Terms and Conditions

By using, accessing, browsing and/or registering as a user of the Website at crib.my and services, you are deemed to have read and agreed to be bound by the Terms and Conditions and our Privacy Policy, which may be revised, amended or updated by us in our sole discretion from time to time, with or without notice to you. Any revision, amendment or update of the Terms and Conditions and Privacy Policy will be effective immediately upon the posting of such revisions, amendments or updates on the Website and you expressly waive any right to receive specific notification of such revisions, amendments or updates by emails or other forms of communications. You further agree that your continued access and use of the Website and the Services constitute your express agreement to abide by such further revisions, amendments or updates applicable to the Services and these revisions, amendments or updates are hereby incorporated into the Terms and Conditions and the Privacy Policy, as the case may be. Please read our Privacy Policy, which is incorporated within the Terms and Conditions by reference. Please note that the Terms and Conditions and Privacy Policy form a legally binding contract between you and My Crib. If you do not agree with the Terms and Conditions and/or our Privacy Policy, you should exit from the Website or cancel your registration.

1. SCOPE OF SERVICES

1.1 We make available to you for free or paid basis various services, contents, products analysis, tools and information which may be accessed through any medium, format or device , including the Website in accordance with the Terms and Conditions. The Services may include various forms of communication from us, including emails, messages, newsletters ads, and other service announcements.

1.2 You acknowledge that we may from time to time, establish general practices, guidelines and limits concerning the use of the Website or Services including without limitation any of the following, with or without giving you prior notice:

(a) the maximum number of days any of the Services will be retained at the Website;

(b) the manner in which we vary, amend, add to, or suspend the Website, Services or any part including the removal of any part or content of the Website or Services;

(c) we reserve the right to log off, deactivate or suspend accounts that are inactive for a specified period of time to be determined by us at our sole discretion.

1.3 You agree that we reserve the right at any time or from time to time to modify, discontinue temporarily or permanently the Services or part thereof with or without notice. The Website may be temporarily unavailable from time to time due to maintenance, telecommunications interruptions or other disruptions.

1.4 You agree that we reserve the right to refuse to publish ads that are not meeting a requirement.

2. YOUR OBLIGATIONS

2.1 You represent and warrant that you are at least 18 years old or have the necessary legal capacity, right, power and authority to form a binding contract or agree to the Terms and Conditions in order to access the Website, use the Services and/or register under the Website.

2.2 You are solely responsible for the set-up and configuration of your computer system (hardware, equipment and software) to ensure that you have optimal access to the Website at all times. You are also solely responsible for all charges payable to connect your PC and devices to the Website such as Internet connection charges, cellular network data charges, and other related fees or charges incurred or payable in respect thereof.

2.3 Information transmitted through the Internet and other network services is generally not secure. We therefore cannot and will not guarantee the privacy or security of any information you transmit to us when accessing the Website including your personal information, your User ID and Password. You should take the necessary security measures (such as changing Password regularly) to protect such information and to prevent unauthorised access to your account. You shall notify us immediately if you discover any unauthorised use of your User ID and/or Password or any other breach of security.

2.4 You recognize that due to the global and international nature of the Internet, you shall use the Website in a manner consistent with and in full compliance of any and all applicable international and local laws, regulations, guidelines and directives.

2.5 Unless you fall under the specific category of users stipulated herein in which commercial use is permitted, the Website is made available to you for your own personal use only. In no event shall you use the Website for or in connection with any business or commercial enterprise, without limitation, any investment, accounting, banking, legal or media business or enterprise unless expressly authorised by us in writing.

2.6 You shall not use any third-party software, hacks, mods or any method whatsoever to access, crawl or collect any information or data from the Website. Neither shall you use any software that intercepts, “mines” or otherwise collect information from or through the Website.

2.7 You shall not share your account with a third party.

2.8 You confirm that all the information provided by you upon registration (if any) is true, accurate, current and complete. Should there be any change to any of the information, you shall immediately notify us. If you provide us any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof). We may provide you with access to some or limited parts of the Services without you registering as a user of the Website.

2.9 You acknowledge, consent and agree that we may access, preserve and disclose your account information and Saved Selections (as defined below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process, court orders or requests from law enforcement or other government agencies;

(b) enforce the Terms and Conditions;

(d) respond to your requests for customer services or under our Privacy Policy;

(e) protect the rights, property and safe of our users and the public.

3. FEE

3.1 We reserve the right at any time to charge subscription fees for access to the Website or any part or content thereof or for the use of any special feature comprised therein. The amount of subscription fee, the subscription period and the specific terms of subscription governing the access or use thereof will be indicated on the on-line registration form. We reserve the right to revise the subscription fees of any of the Services at any time.

3.2 You shall bear any taxes, GST, SST, duties or levies to which the subscription fee is subject.

3.3 There shall be no refund to any subscription fee paid.

4. PLACEMENT OF ADVERTISEMENT/ LISTING

4.1 This Section applies to the category of users who are permitted to use the Crib Website and Services for commercial purposes. This includes real estate agents, real estate negotiators, property developers, appraisers, realtors, valuers, financial institutions, banks, and other service providers.

4.2 “Contents” shall include without limitation the content material of an Advertisement or a Listing . Contnents such data, video footage, photographs, images, display tool, text, links and other material, data, and statements provided by you to us or that are requested by us for the purpose of publishing the Advertisement or Listing .

4.3 You hereby acknowledge and agree that: (a) the Contents of a Listing or an Advertisement supplied by you to us must be submitted through the method, specifications and in the file format as specified by us from time to time. (b) the receipt and acceptance of the Contents (or payment where applicable) by us pursuant to your request for a Listing or Advertisement shall not be deemed to be an undertaking by us to accept your Listing or Advertisement. We may at our sole discretion decide to approve, reject or postpone the placement of your Listing/Advertisement without providing you any reasons or subject you to payment of an administrative fee for such services. (c) the placement, positioning and presentation of a Listing/Advertisement is at our sole discretion. (d) we do not undertake to review the Contents and you are fully and solely responsible in checking and ensuring the accuracy and veracity of the Contents before they are published or repeated. We reserve the right to refuse your request to correct any errors or to print errata in the Listing/Advertisement upon the publication.

4.4 In submitting the Contents for placement of a Listing/Advertisement, you represent and warrant as follows:

(a) You have the right to publish the Contents without infringing any third party rights, giving rise to any civil or criminal liability or breaching of any laws.

(b) The photographs, images or materials in the Contents do not contain the watermarked logo or name of our competitors.

(c) you will only upload the exact photos of the property to be listed including the interior, exterior or even the surroundings of the said property and you will not include any other unrelated information including business logo, sale signboards and other that promotes our competitors.

(d) You have obtained the necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity.

(e) the Contents submitted are true, current and accurate.

(f) you do not place the Listing/Advertisement without the owner’s consent, including without limitation private homeowners or property developers.

(g) You will not advertise a price differently from that stipulated by the owner.

(h) One Listing relates only to one specific real property.

(i) where you are placing the Listing/Advertisement in the ordinary course of your business/profession, you have complied with all applicable laws, rules, regulations, guidelines and directives of the relevant jurisdictions governing the conduct of your business/profession, including without limitation, all licensing requirements such as the Valuers, Appraisers and Estate Agents Act 1981 of Malaysia and the Estate Agents Act (Chapter 95A) of Singapore;

(j) You have complied with all applicable laws, rules, regulations, guidelines and directives in the placement of the Listing/Advertisement in the relevant jurisdictions including the jurisdiction where the targeted audience of the Listing/Advertisement resides.

4.4 You shall ensure that any third party websites linked through the Contents are relevant and are not websites that provide auctioneering or advertising services.

4.5 You may request for the removal and/or withdrawal of any Listing/Advertisement published, in which case, you will not be refunded on the removal and/or withdrawal of such Listing/Advertisement. We reserve the right to charge you administrative fees for such removal and/or withdrawal.

4.6 You hereby grant us, our affiliated and related companies, employees, licensees, suppliers, vendors or agents, a royalty-free, irrevocable, perpetual, transferable and worldwide license to use, reproduce, distribute, display, modify, edit, translate, adapt, display, disseminate, communicate to the public in any manner whatsoever the Contents (or part thereof) in printed format or on the Website or Services through any medium, format or device now known or hereinafter developed.

4.7 The use of third party services or third party software to post the Listing is strictly prohibited and is a violation of the Terms and Conditions herein.

5. INSIGHTS AND ANALYTICS

This section relates to the Services for you to use various tools, data, data visualisation, charts,5.1 maps, statistical information and analyses of data ("Data Analytics") pertaining to real estate in Malaysia aand any other jurisdictions as may be added by us from time to time. The Analytics may be available to you via the Website and Mobile Application through any medium, format or device now known or hereinafter developed.

5.2 You may view, download and print the Analytics where it is only used for your own internal business purposes or personal use and is not distributed or sold to a third party.

5.3 The Analytics should not be used for any commercial purpose or as a substitute for professional advice. You are advised to seek professional advice before entering into any transactions. They are provided “AS IS” and we do not give you warranty as to its accuracy. We shall not be responsible or liable for any claims, damages, losses, expenses or liabilities whatsoever.

6. INTELLECTUAL PROPERTY

6.1 You hereby acknowledge and agree that all intellectual property rights and proprietary rights in all contents and materials inclusive of text, photographs, pictures, images, data, data visualisation, videos, audio, sound files, graphics and the selection, layout, arrangement, format and compilation of information, or search results that form, are part of, contained in or accessed through the Website, the Services or part of, and in any enhancements or modifications to, adaptations or translations of, or derivative works based on the foregoing shall be and remain our exclusive property or that of our licensors, as the case may be. No intellectual property or other rights shall be transferred to you.

6.2 Except as expressly authorised by us, our licensees or advertisers in writing, you are granted a limited and non-sublicensable right to access and use the Website and Services and print the materials available on our Website for your personal, non-commercial and informational use only. We reserve the right, with or without notice and in our sole discretion to terminate your license to use the Website and Services, and to block or prevent future access to and use of the Website and Services. The limited license granted to you does not include the right for you to:

(a) modify, copy, distribute, disseminate, republish, rent, lease, derive work from or download (unless permitted expressly) any of the material from the Website or Services;

(b) market, promote, sell or make commercial or derivative use of the Website or any materials from the Website or Services;

6.3 You further acknowledge and agree that certain contents in the Website or Services may contain sponsored advertisements protected by the respective third parties’ intellectual property rights.

6.4 You do not acquire any rights to any User ID, IP address, and any codes (whether assigned to you or otherwise) and we reserve the right to change any of them at our sole discretion without being liable to you for any damages or losses suffered.

7. NO WARRANTY

7.1 You understand and acnowledge that your use of the Website and Services is at your own risk and the Services and Website are provided to you on an “as is, as available” basis. Any condition or warranty which may be implied or incorporated within the Terms and Conditions by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality, fitness for purpose, compliance with description and non infringement) is hereby expressly excluded. Some jurisdictions may not allow disclaimers of implied warranties and certain statements in the disclaimer may not apply to you as regards implied warranties. The other terms remain enforceable notwithstanding.

7.2 We, our related and affiliated entities, officers, employees, agents, partners, licensors, suppliers and vendors do not give or make any warranty (express or implied) that:

(a) any part of the Website, Services or Analytics will be timely, accurate, reliable, secure or complete because the Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control.

(b) any part of the Website, Services or Analytics will be accessible at any time or at all times through the medium, platform, device, channel or format chosen or used by you;

(c) any part of the Website, Services or Analytics will be uninterrupted, error-free, virus-free or safe in any manner for browsing or download;

(d) any products, services, information, content or any other materials purchased, procured or obtained by you through the Website and Services will meet your requirements or expectations.

8. NOTICES

8.1 Any notice required or permitted may be made by e-mail properly addressed to the intended recipient, and in the case of notice to us at the e-mail address provided below.

9. GOVERNING LAW & JURISDICTION

9.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.

9.2 As the Website and Services may be accessed internationally, the users who access the Website are responsible for compliance with the laws of the jurisdictions from which they access the Website, if and to the extent local laws are applicable.

10. PERSONAL DATA PROTECTION POLICY

10.1 The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.

10.2 We may collect your personal data which includes without limitation, your name, NRIC No., passport number or other identification number, address, email, phone number, email address, photograph etc. to enable us to process your application and/or use the Website. Such collection and/or the processing of your personal data shall be done in accordance with the provisions under the Personal Data Protection Act 2010 of Malaysia and Personal Data Protection Act of Singapore 2012 (No.26 of 2012), as applicable.

10.3 On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the Website. We are entitled to rely on any information you provide to us.

10.4 You agree that we are entitled to use your personal data for marketing purposes, contacting you for a feedback and/or for purposes as stated in our Privacy Policy.

22.4 Please refer to our Privacy Policy for our personal data protection policy governing our collection of personal data. The Privacy Policy shall form part of the Terms and Conditions.

11. DISCLAIMER

11.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE FOR OURSELVES AND ON BEHALF OF OUR RELATED OR AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND VENDORS EXCLUDE LIABILITY FOR ANY LOSSES, DAMAGES, CLAIMS, COSTS AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME, PROFITS OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF, IN CONNECTION WITH OR RESULTTING FROM THE USE OR INABILITY TO USE THE WEBSITE, SERVICES AND ANALYTICS.

11.2 You expressly acknowledge and agree that the disclaimers and exclusions of liability set forth in the Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the contract between you and us, taking into account all relevant factors including without limitation the value of the consideration provided by you. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law in all jurisdictions worldwide.