Terms of purchase | PropertyGuru Malaysia

Last modified: 4. December 2014

1. TERMS APPLICABLE TO ALL PURCHASES

1.1 GENERAL

1.1.1 By purchasing any product or service, including access to AgentNet (as defined below) (each referred to as the "Product") from PropertyGuru International (Malaysia) Sdn. Bhd ("PG"), you conclude a legally binding agreement with PG.

1.1.2 Section 1 (Terms Applicable to All Purchases) contains the overarching terms of the relationship between you (the entity purchasing the Product) and PG. The sections that follow thereafter are the specific terms applicable to each Product. In addition, PG may specify in writing that other terms (not contained in these Terms of Purchase) are nonetheless applicable to purchases of certain Products (the "Additional Terms"). Additional Terms may include the Privacy Policy, Terms of Service and Policy of Acceptable Use (as defined below).

1.1.3 You accept without limitation or qualification these Terms of Purchase (including Section 1 of the Terms of Purchase and such other applicable section) and the Additional Terms. The Additional Terms shall be incorporated in these Terms of Purchase by reference, and shall collectively be referred to as the "Purchasing Terms".

1.1.4 In the event of any inconsistency between the Terms of Purchase and the Additional Terms, unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.

1.1.5 You agree that PG may modify the Purchasing Terms at any time without liability and without notice to you. The modified Purchasing Terms will be posted on AgentNet and will come into effect 10 days after such posting. You are advised to check for updates to the Purchasing Terms regularly, prior to using any Products, or entering into any transaction, on the Website or with PG.

1.1.6 You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access any of the Products. You must comply with all the rules and regulations that apply to the means that you have used to access the Products (e.g. Internet access).

1.2 DEFINITIONS

Except where the context otherwise requires:
"Advertisement" means an advertisement placed by you through PG on an offline medium including but not limited to an offline Newsletter;
“AgentNet” means the real estate agent portal on the Website;
"Listing" means an advertisement placed by you through PG on an online medium including but not limited to the Website;
"Newsletter(s)" means any newsletter that PG may make available through any online or offline medium from time to time, including without limitation, PG's Daily Market News, Agent Handbook and PG's Property Blog;
"Policy of Acceptable Use" means the acceptable use policy posted on http://www.propertyguru.com.my/acceptable-use;
"Privacy Policy" means the privacy policy posted on http://www.propertyguru.com.my/privacy;
"Terms of Service" means the terms of service posted on http://www.propertyguru.com.my/terms-of-service;
"Website" means the website at http://www.propertyguru.com.my and its subsidiary web pages; and
"you" or "your" means the entity entering into the Purchasing Terms with PG.

1.3 PURCHASE OF PRODUCT PACKAGE

1.3.1 In the event that you have purchased any Product package (including a marketing services package) ("Package") from PG, you understand that, unless otherwise specified by PG in writing, such Package is valid for 12 months from its date of purchase (the "Validity Period").

1.3.2 Each Package shall entitle you to specified types and quantities of services from PG.

1.3.3 In the event that at the expiry of the Validity Period, you have not fully utilised the Package that you have purchased, PG shall, unless otherwise specified in writing, forfeit the unutilised part of such Package without notice to you. You shall not be entitled to any compensation from PG as a result of such forfeiture.

1.3.4 If you decide to purchase another Package after the expiry of your previous Package, you understand that any unutilised part of your previous Package shall not be carried over to your newly purchased Package.

1.3.5 No Package may be swapped for another Package during the Validity Period of the first-mentioned Package.

1.3.6 All Packages should be purchased either through the Website, or via an authorised sales agent of PG.

1.3.7 PG may grant you access to an AgentNet account for the purposes of managing the Products to which you are entitled to under the Package. You understand that all use of the AgentNet account shall be subject to Section 8 (AgentNet Access).

1.4 PRICE REVISIONS

1.4.1 PG reserves the right to revise the price of any of its Products and Packages at any time.

1.4.2 The revised price will be published on the Website.

1.4.3 You shall not be subject to the revised price if the revision occurs during the term of your existing Package. The revised pricing shall apply when you subscribe for a new Package, or when you renew an existing Package after its Validity Period.

1.5 PAYMENT

1.5.1 You will pay to PG all fees incurred in connection with the purchase of a Product or Package (the "Purchase") through a payment method made available by PG from time to time. You acknowledge that you are solely responsible for any payment method that you have chosen.

1.5.2 If you have been issued with a sales order or e-mail confirmation with respect to your Purchase, you shall adhere to the payment method, and payment due date, as set out in such sales order or e-mail confirmation.

1.5.3 If you are paying via cheque, you understand that PG is not responsible for any loss of or damage to the cheque en-route to PG. You shall be liable to pay to PG such administrative fees stipulated by PG if the cheque bounces.

1.5.4 In the event that you have made the Purchase from an authorised sales agent of PG, please ensure that the agent has issued you with an invoice upon making the necessary payment. PG shall not have the obligation to entertain any claims that are not supported by an invoice.

1.5.5 Late payment shall bear interest at an annual rate of 6% above the average prime lending rate of DBS Bank Ltd, or the highest rate permitted by law, from the due date until it is paid in full.

1.5.6 All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Purchase.

1.5.7 In the event that you fail to make payment of any fees due under the Purchasing Terms, you understand that PG shall be entitled to take such steps against you to recover any fees owed to PG. You agree to indemnify PG of all costs and expenses, including legal fees, which PG may reasonably incur in the taking of such steps.

1.5.8 PG may, from time to time, issue to you credits (e.g. floor plan credits or advertising credits) that may be used to offset the fees payable for a certain Purchase. You will be notified in writing of the types of Products/Packages for which the credits may be used. You understand that unless otherwise stated, all credits that are issued by PG shall be valid for 12 months from the date on which the credit is issued. Any credits that have not been utilised within this 12 month period shall be forfeited by PG without notice to you. You shall not be entitled to any compensation from PG as a result of such forfeiture. You understand that forfeited credits will not be carried over to any subsequent credit that may be issued to you by PG or purchased by you from PG.

1.6 REFUND POLICY

1.6.1 Unless otherwise specified herein, there shall be no refund of any fees paid.

1.6.2 In the event of a refund, such refund shall be paid by bank transfer to the bank account that you have provided.

1.6.3 Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current.

1.6.4 You agree that PG's obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that you have provided. In the event that the refund is made by way of cheque, PG's obligation to you is fulfilled when the cheque is mailed to you. Unless otherwise specified in writing, the cheque will be mailed to you via normal post. In the event that you request for the cheque to be mailed to you via registered post or courier, you agree to PG deducting from the refund such amount necessary for the cost of mailing the cheque to you using your desired method of postage.

1.7 INTELLECTUAL PROPERTY RIGHTS

PG reserves all intellectual property rights to any content and Product that it provides to you, including the Website and the Newsletter, including copyright and trade mark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. Nothing in this Agreement shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any intellectual property of PG in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of PG’s trade marks or trade names in an unauthorised manner. You may not use any of PG’s trademarks without the prior written consent of PG. All rights not expressly granted herein are reserved to PG. Except as otherwise permitted by applicable law, any publication of any copyright work and Product are strictly prohibited without the written consent of the copyright owner.

1.8 INDEMNITIES AND LIMITATION OF LIABILITY

1.8.1 You agree, at your own expense, to indemnify, defend and hold harmless PG, and its subsidiaries, affiliates, officers, agents or other partners, and employees, against any claim or demand, including attorneys' fees, made by any third party due to or arising out of:

(a) the publication of your Advertisement/Listing;
(b) the content of your Advertisement/Listing;
(c) any material, product or service provided by you, to which members of the public (including users of the Website) can access through your Advertisement/Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
(d) your violation of the Purchasing Terms.

1.8.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within such time limit prescribed by the relevant laws, after the date on which the cause of action arose, following which the aggrieved party shall have no further claim whatsoever against the other party.

1.8.3 In no event shall PG’s aggregate liability for any claims under or pursuant to the Purchasing Terms exceed the aggregate fees actually paid by you for the preceding 12 month period at the point in time when the claim(s) is/are made against PG.

1.9 DISCLAIMERS

1.9.1 You expressly understand and agree that:

(a) your use of any Product is at your own risk. Such Product is provided by PG on an "as is" basis. PG expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;
(b) PG makes no warranty that:
(i) its services will meet your requirements;
(ii) its services will be uninterrupted, timely, secure and error-free;
(iii) its services will be accessible at any time or at all times via the channel selected or used by you;
(iv) the quality of any services, information or other material purchased or obtained by you through its services will meet your expectations; and
(v) any errors in the services will be corrected.

1.9.2 For the avoidance of doubt, no advice or information, whether oral or written, obtained by you from PG or its employees, agents or through or from the services shall create any warranty not expressly stated in the Purchasing Terms.

1.10 USE OF PERSONAL INFORMATION

1.10.1 You acknowledge that PG may collect, use and disclose your personal information for the purposes for which they were collected, including publicising PG’s products and services to you. Such information includes without limitation your name, photograph, email address, telephone number and address.

1.10.2 PG shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.

1.10.3 You agree that even after the completion of any transaction between you and PG, PG is entitled to use your personal information for the purposes of publicising PG's products and services to you or contacting you to obtain feedback unless you expressly notify PG that you no longer wish to receive such information on PG’s products and services or be contacted by PG.

1.10.4 All personal data about you is subject to our Privacy Policy. This Privacy Policy is deemed incorporated into the Terms of Purchase by reference to this Clause.

1.11 TERMINATION

1.11.1 PG may terminate the Purchasing Terms without prior notice. Cause for such termination shall include without limitation:

(a) you being declared insolvent or bankrupt;
(b) failure to make any payment that is due under the Purchasing Terms;
(c) request by law enforcement or other government agencies;
(d) failure to comply with the Purchasing Terms
(e) infringement of intellectual property rights of others;
(f) discontinuance or material modification to the services of the Website or part thereof; or
(g) unexpected technical or security issues or problems.

1.11.2 You further understand that a termination of the Purchasing Terms shall result in a termination of your access to the Product that you have purchased. PG shall be under no obligation to refund you the whole or any part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Purchasing Terms in accordance with its terms.

1.11.3 Termination of the Purchasing Terms shall be without prejudice to any other rights or remedies PG may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

1.12 ENFORCEMENT

1.12.1 The Purchasing Terms shall be governed by and construed in accordance with the laws of Malaysia, and any claims or disputes of whatever nature shall be subject to the non-exclusive jurisdiction of the courts of Malaysia.

1.12.2 The failure of PG to exercise or enforce any right or provision of the Purchasing Terms shall not constitute a waiver of such right or provision. If any provision of the Purchasing Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Purchasing Terms remain in full force and effect.

1.13 CONTACT US

Unless otherwise stated herein, all notifications to PG pursuant to the Purchasing Terms shall be sent via e-mail to sales@propertyguru.com.my.

2. FLOOR PLANS

2.1 All floor plans may be purchased via the Website by way of floor plan credits. Each floor plan credit shall entitle you to 1 floor plan.

2.2 Floor plan credits may be obtained through any of the following methods:

2.2.1 purchasing a floor plan credit Package;

2.2.2 purchasing an advertising Package that has a stipulated number of floor plan credits bundled with it;

2.2.3 promotional give-aways; or

2.2.4 any other method that PG may prescribe from time to time.

2.3 PG makes no warranty that the floor plan will be accurate, up to date and/or current. In particular, you understand that renovation undertaken by lessee or owner of the property will not be shown on the floor plan.

2.4 PG will notify you if it is unable to provide you with the purchased floor plan. If that happens, your floor plan credit will be refunded to you.

2.5 PG reserves the right to revise any fees payable for a floor plan credit Package from time to time.

2.6 You are responsible for providing accurate information in purchasing the floor plan. No refund will be granted if the address of the property (to which the floor plan relates) or your contact details are incorrect.

2.7 You represent and warrant that you will:

2.7.1 not use the floor plan for any purpose, activity, or in any manner, that is criminal, illegal or actionable;

2.7.2 not conceal or remove any trademarks, intellectual property rights, or rights management notices that has been placed by PG on the floor plan;

2.7.3 not engage in any commercial sale of the floor plan; and

2.7.4 ensure that all uses of the floor plan shall be in adherence to the Policy of Acceptable Use.

3. MARKETING SERVICES

3.1 Section 3 (Marketing Services) shall apply to all forms of marketing services that may be provided by PG from time to time to enable you to advertise and promote your services and your Listings and Advertisements.

3.2 Depending on the type of marketing service that you have purchased, a Listing or an Advertisement (as the case may be) may pertain to the advertisement or promotion of:

3.2.1 your services as a real estate sales person;

3.2.2 the sale or rental of real property, both commercial and residential; or

3.2.3 any other services or products that PG may allow you to advertise or promote from time to time, including, without limitation, relocation services, and home and office furnishing services.

3.3 For the purposes of this Section 3 (Marketing Services), "Content" shall mean the content of a Listing or an Advertisement (as the case may be) and any other photograph, video footage, virtual tour, material, content and instructions supplied by you to PG, that are reasonably required by PG in order to publish the Listing or Advertisement, as the case may be.

3.4 Please check the Website, sales order, invoice, e-mail confirmation (if any) or with PG for the particulars of the Advertisements/Listings to which you are entitled.

3.5 Submission of Content:

3.5.1 All Content should be submitted to PG through the methods specified by PG before the date of placement of the Listing/Advertisement.

3.5.2 However, if your marketing services Package allows for Listings to be placed immediately after submission on the Website, you may submit your Content to the Website at any time. In the event that you are unable to submit the Content through the Website, or if PG has so instructed, please send the Content to PG via e-mail to sales@propertyguru.com.sg or via such method that PG may specify.

3.5.3 All Content should be submitted in the file format specified by PG.

3.5.4 If you are sending Content via e-mail or post, please indicate the following information about yourself:

(a) name;
(b) company;
(c) date of placement of Advertisement/Listing; and
(d) sales order reference number (if any).

3.5.5 You understand that PG may in its sole discretion reject your Advertisement/Listing, or subject to you paying to PG such administrative fees that PG may stipulate, postpone the placement of your Advertisement/Listing to the next available timing, if you do not:

(a) provide the information set out in Clause 3.5.4;
(b) submit the Content in the prescribed format; or
(c) submit the Content on by the deadline prescribed by PG.

3.6 Placement of Advertisement/Listing

3.6.1 The acceptance of payment by PG pursuant to your purchase of a marketing services Package shall not be deemed to be an undertaking by PG to accept any Advertisement/Listing. PG reserves the right to approve or reject any Advertisement/Listing at its sole discretion without providing reasons to you. PG retains full discretion to the placement of any Advertisement/Listing.

3.6.2 You understand that the placement, positioning and presentation of a Listing is at the discretion of PG.

3.6.3 You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is published or repeated. PG is not obliged to accept any requests to correct errors after the Advertisement/Listing is published or repeated and you shall be solely and fully responsible for such errors.

3.6.4 You understand that PG does not undertake to review the Content. The publication of any Advertisement/Listing will not be deemed to constitute an acceptance by PG that such Advertisement/Listing complies with the Purchasing Terms and the Policy of Acceptable Use.

3.6.5 In submitting the Content for the placement of an Advertisement/Listing, you represent and warrant that:

(a) you have abided by PG's Policy of Acceptable Use and Terms of Service (where applicable);
(b) you have the right to publish the Content without infringing the rights of any third party and without violating any law, in particular, that you have not used photographs provided by other users of the Website unless such photographs are provided under shared photographs;
(c) no photograph, video footage, virtual tour or material in the Content contains the watermarked logo or name of any of PG's competitors;
(d) you have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws, contained in the Advertisement/Listing, if any;
(e) the Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
(f) with respect to Listings posted through AgentNet, each Listing pertains to only one specific real property;
(g) you are a licensed housing developer under the Housing Development (Control and Licensing Act 1866, if you are placing the Advertisement/Listing in your capacity as a housing developer;
(h) you are a licensed sales person under the Valuers, Appraisers and Estate Agents Act 1981, if you are placing the Advertisement/Listing in your capacity as a real estate sales person, and that you have complied with the Valuers, Appraisers and Estate Agents Act 1981 and the Valuers, Appraisers and Estate Agents Rules 1998; and
(i) you have complied with all applicable laws, rules and regulations in the placement of the Advertisement/Listing, whether in the jurisdiction in which the Advertisement/Listing is placed, or the jurisdiction in which the targeted audience of the Advertisement/Listing resides.

3.6.6 With regard to any third party websites that may be linked through the Content, you shall ensure that the third party website is relevant to the Content, and that the third party website is not a website providing auctioneering or advertising services.

3.6.7 You hereby grant PG, including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct any Content.

3.6.8 You shall ensure that the all Listings are placed in categories that best describes the services that you are providing. PG reserves the right to re-locate the Listing to the correct category. For example, a Listing concerning the sale of a property should be placed under the "For Sale" category, while a Listing concerning the rental or the letting of a property for rental should be placed under the "For Rental" category.

3.6.9 PG reserves the right to remove any Advertisement/Listing that does not comply with the Purchasing Terms, or upon request by law enforcement or government agencies, without providing reasons or prior notice to you.

3.6.10 You understand that PG may from time to time make changes to the format and layout of its Newsletter or Website without prior notice to you. This may result in changes to the format or layout of your Advertisement/Listing. However, PG shall not make any changes to the content or size of your Advertisement/Listing.

3.6.11 You may, at any time, request that PG withdraw any Advertisement/Listing that has been published. However, PG is not liable to refund to you any fees that you have paid for the withdrawn Advertisement/Listing. You understand that in certain circumstances, a withdrawal of a published Advertisement/Listing is not feasible (e.g. where an offline Newsletter has been published). Where PG is agreeable to withdraw the published Advertisement/Listing, PG shall be entitled to charge you administrative fees (at its sole discretion) for such withdrawal.

3.6.12 The use of HTML tags, bots or any means other than those provided on the PropertyGuru Wwebsite is a violation of the Purchasing Terms and may result in PG deleting your Listing. Continued violation of this Clause may result in suspension or termination of your Account (as defined in Section 10 (AgentNet Account)) and forfeiture of the remainder of your Package.

3.6.13 Listings should only be posted via AgentNet directly by the authorised user of AgentNet. The use of third party services or third party software to post listings is strictly prohibited and is a violation of the Purchasing Terms and may result in PG deleting your Listing. Continued violation of this Clause may result in suspension or termination of your Account (as defined in Section 10 (AgentNet Account)) and forfeiture of the remainder of your Package.

3.6.12 The use of HTML tags to manipulate your Listing is a violation of the Purchasing Terms and may result in PG deleting your Listing. Continued violation of this Clause may result in suspension or termination of your Account (as defined in Section 8 (AgentNet Access)) and forfeiture of the remainder of your Package.

3.7 Use of Content.

3.7.1 You grant to PG an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or PG's marketing or distribution or placement of Advertisement/Listing on other mediums other than the Website or the Newsletters.

3.7.2 You agree that PG may use your name and photograph (if any) for the purposes of PG's marketing or distribution activities.

3.8 You shall indemnify and hold harmless PG and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the publication of the Content.

4. DATA/RESEARCH PRODUCTS

4.1 Section 4 (Data/Research Products) pertains to Products of PG that allow you to access data, statistical information and analyses of data pertaining to real estate trends in Singapore (for the purposes of this Section 4 (Data/Research Products), "PG Research Data"). PG Research Data may be made available via the Website, Newsletter, or any other medium as may be determined by PG from time to time.

4.2 Pursuant to discussions with you, PG may provide to you customised data/research products, in accordance with your preferences or requirements that you have conveyed to PG.

4.3 Restrictions of use of PG Research Data:

4.3.1 The contents of PG Research Data shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written consent of PG.

4.3.2 In the event that you wish to distribute the PG Research Data or use the PG Research Data in any way, you should submit your request to PG in writing, stipulating the PG Research Data that you intend to use, intent of use, manner of use, time frame of use and identity of the user. You understand that PG is not obliged to accept your request.

4.3.3 You may view, download and print the PG Research Data if:

(a) the PG Research Data is used solely for your internal business purposes or personal use (as the case may be), and is not distributed to a third party;
(b) no alterations, additions or modifications are made to the PG Research Data; and
(c) due acknowledgement is given to "PropertyGuru Pte Ltd" and citing the sources for the relevant data extracted.

4.3.4 Where reproduction of the PG Research Data is permitted, you must ensure that no analysis or transformation of the PG Research Data may be presented in a manner which suggests or is likely to lead to the belief that the analysis or transformation of the PG Research Data is attributable to PG.

4.3.5 You must not use the PG Research Data for purposes deemed to be inappropriate and/or misleading. Such instances include, but are not limited to:

(a) presenting the PG Research Data in a misleading or incorrect manner, or misrepresenting the data; or
(b) using the data to promote or support any illegal activities.

4.3.6 Your use of the PG Research Data shall adhere to the Policy of Acceptable Use.

4.4 PG owns all intellectual property rights in the PG Research Data. PG hereby grants you a non-exclusive and revocable license to use the PG Research Data for your internal business purposes or for personal use, as the case may be.

4.5 The PG Research Data should not be used for any official or commercial purpose or as a substitute for professional advice. It is provided “as is” and PG gives no warranty as to its accuracy. PG shall not, in any event, be liable for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of the valuation provided. It is reasonably expected that you should seek professional advice before entering into any transaction.

4.6 PG reserves the right to modify, alter or withdraw the PG Research Data at any time, for any reason whatsoever, without notice to you.

5. MICROSITE CREATION SERVICES

5.1 Section 5 (Microsite Creation Services) shall apply to all Packages allowing for the building and/or customisation of a microsite based on a webpage template provided by PG or the porting of your existing website as a microsite on the Website. For the purposes of this Section 5 (Microsite Creation Services), the microsite, as built or customised for you or as ported to the Website, shall hereinafter be referred to as the "Microsite". You understand that you shall be solely responsible for the maintenance of the Microsite.

5.2 Intellectual property rights:

5.2.1 You shall own all intellectual property rights in the content that you have supplied for the purposes of the Microsite (for the purposes of this Section 5 (Microsite Creation Services), "Customer Content"). You hereby grant to PG a non-exclusive, perpetual and irrevocable to use the Customer Content for PG's marketing purposes.

5.2.2 PG owns all intellectual property rights in the webpage templates and any other content/material (for the purposes of this Section 5 (Microsite Creation Services), collectively "PG Content") that it provides to you for the purposes of building and/or customising the Microsite. PG grants to you a non-exclusive and revocable license to use the PG Content for the purposes of creating and maintaining your Microsite.

5.2.3 You acknowledge that you have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.

5.3 You represent and warrant that:

5.3.1 you have the right to publish the Customer Content without infringing the rights of any third party and without violating the law;

5.3.2 the Customer Content abides by PG's Policy of Acceptable Use;

5.3.3 the Customer Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;

5.3.4 you are a licensed housing developer under the Housing Development (Control and Licensing) Act 1966, if you are disseminating the Content in your capacity as a housing developer;

5.3.5 you are a licensed sales person under the Valuers, Appraisers and Estate Agents Act 1981, if you are disseminating the Content in your capacity as a real estate sales person, and that you have complied with the Valuers, Appraisers and Estate Agents Act 1981 and the Valuers, Appraisers and Estate Agents Rules 1986; and

5.3.6 you have complied with all applicable laws, rules and regulations in the publication of the Customer Content.

5.4 Disclaimers:

5.4.1 PG will not be responsible for the accuracy and/or functionality of the Customer Content in the form in which it is provided to PG or as modified upon and in accordance with your instructions for inclusion on the Microsite.

5.4.2 PG will not be responsible for your failure to provide any services being promoted on the Microsite.

5.4.3 You understand that PG does not undertake to review the Customer Content. The inclusion of the Customer Content by PG on the Microsite or the continuous availability of the Microsite to members of the public will not be deemed to constitute an acceptance by PG that such Microsite, Customer Content and any third party websites linked through the Microsite complies with the Purchasing Terms and the Policy of Acceptable Use.

5.5 PG reserves the right to takedown or remove access to any Microsite that does not comply with the Purchasing Terms, without notice or liability to you.

5.6 You shall indemnify and hold harmless PG and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content, including but not limited to the posting and/or transmission of Customer Content on the Microsite.

6. SMS CAMPAIGN

6.1 Section 6 (SMS Campaign) shall apply to all Packages relating to the conduct of marketing services via SMS, as may be provided by PG from time to time.

6.2 For the purposes of this Section 6 (SMS Campaign), "Content" shall mean the content of an SMS and any other content and instructions supplied by you to PG , that are reasonably required by PG in order to send the SMS.

6.3 You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is sent. PG is unable to retract any SMS that is sent.

6.4 You represent that:

6.4.1 the Content abides by PG's Policy of Acceptable Use;

6.4.2 you have the right to disseminate the Content without infringing the rights of any third party and without violating any law;

6.4.3 the Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;

6.4.4 you are a licensed housing developer under the Housing Development (Control and Licensing) Act 1966, if you are disseminating the Content in your capacity as a housing developer;

6.4.5 you are a licensed sales person under the Valuers, Appraisers and Estate Agents Act 1981, if you are disseminating the Content in your capacity as a real estate sales person, and that you have complied with the Valuers, Appraisers and Estate Agents Act 1981 and the Valuers, Appraisers and Estate Agents Rules 1986; and

6.4.6 you have complied with all applicable laws, rules and regulations in the dissemination of the Content.

6.5 You grant to PG, including its employees, sub-contractors or agents, a non-exclusive and non-transferable licence to edit, amend or otherwise correct the Content prior to dissemination.

6.6 You understand that PG does not undertake to review the Content. The dissemination of the Content will not be deemed to constitute an acceptance by PG that such Content complies with the Purchasing Terms and the Policy of Acceptable Use.

6.7 You shall indemnify and hold harmless PG and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the dissemination of the Content.

7. NEWSLETTER SUBSCRIPTION

7.1 Section 7 (Newsletter Subscription) shall apply to all subscriptions to Newsletters that PG may publish from time to time.

7.2 Please ensure that all personal information that has been provided in the subscription of the Newsletter is true, accurate and current. PG is not liable for your failure to receive the Newsletter if such failure of receipt is due to an error in the personal information that you have provided.

7.3 In the event that you have subscribed for an online Newsletter, you shall be responsible for ensuring that the Newsletter gets to your inbox, for example, by adding emails from PG to a "safe" list.

7.4 In the event of a change in your personal information, please notify PG of such change through such methods specified by PG as soon as possible, to ensure that you do not experience a disruption in your receipt of the Newsletter. All changes to personal information shall take effect within 5 business days from the date on which PG is notified. PG is not liable for your failure to receive the Newsletter prior to the date on which the change to your personal information takes effect.

8. AGENTNET ACCESS

8.1 This Section 8 (AgentNet Access) shall apply to all AgentNet accounts (for the purposes of this Section 8 (AgentNet Access), the "Account").

8.2 The Account may only be accessed by one user at a time.

8.3 The Account may be transferred to another user (the "Transferred User") during the Validity Period of the Package to which it is associated. You may notify PG of such transfer via such communication methods prescribed by PG. Please ensure that you have provided PG with true, accurate and current particulars of the Transferred User in order for PG to effect the transfer. You understand that if inaccurate, incorrect or insufficient information about the Transferred User has been provided, PG reserves the right not to effect the transfer of the Account.

8.4 You acknowledge that you are fully responsible for:

8.4.1 maintaining the confidentiality of your password; and

8.4.2 all activities that occur under your Account.

8.5 PG reserves the right to access your Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to you.

8.6 Your Account will only be activated when the Package that you have purchased has been fully paid for, and such payment has been verified by PG.

8.7 You understand that the Website may, from time to time, be undergoing maintenance and/or servicing. During such period, the Website and consequently, the Account, will be inaccessible.

8.8 All activities occurring under your Account must be in compliance with the Policy of Acceptable Use and with all applicable laws, rules and regulations.

8.9 PG reserves the right to delete any Listing in your Account that appears to be a test posting, recruitment, false, or otherwise insincere or non-serious Listing, without notice to you.

8.10 PG may, under certain circumstances and without prior notice to you, at its sole discretion, immediately terminate, or suspend for such period as PG may determine, your Account and access to the Products that you have purchased. Cause for termination and suspension shall include without limitation:

8.10.1 breaches or violations of the Purchasing Terms;

8.10.2 request by law enforcement or other government agencies;

8.10.3 self-initiated Account deletions;

8.10.4 infringement of intellectual property rights of others;

8.10.5 discontinuance or material modification to the services of the Website or part thereof;

8.10.6 unexpected technical or security issues or problem; or

8.10.7 extended periods of inactivity.

8.11 Termination or suspension of your Account shall result in:

8.11.1 removal of access to and barring of further use of all offerings of the Website and the Products;

8.11.2 forfeiture of all unutilised parts of the Package that you have purchased; and

8.11.3 deletion of your password and all Account related information, files, and content associated with or inside your Account (or part thereof).

8.12 Termination of your Account shall be without prejudice to any other rights or remedies PG may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

9. TRAINING

9.1 PG will conduct scheduled training sessions on the use of the Account (as defined in Section 8 (AgentNet Access)) which are open to Account users and to persons who are interested in setting up an Account. PG will announce the schedule of training sessions on the Website. The topics covered in the training sessions include, but are not limited to, managing the Account, creating and managing Listings, setting up a website to promote Listings, and other topics. The training sessions will be conducted at such time and place as specified by PG for such purpose.

9.2 Account users or persons (each an “Attendee”) who wish to attend a training session should register with PG for the training session which is of interest. Registration for a training session can be carried out through the Account (for Account users only) or through such other methods as PG may specify from time to time. By registering for a training session, the Attendee agrees to pay the registration fee imposed by PG for such training session. In connection with the setting up of an Account, PG will provide up to 3 training sessions to the Account user at no charge (each a “Complimentary Session”). Unless the Attendee is utilising a Complimentary Session, full payment of the registration fee is required from the Attendee before attendance of the training session.

9.3 If a training session is fully subscribed or is postponed or cancelled by PG, PG will notify the Attendee and at his option, either allow the Attendee to attend the next available training session or refund any registration fee which has been paid. If the Attendee is utilising a Complimentary Session, he may elect to attend another available training session or forfeit the Complimentary Session.

9.4 If an Attendee wishes to withdraw from a training session, PG will refund 75% of the registration fee if written notice of withdrawal is received by PG at least 7 days before the date of the training session. The remaining 25% of the registration fee will be charged by PG as an administration fee. No refund of the registration fee will be made for withdrawals which are notified to PG less than 7 days before the date of the training session. If the Attendee is utilising a Complimentary Session, he will forfeit the Complimentary Session if his withdrawal is notified to PG less than 7 days before the date of the training session.

9.5 If requested, PG may conduct group training sessions for employees and agents of real estate agencies and/or housing developers at such location to be agreed subject to payment of the fees and expenses imposed by PG for such group training sessions.

10. VIRTUAL TOUR VIDEOGRAPHY

10.1 Requests for professional videography services to create an interactive 360-degree virtual tour (“Virtual Tour”) of a property for feature in a Listing (“Services”) can be submitted to PG by email to sales@propertyguru.com.my or through such method as PG may specify from time to time. In submitting a request for Services, please provide the following information:

10.1.1 your name and company; and

10.1.2 the address and floor plan of the property.

10.2 PG may at its sole discretion reject your request for Services if you do not provide the information required by PG.

10.3 Prior to commencement of the Services, PG, through its authorised videographer (“Videographer”), will conduct an inspection of the property in your presence and the presence of the owner of the property. The Videographer will evaluate the property and make his recommendations on the Services to be carried out.

10.4 Upon agreement of the work to be done, you will verify that the specifications and order (“Order”) prepared by the Videographer are correct before PG confirms and accepts your Order. If you cancel the request for Services after the inspection of the property has been carried out, you will be liable for any costs and expenses incurred by PG and the Videographer in carrying out the inspection of the property and/or preparing the Order.

10.5 You may indicate the preferred date(s) for the Videographer to carry out the relevant aspects of the Services which must be carried out in the property, subject to the availability of the Videographer. The Videographer will perform the Services in accordance with the specifications in the Order.

10.6 You shall be responsible for payment of all fees for the Services. PG reserves the right at its sole discretion to require you to make full or partial payment of the fees prior to the provision of the Services.

10.7 All payments for the Services shall be paid by telegraphic transfer to PG, or by any other mode of payment as notified by PG.

10.8 You will be responsible for obtaining the permissions required for PG, the Videographer, and their respective employees, agents or sub-contractors to enter upon the property for the purposes of inspecting the property pursuant to the request for Services and/or carrying out the Services.

10.9 Neither PG nor the Videographer shall be liable for any loss, damage, costs or expenses, arising directly or indirectly in connection with the performance of the Services, including, but not limited to, the failure of the Videographer, its employees, agents or sub-contractors to:

10.9.1 complete the Services in accordance with the specifications in the Order;

10.9.2 complete the Services by the deadline specified in the Order; or

10.9.3 ensure that the property and/or furniture in the property are protected from any damage that may arise from the performance of the Services.

10.10 You represent and warrant that you will:

10.10.1 not use the Services for any purpose, activity, or in any manner that is criminal, illegal or actionable;

10.10.2 not conceal or remove any trademarks, intellectual property rights, or rights management notices that have been placed by PG or the Videographer on the Virtual Tour; and

10.10.3 ensure that all uses of the Virtual Tour shall be in adherence to the Policy of Acceptable Use.