Property Genie

Terms Of Use

1. General Terms Of Use Of The Property Genie Platform

Property Genie Sdn Bhd (Company Registration Number: 1460258-K) (hereafter referred to as "the Company") is the responsible entity for maintaining the Property Genie platform and all related publications on www.propertygenie.com.my.Please be aware that the Company makes no warranty as to the accuracy or reliability of the information contained therein. The Company and its related entities, directors, officers, and agents disclaim all liability and responsibility for any direct or indirect loss or damage that may be suffered by any user relying on anything contained in or omitted from our platform or publications. The term "information" shall encompass, but is not limited to, any content or information generated on our platform by or on behalf of the Company, as well as any Third-Party Content on our website.

2. Acceptance of Terms

By accessing or continuing to access any content or data on the www.propertygenie.com.my platform, including its websites, any subdomains of those websites, mobile sites, apps, APIs, and widgets (collectively referred to as the "Platform" in these Terms), you agree, acknowledge, and confirm that you are bound by these Terms of Use. If you object to any of the terms outlined in our General Terms of Use, Privacy Policy, or other notices on our Platform, you must immediately cease your use of our Platform.

These General Terms of Use, in conjunction with our Privacy Policy, form the basis upon which you may access and use our Platform. We reserve the right to change, vary, modify, and/or alter any of the terms in this General Terms of Use or our Privacy Policy, or other conditions for using our Platform, from time to time. You are responsible for regularly reviewing and understanding the newly published terms or conditions on our website. Your continued use of our Platform constitutes your acceptance of those terms.

By continuing to use our platform, you warrant that you are of legal age and sound mind to access the services/products on our platform. Our platform is not intended for use by individuals who have not reached their legal age (e.g., minors) or persons who are incapable of managing their own affairs or mentally incapacitated.

3. Intellectual Property Rights

All copyrights pertaining to the subject matter on and accessible from our Platform and publications belong to the Company. Any copyrighted material downloaded from our Platform may only be used for private and non-commercial purposes. Written consent from the Company is required for any reproduction or use of www.propertygenie.com.my copyright material other than for private and non-commercial purposes. When reproducing or quoting such material, the copyright owner's name and interest in the material must be acknowledged, either in whole or in part.

4. Warranties and Restrictions on Platform Use

By using and accessing our Platform, you confirm, warrant, and agree that you shall not:

  • Act in violation of any terms of our General Terms of Use or any other conditions imposed by us, or any applicable law.
  • Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our website, except as expressly authorized by us.
  • Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature.
  • Violate the rights of any person, including copyright, trade secret, privacy rights, or any other intellectual property or proprietary right.
  • Pose as any person or entity or attempt to solicit money, passwords, or personal information from any person.
  • Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage.
  • Use or index any content or data on our platform for purposes of:
    • Constructing or populating a searchable database of properties.
    • Building a database of property information.
    • Competing with us in any manner that we have not specifically authorized.
  • Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not.
  • Use our platform or any content from our platform in any manner which is, in our sole discretion, not reasonable and/or not for the purpose for which it is made available.
  • Use any automated device, software, process, or means to access, retrieve, scrape, or index our platform or any content on our website.
  • Use any device, software, process, or means to interfere or attempt to interfere with the proper working of our website.

The Company reserves the right to take any necessary measures to prevent unauthorized access to or use of our Platform, including, but not limited to, instituting technological barriers or reporting your conduct to any person or entity.

5. Publication

Publications on our Platform are of a general nature only and should not be considered as personal advice, financial guidance, or an assessment of your specific needs. You understand that any or all publications or articles on our Platform should not be regarded as advice or relied upon by any other person.

6. Third-Party Content

Our platform contains content provided to the Company by other parties, including any editorial content provided by third-party authors who are not employed by the Company. This content shall be deemed as Third-Party Content (Third-Party Content). The Company is not responsible for, does not endorse, and makes no representations, either expressly or impliedly, concerning Third-Party Content. The Company is not obligated to monitor or make inquiries about any Third-Party Content.

The Company does not warrant that any content, links, or subdomains contained on or associated with our Platform will be valid, available, and/or accessible to you at all times. The path or location of a link or subdomain, or the redirect content contained within a link or subdomain on our Platform, may change without prior notice. Therefore, any links that you share may not remain constant at the time you share them, as they are subject to change.

Prior written consent from the Company must be obtained before creating any links to any content on our platform. In the event of such a link, you shall not:

  • Link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.
  • Present our content in such a way as to imply ownership by you or any entity other than us or our licensors.

We reserve the right to require the removal of an unauthorized link by providing notice to you. The Company shall have complete discretion concerning the exercise of this right, which may be due to the aforementioned circumstances or any other matter or circumstance we consider reasonable.

Advertisements, hyperlinks, and pointers to websites operated by third parties, including but not limited to links to our platform from some of our real estate agency customers, do not form part of our Platform. The Company assumes no risk arising from clicking on or accessing such information or links. The Company does not warrant the accuracy or reliability of the information contained on any third-party websites, and the Company and its related entities, directors, officers, and agents disclaim all liability and responsibility for any direct or indirect loss or damage that you may suffer by relying on anything contained on or omitted from such third-party websites. The display of advertising does not imply an endorsement or recommendation by the Company.

The Company may, at any time and in its sole discretion, without prior notice and/or liability to you, remove, alter, or disable access to any or all of your Contributions (including data, text, video, still images, audio, or other material that the Company has permitted you to host, share, publish, post, store, or upload on our platform). The Company is under no obligation to treat your Contributions as proprietary information.

To the extent that any Contributions are proprietary in nature, you shall automatically grant the Company a worldwide, nonexclusive, royalty-free, perpetual, transferable, and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, display, and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive license to use, reproduce, adapt, translate, distribute, prepare derivative works of, display, and perform your Contributions as permitted by the Company and these terms.

You grant the Company, in respect of Contributions to its website, the right to use your name or the name you submit with the Contribution, and the right to represent and warrant that:

  • You own and control all of the rights to the Contributions.
  • You have the lawful right, including all necessary licenses, rights, consents, and permissions, to use and authorize the Company to display the Contributions.
  • Contributions made by you do not infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees, or other monies payable by reason of any Contributions made by you.
  • Contributions made by you are not misleading or deceptive.
  • Contributions made by you are not materially incorrect.
  • Contributions made by you are not likely to cause offense.
  • Contributions made by you are not obscene.
  • Contributions made by you are not defamatory.
  • Contributions made by you are not otherwise unlawful or encourage unlawful conduct.
  • Contributions made by you are otherwise inappropriate having regard to the purpose of our platform.

9. Property Reports

If you request a property or suburb report or price estimate or report of any form via our platform (Property Report), you consent to the use of your email address for the purposes described in our Privacy Policy.

You acknowledge and understand that all Property Reports are of a general nature only, based on historical data, and will not take into account the potential impact of external factors such as changes in the economy, future planned infrastructure, regulation, environment, or the property market, which may or may not affect the value of the property.

Property Reports should not be regarded as advice or relied upon by you or any other person. In providing a Property Report, we do not act as an agent for you or any real estate professional involved in the preparation of the report. For the avoidance of doubt, indicated sections of Property Reports and sections provided by real estate professionals (including any price estimate) are deemed to be Third Party Content for the purposes of the section immediately above.

10. Platform Providers

Our apps are provided subject to the respective software provider's terms.

  • If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end-user license agreement between you and the Company. The end-user license agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you. You must comply with the Usage Rules in the App Store Terms.
  • Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

11. Further Warranties

You hereby represent and warrant that while using and accessing our Platform, you shall comply with the terms in our General Terms of Use and Privacy Policy and you shall assume all liability for any unauthorized use of your account.

12. Indemnity

You shall fully indemnify and hold the Company and its affiliates, including the Company's and its affiliates' officers, agents, partners, and employees, against any and all loss, liability, claim, or demand, including attorney's fees, arising out of and/or in connection with your use of and access to our Platform.

13. Limitation of liability

IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER TO YOU OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO RINGGIT MALAYSIA ONE HUNDRED (RM100.00) ONLY (or the local currency equivalent).

WE REITERATE, AND YOU ACKNOWLEDGE AND UNDERSTAND THAT ALL INFORMATION ON OUR PLATFORM SHALL NOT BE REGARDED AS A SUBSTITUTE FOR PROFESSIONAL, LEGAL, FINANCIAL, OR REAL ESTATE ADVICE.

14. Responsibility of Third Parties

The Company shall not be responsible for the actions, omissions, or data handling practices of any third party, including agents or developers, once your information has been shared or disclosed to them as part of your engagement on the Platform.

15. Data Sharing Agreement for Users and Agents

By using our platform, you agree and grant Property Genie Sdn Bhd the right to share the data and information you provide on the www.propertygenie.com.my platform within our group, including other users, agents, and developers, for the purpose of enhancing your experience on our platform. This may include sharing property listings, portfolio information, and other relevant data. Property Genie Sdn Bhd shall not be liable for any consequences arising from such data sharing. Any concerns or complaints related to data sharing can be directed to our general line or email address.

By using our Platform, you agree and consent that the details you provide when interacting with our Platform may be collected, stored, and used by the Company for operational, marketing, and retargeting purposes, and may be shared with agents, developers, or other business partners on the Platform where relevant to your property-related interest.

16. Advertising and Promotion

By using our platform, agents agree to allow Property Genie Sdn Bhd to repost their property listings via social media or any other means deemed suitable by Property Genie Sdn Bhd to increase the exposure of their advertisements.

17. Changes to Terms

All terms outlined in these Terms of Use are subject to change without notice. Users and agents are responsible for regularly reviewing and understanding the newly published terms or conditions on our website. Your continued use of our Platform constitutes your acceptance of those terms.

18. Jurisdiction

The usage of our Platform, our General Terms of Use, our Privacy Policy, and all of our legal terms and notices shall be governed by and construed in accordance with the laws of Malaysia, and all shall irrevocably and unconditionally submit to the jurisdiction of the courts of Malaysia.

19. Language

If there is a non-English version of these terms and our Privacy Policy, the English version shall prevail if there is any inconsistency between the English version and any local language version.

For any questions, complaints, or claims, you can contact us at info@propertygenie.com.my