree that we cannot be responsible for the Content posted on our Application and you nonetheless may be exposed to such materials and that you use the Application at your own discretion.
We do not manually screen content or control before it is displayed on the Application so occasionally users may inadvertently or deliberately submit and display content that breaches this Agreement. This means that you, and not us, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Application.
You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances, we will be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Application.
We reserve the right, in our sole discretion, to reject, edit or refuse to post any Content and to remove any Content from the Application, 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.
In the event of a successful listing of a property herein and parties wish to enter into a tenancy or lease agreement, such parties may utilise a sample tenancy or lease agreement provided in the Application. You agree that such agreement is a non-binding sample and you place no reliance on such sample. You are free to amend such sample and you may seek independent legal advice before entering into such agreement. You agree that BD is not liable for any damages or liability caused, whether directly or indirectly, from any error, deficiency or omission in such sample or any services provided by the Application to facilitate formalisation of the parties’ agreement.
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: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.
The Application allows users to send messages to each other. However, the use of the private messaging service is not “Private” in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the users, we can view and monitor them.
You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be liable for any loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with this Agreement or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from your access to or use of or inability to access or use the Application;
any conduct or content of any third party on this Application, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
any Content obtained from this Application; and
unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person. You must ensure that your access to this Application and the service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this Application and our service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Application or any linked website.
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.
Our Intellectual Property Rights
You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Application, and that you will not acquire any rights, titles, or interests in or to the Application except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Application or proprietary information related thereto. You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Application.
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
Marketing and Notifications
This Application 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 Application, you agree that we may place advertising on the Application at our sole discretion. You agree that we may change the manner, mode and extent of advertising on the Application without further notice.
You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.
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 Application and/or your breach of any term of this Agreement.
Suspension and Termination
We may suspend or terminate your access to all or any part of the Application at any time, with or without cause, effective immediately. You may terminate your use of the Application 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.
In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:-
- your access to the Application shall immediately terminate; you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;
- we reserve the right to permanently dispose and delete any data held in the Application 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.
The terms of Clauses 7 and 13 shall survive termination of this Agreement. If the parties have executed a separate agreement that contains confidentiality terms prior to or contemporaneously with this Agreement, those separate confidentiality terms shall remain in full force to the extent they do not conflict.
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 Application 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 Application. 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.
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.
This Application may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third- Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third- Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
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 Application 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 Application.
In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. We do not represent or warrant that:-
- access to the Application or any part of it, will be uninterrupted, reliable or fault-free; or
- the Application or any of its contents will be accurate, complete or reliable.
We do not guarantee or warrant that the data stored in our server or generated by the Application will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. 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.
Dated: 30 October 2018