PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VISITING/ACCESSING OR USING THE PORTALS OR SERVICES AS THEY CONTAIN BINDING LEGAL TERMS. BY VISITING/ACCESSING OR USING ANY AND/OR ALL OF THE PORTAL(S) OR SERVICE(S), YOU ARE DEEMED TO HAVE FULLY READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS AS MAY BE AMENDED BY US FROM TIME TO TIME.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, YOU MUST CEASE VISITING/ACCESSING OR USING THE PORTALS OR SERVICES.
Terms and Conditions of Use (hereinafter referred to as “T&C”) for services provided by StarProperty Sdn. Bhd. (Company No. 708369-V) (hereinafter referred to as the “Company”).
These T&C governs your access and/or use of the services provided by the Company (hereinafter referred to as the “Services”) vide the portal (www.starproperty.my) and mobile applications (StarProperty and StarProperty Connect) owned and/or managed by the Company (hereinafter collectively referred to as the “Portals”).
If you are an individual, you must be at least 18 years of age, or of legal age as specified by the laws of Malaysia from time to time, in order to use the Portals and/or Services. The Company disclaims responsibility of any contractual obligation made with a minor.
Restrictions on Use of Services and/or Portals
In accessing or using the Services and/or Portals, you agree that you shall not :
Use any automated device, software, process or means to access, retrieve, scrape, or index the Portals or any contents made available therein;
Use any device, software, process or means to interfere or attempt to interfere with the Portals working properly;
Undertake any action that, which the Company deems will impose a burden or cause excessive traffic demands on the Company’s infrastructure or disproportionate the usage of the Portals;
Use or index any content or data from the Portals for purposes of:
Constructing or populating a searchable database of properties; or
Building a database of property information; or
Setting up a property listing portal which in the Company’s opinion will be in competition with the Portals and/or Services.
Transmit spam, chain letters, junk email, surveys or other mass messaging, whether commercial in nature or not;
Use the Portals or any content contained therein in any manner which in the Company’s sole discretion, is deemed to be not reasonable and / or not for the purpose which it is made available;
Violate the rights of any person, including copyright, trade secret, privacy right 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;
Violate any terms contained herein or any applicable law;
Reproduce, republish, retransmit, modify, adapt, reverse engineer, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Portals or any content contained therein without the Company’s approval;
Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature through the Portals;
Attempt to gain unauthorized access to the Portals or its related systems or networks.
The Company reserves the right to exercise whatever means that it deems necessary and appropriate to prevent unauthorised access to or use of the Portals, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity or authorities.
Registration
You are required to register for an account by providing, amongst others, your full name (as appeared in NRIC/passport), mobile phone number and email address. You will need to provide a unique username and password in order to complete the registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account.
You agree to:
Provide true, accurate and complete information for registration purposes;
Maintain and promptly update such registration information to keep it accurate, current and complete; and
You should not use another user’s account without permission.
If you provide any information that is untrue, inaccurate or incomplete, or if the Company suspects that such information provided by you is untrue, inaccurate or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Portals and/or Services.
You may be able to access and/or use the Portals and/or Services without registration. However, if you choose not to register with the Company, you may not be able to access and/or use certain part of the Portals and/or Services.
You may use an image as your account profile picture. By submitting such image, you represent and warrant that you are authorized to use such image and such image will not infringe the rights of any third party in any way whatsoever, and grant the Company an irrevocable, perpetual, world-wide, royalty free licence to commercialise, copy, licence to third parties, use and/or adapt for any purpose related to the Company’s business;.
In registering an account, you shall not: -
Select or use a third party’s name and/or any personal particulars of a third party; or
Use a username which the Company deems offensive, vulgar or obscene.
The Company reserves the absolute right to reject registration of, or cancel an account without prior notice. Cause for such rejection/cancellation shall include but not limited to: -
The Company believes in good faith that your usage of the Portals and/or Services violates the T&C contained herein or that your usage is alleged to infringe any intellectual property;
You impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
You interfere with or disrupt the Services or another person's use of the Services.
The account is personal to you and cannot be shared or transferred to any third party.
The registration of Real Estate Negotiator (REN) code (or equivalent) is compulsory for real estate negotiators, property agents and estate agents who are registered with the Board of Valuers, Appraisers and Estate Agents (BOVAEA) upon registration before utilizing the “Post Classified Ads” feature for the purpose of advertising property listings on the Portals. Users who do not register or key in the wrong REN code will run the risk of being fined by the Board of Valuers, Appraisers and Estate Agents (BOVAEA). The Company will not be held responsible for any claims or liabilities resulting therefrom.
Use of the Portals and/or Services & Disclaimer
By accessing and/or using the Portals and/or Services, you may, amongst others:-
Access to a variety of real estate related products and services such as real estate listings and related information, mortgage related information, real estate professional profiles, advertisements, user discussions, articles, tools and widgets;
Search and browse property listings posted on the Portals;
Post classified advertisements onto the Portals;
Communicate with other users of the Portals; and
Post information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials (hereinafter collectively referred to as the "Content").
The Company does not represent or warrant that:-
Access to the Portals or any part thereof will be uninterrupted, reliable or fault-free; and
The Portals or any of the contents made available therein will be accurate, complete or reliable. You are strongly encouraged and shall be responsible to seek professional advice and/or consultation to verify the accuracy or reliability of the contents made available on the Portals. Use of the contents posted on the Portals is at your own risk and you are solely responsible for all damages and/or losses resulting there from.
The Company reserves the right to amend any information provided for print advertisement in “Star Classifieds” section in The Star newspaper to rectify any errors (such as typographical and grammar errors) and inaccuracies and/or remove any advertisement that the Company deems inappropriate/inaccurate or is in breach of the T&C.
All information associated with property listings and classified advertisements are provided on “as is where is” basis. The Company does not in any way endorse any property listings and classified advertisements.
The Company takes no responsibility and assumes no liability for any property listings or classified advertisements displayed/posted on the Portals or for the accuracy of any information contained therein or associated therewith.
Your dealings or communications with, the companies or businesses or individuals, and any terms, conditions, warranties or representations associated with such dealings or communications, are solely between you and such company or business or individual. The Company shall not be held responsible or liable in any way whatsoever for any loss(es) and/or damage(s) of any sort incurred as the result of any such dealings/communications or as the result of property listings and advertisements appearing in the Portals.
Listings and Advertising Rules
You acknowledge and agree that: -
You must ensure that your property listing and advertisements comply with all applicable laws, statutes, regulations, industry code of conduct or guidelines issued by any relevant authority and/or trade organization. Such property listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any authority or relevant trade organization, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of the Company or of any other person.
You must have the authority to market the property and/or publish the property listing. If you are listing a property, the property listed shall not:-
Contain information that is false, illegal, inaccurate, misleading, misrepresenting and/or untrue in regards to of any such information;
Be posted without the owner’s consent, which may include but not limited to individuals and/or private owners and property developers;
Advertise a price which differs from the agreed price between the owner/property developer and yourself;
Be listed as available but is in fact no longer available for sale or rent;
Contain information about neighbors or other information that would potentially be viewed as an invasion of privacy;
Contain materials which belong to third parties including pictures belonging to another; and
Be duplicated in another property listing on the Portals.
You shall not misuse the personal data obtained or generated from your property listings or advertisements and shall at all times ensure that you are in compliance with the Personal Data Protection Act 2010 of Malaysia.
You shall only upload photographs of the said property showcasing the interior, exterior and/or the surroundings of the said property. Your photograph will be automatically modified by the Company by inserting your contact details.
Irrelevant photographs are strictly prohibited, including but not limited to company logo, customized photo, pictures of a gavel, for sale signboards, unique selling point propositions, placing borders and images from magazines. The Company does not allow any watermarks on the photographs (including third parties’ logo, name, phone number, email and Unique Selling Point (USP)). Should you upload such photograph, the Company reserves the right to remove the said photograph without prior notice.
You are solely responsible for the content of your listing and any errors or omissions in your advertisement materials.
You acknowledge that the Company’s role is one of facilitator only and the Company shall not be held liable for any claims made by you or third parties arising from the publication of your content/property listing/advertisement and there shall be no refund for any property listing/ advertisement removed from the Portals due to a breach of the T&C.
Credits and Payment Terms
You may purchase or be rewarded with credit(s) for use in the Portals (hereinafter referred to as “Credits”). Credits may be used for, amongst others, purchase leads, to be an area / development specialist, upgrade property listing to be pushed to the top of search lists of the Portals, to advertise in “Star Classifieds” section in The Star newspaper and to feature classified listing on the Portals. All Credits purchased or rewarded cannot be cancelled or exchanged for cash and you are not entitled to any form of refund for any unutilized Credits forfeited by the Company after the respective Validity Periods as set out in Clause 5.7 herein below.
Payments are accepted through the following methods:
Credit card/debit card
Online bank transfer to the bank account with the following details: -
Bank: Standard Chartered Bank
Account Name: StarProperty Sdn Bhd
Account Number: 312193768028
Cheque payment made payable to “StarProperty Sdn Bhd”
Payment must be made in Malaysian Ringgit (RM) and you shall be liable for payment of service tax under the Service Tax Act 2018.
A certificate signed by an officer of the Company shall be conclusive evidence as to any amounts owing under or in respect of the Services (save for demonstrable error).
The Company will not be held liable for any additional interest or fee charged by bank/financial institution/payment gateway service provider for any transaction/administrative fee. Please check with your bank/financial institution/payment gateway service provider for details.
Upon successful processing of your payment, the Company will send you an email for confirmation. If you do not receive an email confirmation within the next twenty four (24) hours from the time of payment, please contact +603 7967 1388 (ext 1105) / +603 7967 1388 (ext 1238) or email to support.starproperty@thestar.com.my.
The Company shall not be held responsible for any incorrect transaction transacted on the Portals as a result of inaccurate data entry or loss of data or information caused by factors beyond the Company’s reasonable control.
The amount of the packages will determine the validity periods for the utilization of the Credits, details set out below (hereinafter referred to as the “Validity Period”):-
Amount (RM) of the Package
Validity Period
Below RM550.00
6 months from the date of purchase
RM550.00 & above
12 months from the date of purchase
License
You understand that content, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such content is originated.
The Company does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in the Content which you submit, post, upload or display onto or through the Portals. When you submit, post, upload or display Content, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, unconditional and non-exclusive license to use, exploit and archive the Content in accordance with or as reasonably contemplated by this T&C.
When you post, submit, or upload Content onto the Portals, you represent and warrant that:
you own all copyright in and to the Content, or if you are not the owner, that you have express permission from the owner to use the Content for the purpose stated herein, and that you have the right to use and/or display the Content via the Portals;
you and/or your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
you and/or your Content, and your usage, storage, reproduction and display of the Content on the Portals will comply with any and all applicable law, rules and regulations;
your Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, products, services, schemes or promotions; and
your Content is not defamatory or in violation of any applicable laws.
Authorized Service Providers
“StarProperty” mobile application and “StarProperty Connect” mobile application are provided for downloading at the respective authorized service providers only (i.e.: Apple Inc, Google LLC and Huawei AppGallery). Your usage of the “StarProperty” mobile application and/or “StarProperty Connect” mobile application must strictly be in compliance with the terms of this T&C and the respective end user license agreements.
Privacy
Please refer to the Company’s Privacy Policy at “https://www.thestar.com.my/privacy/” to view the terms regarding the use of your information.
Confidentiality
You hereby agree to accept the Confidential Information (as hereinafter defined) which the Company disclosed or made available to you on a confidential basis in accordance with the confidentiality provisions set out in Clause 9 of this T&C.
For the purposes of this T&C, "Confidential Information" means any information disclosed or made available to you by the Company, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within the Company’s reporting systems and other performance metrics and any other technical or programming information which the Company discloses or makes available to you in the course of performance of the Services.
However, Confidential Information does not include information that:
is or becomes publicly known and generally available other than by breach of this T&C; or
was already in your possession (as documented by written records) without confidentiality restrictions prior to receiving it from the Company.
You acknowledge, consent and agree that the Compony may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:-
comply with legal process;
enforce this T&C; or
respond to claims that any Content violates the rights of third parties; or
respond to your requests for customer service; or
protect our rights, property or personal safety, our users and the public.
Messaging Services
The Portals may allow you to send messages to other users (hereinafter referred to as the “Messaging Services”). Please note that the Messaging Services consist of “General Message” and “Private Message” functions. If you wish to receive further information from other users, please opt for “General Message” function.
Limitations of Liability & Indemnification
You expressly agree that the Company , its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be held liable for any loss of profits, data or for any other direct or indirect, special, incidental, punitive, consequential damages or other intangible losses, however caused, and under whatever cause of action for any liability , even if we have been advised of the possibility of such damages, resulting from: -
your access to or use of or inability to access or use of the Portals and/or Services;
Services;
any conduct or content of any third party on this Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
any Content and/or information obtained from the Portals; and
unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), whether or not we have been informed of the possibility of such damage.
If you are dissatisfied with any aspect of the Portals, or with any of these terms, your sole and exclusive remedy is to discontinue your access and/or use of the Portals and/or Services. This limitation of liability shall apply to the maximum extent permitted by law.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
You must ensure that your access to the Portals and/or usage of the Services is not illegal or prohibited by any and all applicable laws.
You must take your own precautions to ensure that the process that you employ for accessing and/or using the Portals and/or Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Portals and/or Services and/or any linked website.
You agree to indemnify and keep the Company, its officers and employees fully indemnified against any claim or demand, including solicitors' fees, made by any third party due to or arising out of:
the uploading of your classified advertisement/listing;
the content of your classified advertisement/listing;
your Content;
any material, product or service provided by you, to which members of the public (including users of the Portals) can access through your classified 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
your violation of any term of this T&C.
Intellectual Property Rights
You acknowledge that the Company owns all Intellectual Property Rights (as defined below), in and to the Portals and Services, and that you will not acquire any rights, titles or interests in or to the Portals and/or Services except as expressly set forth in this T&C.
You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of Portals and/or Services, software or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portals and/or Services or proprietary information related thereto.
You will not remove, obscure or alter the copyright notice, Brand Characteristics (as defined below) or other proprietary rights notices affixed to or contained in the Portals and/or Services.
"Intellectual Property Rights" means any industrial and intellectual property rights throughout the world and for the duration of the rights including:
any patents, copyright including future copyright, registered or unregistered trademarks or service marks, trade names, brand names, registered or unregistered designs, commercial names, circuit layouts, database rights;
methods, trade secrets, know-how, computer software, confidential information and scientific, technical and product information;
the right to apply for any industrial and intellectual property rights; and
any other similar or analogous rights and any intellectual or industrial rights whether now existing or which come into existence in the future.
Any use of the Company’s trade names, trademarks, logos, domain names, and any other brand characteristics (collectively, "Brand Characteristics") is strictly prohibited
Notifications
As part of the Services provided herein, the Company will send emails to notify you on the on-going activities to be carried out on the Portals or to inform you about new products and/or services provided by the Company and/or its holding company or affiliates. Please visit the Company’s Privacy Policy at https://www.thestar.com.my/privacy/ which is formulated in accordance with the Personal Data Protection Act 2010 to understand how your information is collected and used and your choices with respect to your data.
Third Parties Sites
The Portals may contain links to third-party web sites (hereinafter collectively referred to as the "Third-Party Sites"). You use and/or access Third-Party Sites at your own risk. The Company does not monitor or have any control over, and make no claim or representation regarding Third-Party Sites. The Company provides these links only as a convenience, and a link to a Third-Party Site does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site.
The Company does not control and shall not be held responsible for any of these Third Party Sites or their content.
The Company does not allow unauthorized hypertext links to the Third Party Sites
Termination Of Account
The Company may forthwith terminate your Account and/or access to the Portals at any time, with or without cause. You may terminate your Account at any time provided that such termination shall not affect or prejudice the Company’s rights which have accrued prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.
Effects of Termination
In the event of termination, :-
your access to the Portals will be terminated immediately;
the Company reserves the right to permanently dispose and/or delete all data/information stored/held in the Portals and/or Account without further reference to you; and
the Company may forfeit all your Credits.
In addition thereto, you shall not be entitled to any compensation or indemnity as a result of termination in accordance with the terms contained herein..
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this T&C.
Disputes Resolution
This T&C will be governed by the laws of Malaysia and you agree that any dispute or claim between you and the Company will be adjudicated in the courts of Malaysia. Any claim against the Company arising from the use of the Portals and/or Services shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
Invalidity
If any of part of this T&C is unenforceable (including any exclusion of the Company’s liability), the enforceability of any other parts of this T&C will not be affected.
Modification
The Company reserves the right to change/amend/modify the T&C herein from time to time. The Company may change any or all aspects of the Services provided by the Portals at any time and without notice. Any changes to the T&C will be uploaded onto https://www.starproperty.my/terms-and-condition and therefore, you are encouraged to check/visit https://www.starproperty.my/terms-and-condition from time to time. Nothing in this T&C will constrain how the Company operates its business. You shall be responsible for reviewing and becoming familiar with any such changes.
Your continuance use of and/or access to the Portals and/or Services following such change constitutes your acceptance of the revised T&C.