Terms and Conditions
1. SCOPE OF SERVICES
1.1 We offer you various services, content, products, analysis tools, and information for free or at a fee. These resources are accessible through any device or medium, including our website, and are subject to the terms and conditions outlined. Our services may include communication from us, such as emails, messages, newsletters, advertisements, and service announcements.
1.2 It is important to note that we may establish general practices, guidelines, and limitations on using our website or services without prior notice. These limitations may include the maximum number of days any service will be available on the website, the methods by which we may change or suspend the website, services, or any part of them, and our ability to deactivate or suspend inactive accounts at our discretion.
1.3 We reserve the right to modify or discontinue our services or any part of them, temporarily or permanently, with or without notice. The website may experience temporary interruptions due to maintenance, telecommunications disruptions, or other unforeseen issues. Additionally, we reserve the right to decline ads that do not meet our requirements.
2. YOUR OBLIGATIONS
As you access and use any website, it is essential to understand the applicable terms and conditions. These terms and conditions govern your use of the website and its services, and by accessing the website, you agree to abide by them. In this article, we will discuss the critical points of the terms and conditions that apply to the use of any website.
2.1 Age and Legal Capacity. Before accessing any website, you must ensure you have the legal capacity to do so. You must be at least 18 years old or legally capable of forming a binding contract. You may only access or use the website if you meet these requirements.
2.2 Computer Configuration and Access Charges. To access the website, you must have a computer system that is properly set up and configured to ensure optimal access at all times. This includes having the necessary hardware, equipment, and software. Additionally, you are responsible for all charges associated with connecting your computer and devices to the website. These charges may include internet connection charges, cellular network data charges, and other related fees or charges.
2.3 Privacy and Security. Information transmitted over the internet and other network services could be more secure. As such, the website cannot guarantee the privacy or security of any information you transmit to us when accessing the website, including your personal information, user ID, and password. You are responsible for taking necessary security measures, such as changing your password regularly, to protect such information and prevent unauthorized access to your account. You must notify us immediately if you discover any unauthorized use of your user ID and password or any other security breach.
2.4 Compliance with Laws and Regulations. Because of the global and international nature of the internet, you must use the website in a manner that is consistent with and in full compliance with all applicable international and local laws, regulations, guidelines, and directives. Personal Use Only Unless expressly authorized in writing by the website, you may only use the website for your personal use. You may not use the website for any business or commercial enterprise, including, but not limited to, investment, accounting, banking, legal, or media business or enterprise.
2.5 Prohibited Activities. You are prohibited from engaging in several activities when accessing and using the website. These include using third-party software, hacks, mods, or any method to access, crawl, or collect information or data from the website. You may not use any software that intercepts, "mines," or otherwise collects information from or through the website. Additionally, you may not share your account with a third party.
2.6 Accuracy of Information. You must provide accurate and complete information when registering for an account. If any of the information changes, you must immediately notify the website. Suppose you provide false or incomplete information, or we have reasonable grounds to believe that the information is false or incomplete. In that case, we reserve the right to suspend or terminate your account.
In accordance with our policies, we may, at our discretion, impose subscription fees for access to the website, its contents, or any special features included therein. This subscription fee will be clearly stated on the online registration form and will cover the cost of accessing or using the service for a specified period. We reserve the right to modify the subscription fees for any of our services at any time. You are responsible for applicable taxes, including but not limited to GST, SST, duties or levies that may be added to the subscription fee. Please note that once a subscription fee is paid, it is non-refundable.
4. PLACEMENT OF ADVERTISEMENT/ LISTING
4.1 This pertains to users authorized to use the My Crib Website and Services for business purposes, including but not limited to real estate agents, negotiators, property developers, appraisers, realtors, valuers, financial institutions, banks, and other service providers.
4.2 The term "Contents" refers to all materials included in an advertisement or listing, such as data, video footage, photographs, images, display tools, text, links, and other materials, data, and statements that are provided by the user or requested by the My Crib Website and Services for the purpose of publishing an advertisement or listing.
4.3 In this Section, users must adhere to the My Crib Website and Services guidelines when submitting the Contents of their advertisement or listing. The Crib Website and Services reserves the right to accept or reject the submitted Contents without providing any reason or charging an administrative fee. The placement, positioning, and presentation of the advertisement or listing are solely at the discretion of the Crib Website and Services. It is the user's responsibility to ensure the accuracy and truthfulness of the Contents, and the Crib Website and Services will not be held responsible for any errors or omissions in the published advertisement or listing. You make several representations and warranties when you submit your content for listing or advertisement placement. These representations and warranties include:
(a) You have the legal right to publish the contents without infringing on any third-party rights, violating laws, or creating civil or criminal liability.
(b) The photographs, images, or materials in the contents do not contain watermarked logos or names of our competitors.
(c) You will only upload accurate photos of the property you are listing, including the interior, exterior, and surrounding areas. You will not include any unrelated information promoting our competitors, such as business logos or sale signboards.
(d) You have obtained all necessary legal, regulatory, and governmental approvals, licenses, consents, and permits for any promotional activity.
(e) The contents you submit are current, accurate, and truthful.
(f) You will not place the listing or advertisement without the owner's consent, including private homeowners or property developers.
(g) You will not advertise the price differently from what the owner stipulated.
(h) One listing relates only to one specific real property.
(i) If you are placing the listing or advertisement in the ordinary course of your business or profession, you have complied with all applicable laws, rules, regulations, guidelines, and directives of the relevant jurisdictions governing the conduct of your business or profession. This includes 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 or advertisement in the relevant jurisdictions, including the jurisdiction where the targeted audience of the listing or advertisement resides. You are responsible for ensuring that any third-party websites linked through the contents are relevant and do not provide auctioneering or advertising services. Request the removal or withdrawal of any published listing or advertisement. You will not receive a refund, and we reserve the right to charge administrative fees for the removal or withdrawal. By submitting the contents, you grant us and 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 after this developed. Using third-party services or software to post the listing is strictly prohibited and violates the terms and conditions herein.
(h) 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.
5. INSIGHTS AND ANALYTICS
This section is relevant to the services we provide, enabling you to use a variety of tools including, but not limited to, data visualizations, charts, maps, statistical data, and data analysis. Collectively, these are known as "Data Analytics," and they pertain to the real estate sector in Malaysia, along with other jurisdictions that we may incorporate over time. You can access the Data Analytics via our Website and Mobile Application, viewable on any device or in any format, present or future. You have the right to view, download, and print the Data Analytics for your personal or internal business use only. Any dissemination or sale of the Data Analytics to a third party is strictly forbidden without our explicit permission. It's crucial to understand that Data Analytics should not be used for commercial purposes or as a substitute for professional guidance. We highly recommend obtaining professional counsel before entering into any transactions. Please be aware that the Data Analytics are provided "AS IS," and we do not guarantee their accuracy. We will not bear any responsibility or liability for any claims, damages, losses, costs, or liabilities resulting from the use of Data Analytics.
6. INTELLECTUAL PROPERTY
All contents and materials on the website, including text, images, audio, videos, data, and graphics, are the exclusive property of the website owner, listing owners or its licensors. Intellectual property and proprietary rights shall not be transferred to the user. Users are granted limited access and use of the website and services for personal, non-commercial, and informational purposes only. Users cannot modify, copy, distribute, disseminate, republish, rent, lease, derive work from or download any material from the website or services. Users are also not permitted to market, promote, sell, or commercially use the website or its materials without express written consent from the owner. Some content on the website may contain sponsored advertisements protected by third parties intellectual property rights. Users do not acquire rights to their User ID, IP address, or assigned codes. The website owner reserves the right to change them without liability to the user for any damages or losses suffered.
7. NO WARRANTY
7.1 You acknowledge that your use of the Website and Services is entirely at your own risk and that the Services and Website are provided to you on an "as is, as available" basis. Any implied or incorporated conditions or warranties within the Terms and Conditions, whether by statute, common law, or otherwise (including warranties of merchantability, suitability, satisfactory quality, fitness for purpose, compliance with description, and non-infringement), are expressly excluded. Some jurisdictions may not allow for the disclaimer of implied warranties, and certain statements in the disclaimer may not apply to you regarding implied warranties. However, the other terms in this agreement remain enforceable.
7.2 We, along with our related and affiliated entities, officers, employees, agents, partners, licensors, suppliers, and vendors, do not provide or make any express or implied warranties that:
(a) Any part of the Website, Services, or Analytics will be timely, accurate, reliable, secure, or complete due to the Internet being an inherently unreliable communication medium, subject to unpredictable traffic congestion and other factors beyond our control.
(b) Any part of the Website, Services, or Analytics will be accessible at any time or through any 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 for browsing or download.
(d) Any products, services, information, content, or other materials purchased, procured, or obtained through the Website and Services will meet your expectations or requirements.
8.1 Any required or permitted notice may be emailed and appropriately addressed to the intended recipient. If you need to give notice to us, please send it to the email address below.
9. GOVERNING LAW & JURISDICTION
9.1 The Terms and Conditions shall be interpreted and enforced in accordance with the laws of Malaysia. Any disputes arising from or related to the Terms and Conditions shall be subject to the non-exclusive jurisdiction of the Malaysian courts, to which the parties agree to submit.
9.2 As the Website and Services can be accessed from various countries, users accessing the Website are responsible for adhering to the laws of the jurisdiction in which they access the Website to the extent that local laws apply.
10. PERSONAL DATA PROTECTION POLICY
10.1 The Terms and Conditions will be governed by and construed in accordance with Malaysian law. Any disputes arising from or related to the Terms and Conditions will be subject to the non-exclusive jurisdiction of the Malaysian courts, to which both parties agree to submit.
10.2 We may collect personal data, including but not limited to your name, identification number, address, email, phone number, photograph, and passport number, to process your application and use the Website. We will collect and process your personal data in accordance with the Personal Data Protection Act 2010 of Malaysia and the Personal Data Protection Act of Singapore 2012 (No.26 of 2012), as applicable.
10.3 You must provide accurate and complete registration information when you register, 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.
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.