TERMS AND CONDITIONS
By using www.elelong.com.my website ('the Website') you are agreeable to accept and abide by all terms in the User Agreement governing the Website and understand and agree to accept all disclaimers posted on the Website. This disclaimer shall form part and essential terms of the User Agreement.
This T&C governs your access to and use of the services provided by the Company (“Services”) vide the Website owned and/or managed by Elelong Services Sdn. Bhd. (“Elelong”).
By accessing and/or using the Website and/or Services, you are indicating that you have read, understood and agreed to be bound by the terms and conditions contained herein. If you do not agree to any of these terms, you must cease accessing and/or using the Website and/or Services.
You are required to register for an account by providing, amongst others, your name, email address and password. You may be able to access and/or use the Website and/or Services without registration. However, if you choose not to register with us, you may not be able to access and/or use certain part of the Website and/or Services.
You may post an image for the use of your online profile. By submitting such image, you represent and warrant that you are authorised to use such image and such image will not infringe the rights of any party in any way whatsoever, and grants us the non-exclusive and royalty-free right to use such image in perpetuity.
You shall provide us accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the T&C herein, which may result in immediate termination of your account.
In registering an account, you shall not: -
- Select or use a third party’s name with the intent to impersonate that person; or
- Use a username which in our sole discretion deem that such name is offensive, vulgar or obscene.
- We reserve the absolute right to reject registration of, or cancel an account without prior notice and assigning any reason whatsoever. Cause for such rejection/cancellation shall include but not limited to:
- We believe in good faith that your usage of the Website and/or Services violates the terms and conditions contained herein or that has been 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;
- Any other reasons that we shall deem fit and proper for such rejection/cancellation.
You shall be responsible for maintaining the confidentiality of your password at all times.
Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.
The registration of Real Estate Negotiator (REN) code (or equivalent) is compulsory for Real Estate Negotiators, Property Agents or Estate Agents pursuant to Board of Valuers, Appraisers and Estate Agents (BOVAEA) upon setting up an account with us before you are able to utilise the “Post Classified Ads” feature for the purpose of advertising property listings online. Agents who do not register or key in the wrong REN code will risk being fined by Board of Valuers, Appraisers and Estate Agents (BOVAEA) for breaking the law. We will not be held responsible for any claims or liabilities pertaining to this issue. For more information please refer here: http://propertyagent.gov.my/faq-for-the-general-public/.
Use of the Website & Disclaimer
By accessing and/or using the Website, 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, banners, Elelong Support, Elelong Services, articles, tools and widgets;
- search and browse property listings posted in the Website;
- post classified advertisements onto the Website;
- communicate with users of the Website; and
- post information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content").
We do not represent or warrant that:-
- access to the Website or any part of it, will be uninterrupted, reliable or fault-free;
- the Website or any of its contents will be accurate, complete or reliable;
- the service/content/reference material will meet user's requirements.
The Website is provided for your information or reference only to assist you on property/real estate-related matters. It shall not be relied on as professional/legal advice because it is not a substitute for consultation with a professional consultant/practitioner of the relevant field. You are responsible for seeking profession advice and/or consultation to verify the accuracy or reliability of the contents made available in the Website.
Any links to other websites found in the Website are provided for users' convenience only. the Website, its owners/managers do not guarantee the credibility/accuracy of any information available through the links users will find at the Website. Website display property listings and classified advertisements from third parties. All information associated with property listings and classified advertisements are provided on “as is where is” basis. We do not in any way endorse any property listings and classified advertisements. Your dealings or communications with, the companies or businesses or individuals, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such company or business or individual. The Website, its owners/managers shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such information/content, goods or services available on or through any such sites.
We reserve the right to amend any information provided for print publication to rectify any errors (such as typographical and grammar errors) and inaccuracies or remove any listings that is inappropriate or is in breach of the T&C.
User are to take into account that transmissions on the Internet are not conclusively confidential. Any information that user are transmitting are therefore transmitted at user's own risk.
Take note that NO information/content found at the Website, in the database or in the responses from contributors shall bound the Website, its owners/managers in whatsoever manner. It is the users' sole responsibility in taking necessary steps to ensure accuracy/credibility of any information obtained herein before relying upon or acting upon such information.
Prospective Bidders are advised to obtain a copy of terms and conditions of the sale and to inspect the property and conduct and rely on their own searches, enquiries, investigations and verifications on the accuracy and correctness of the particulars and information provided and to seek their own professional advice in regard to the sale.
The Website makes no representation or warranty whatsoever as to the accuracy or the actual condition of the above property(ies) nor the particulars of such property(ies). All prospective bidders should also note that any property(ies) listed as available for the auction sale herein is subject to terms and conditions of sale for the specific auction property (which has been or will be advertised accordingly or will be made available upon request, as the case maybe) and that any of the above property(ies) may at any time be withdrawn from the auction sale in the Website absolute discretion without any prior notice being given and for any reason whatsoever. The Website makes no guarantee that the property(ies) will be sold/auctioned at the minimum price indicated as the same is subject to the bid of a higher price made by the interested bidder(s) and such auction price is also subject to change at any time at the absolute discretion of the Website without any prior notice and without any reason given. The decision of the Website in relation to the proposed sale is final and shall not subject to challenge. Neither shall we, the Website nor its Agents be held liable for the contents herein in any manner whatsoever under any circumstances including but not limited to withdrawal of property(ies) from auction sale.
The outcome from using our loan profile services is subject to the bank’s final approval and the information provided by the customers. We cannot be held responsible if our customers fail to obtain bank loan due to withholding of information from the customer.
Any material downloaded or otherwise obtained through the use of the Website is done at user's own discretion and risk, and it shall be user's sole responsibility in case of any direct or incidental damage or loss suffered as a result thereof.
The photographs shown herein are solely for general identification and information. the Website makes no representation or warranty as to the accuracy or the actual condition of the property(ies) nor to the particulars or details therein including but not limited to the postal address, description of property, reserve price, etc. We, the Website nor our agents shall not liable for any liability whatsoever to prospective bidders by whatever reason(s) and not limited to any inaccuracy or withdrawal of the said property(ies).
No advice or information, whether oral or written, obtained by user from the Website, its employees or agents shall create any warranty not expressly stated in the User Agreement.
Any decision made in relation to sale or purchase or investment transaction is made at user's sole discretion and responsibility.
Where so permitted by applicable law, these disclaimers shall be absolutely enforceable.
Listings and Advertising Rules
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 organisation. Such property listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any relevant trade organisation, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person.
You must have the authority to market the property and/or publish property listings/advertisements on our Website. If you are listing a property, the listing shall not:-
- contain information that is deemed 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 homeowners and property developers;
- advertise a price different than the agreed price between the owner and yourself;
- be listed as available but is in fact no longer available for sale or rent;
- contain information about neighbours or other information that would potentially be viewed as an invasion of privacy;
- be more than one unit per listing - 1 unit per ad. Generalizing multiple projects into one listing is forbidden and will be removed immediately;
- have any contact details other than the registered advertising Agent's contact details as per account registration;
- be in foreign languages other than English. Foreign language listings should have a complete English translation of the ad or it will be removed immediately;
- contain spamming of ads and keyword, including duplicate listings, repeated messages/keywords are forbidden. Duplicate listings and repeating of keywords will be removed immediately and can lead to account suspension;
- contain unauthorised overseas property listing;
- infringe the rights of any third party and violate any law, and all content submitted by you does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and rights of privacy and there shall not be contained in or incorporated into the content and each and every part thereof provided and to be provided by you hereunder, anything which would infringe or misappropriate any patent, mask work, design, copyright, trademark, trade name, service mark, database right, any application for any of the foregoing, moral right, trade secret right, any other personal or proprietary right, or any publicity or privacy right of any third party and no third party shall have any right to assert any claim of ownership or for infringement or misappropriation of any intellectual property right as to any portion of the content, in particular, that you have not used photographs provided by other users of the Website or includes the name of any of Elelong's competitors;
- be disparaging or prejudicial to or shall negatively affect Elelong, its reputation, and/or the exploitation of Elelong’s business;
- contain materials which belong to third parties including pictures belonging to another; and
- be duplicated in another property listing on the Website.
You understand that the placement, positioning and presentation of an Advertisement/Listing is at the sole and absolute discretion of Elelong, and that Elelong, in its sole and absolute discretion, may from time to time change how the Advertisement/Listing is placed, positioned and presented. You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is published or repeated. Elelong 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.
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.
You shall only upload photographs of the said property showcasing the interior, exterior and/or the surroundings of the said property.
Elelong will always co-operate with authorities to help resolve any suspected illegal activities. To preserve the trust of our users, Elelong reserves the right to suspend any agent convicted of illegal activities - even if it is not related to use of Elelong.
Agent Account and Profile
Strictly no sharing of account. Account is for one salesperson/agent use only - any reference to multiple persons or teams is not allowed in key information - name, agent photo, phone number. If you would like to register as a group/agency/representing specialist kindly email us at: firstname.lastname@example.org.
Account name should be the agent's registered name as a real estate salesperson. It should not include agency name/specializing areas/multiple agent names.
Agent is responsible for keeping his account and profile details up-to-date. Contact and agency information should be accurate and updated at all times.
Mobile and alternate phone numbers should both belong to the registered agent where he/she can be reached at. An alternate number should not be another agent's number (eg. Co-broking, partner, mentor, etc.) that is not registered to the account.
Using somebody else's photo as a profile photo is absolutely forbidden.
Agent profile photo should be a facial photo of the registered agent, equivalent to that of a passport photo or the facial photo used in agent's name cards.
Logos and/or symbols are not allowed to be used as agent profile photo and will be removed.
Agent profile is not allowed to have any links to other than Agent's personal website where the advertised property can be found.
Credits, Payment and Refund Terms
You may purchase or be rewarded with credit(s) for use in the Website (“Credits”). Credits may be used for, amongst others, to be an area / development specialist, upgrade property listing to be pushed to the top of search list of the Website, and to feature classified listing on the Website. The pricing of credits by Elelong and quantity of credits that may be used for a particular Product may be dynamically varied by Elelong at its sole and absolute discretion, depending on various factors, which include but are not limited to the type of features and/or listings for which the credits may be used, timing, sale and/or Purchase location, and your location, amongst other factors as may be determined by Elelong in its sole and absolute discretion. Elelong reserves the right to vary the pricing, quantity, and type of credits that may be used to offset the fees payable for a certain Purchase during the period of its validity at its sole and absolute discretion and such variation shall come into effect immediately and without prior notice and/or reference to You. You shall not be entitled to any compensation from Elelong 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 Elelong or purchased by You from Elelong.
Each respective Product may entitle you to specified types and quantities of add-ons, features, services, and/or other Products from Elelong, which may be offered to you by ELELONG in addition and/or ancillary to your Purchase of a particular Product, at Elelong’s sole and absolute discretion. Notwithstanding any other provision in these Terms of Purchase, Elelong reserves the right to change the types and quantities of such add-ons, features, services, and/or other Products at any time during the Validity Period. You shall not be entitled to exchange or substitute any Product which you have purchased with another Product.
Upon the expiry of the Validity Period, in the event that you have not fully utilised the Product that you have purchased, Elelong shall, unless otherwise specified in writing, forfeit the unutilised portion of such Product without any notice to you. You shall not be entitled to any refund for any unutilised portion or compensation from ELELONG as a result of such forfeiture.
You are not to use the Product in any way that adversely prejudices and/or harms Elelong or any customer of Elelong or the Product or other users.
Elelong reserves the right to revise the Price of any of its Products at any time and without prior notice to you.
Payments are accepted through the following methods:
- Credit card/debit card
- Online bank transfer
- Cheque payment
Payment must be made in Malaysian Ringgit (RM) and exclusive of Sales and Services Tax.
We shall have no liability for transactions which are incorrect as a result of inaccurate data entry in the course of the use of the Services or for loss of data or information caused by factors beyond our reasonable control.
In the event that You have made the Purchase from an authorised sales agent of Elelong, please ensure that the authorised sales agent has issued You with an invoice upon making the necessary payment. Elelong shall not have the obligation to entertain any claims that are not supported by an invoice.
In the event that You fail to make payment of any fees due under the Purchasing Terms, You understand that Elelong shall be entitled to take such steps against You to recover any fees owed to Elelong at its sole and absolute discretion, including but not limited to commencing legal proceedings against you for the recovery of the same. You agree to indemnify and hold harmless Elelong against all costs and expenses, including legal fees, which Elelong may reasonably incur in the taking of such steps.
An Agent may cancel a subscription for a Product by notifying Elelong of the cancellation by written notice, specifying details on (1) the method of refund and (2) Your details that are required for Elelong to process the refund (including but not limited to bank account number (if the refund will be processed by way of telegraphic transfer) or payee and method of postage (if the refund will be processed by way of cheque).
Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current. You agree that Elelong shall not be responsible for any loss or damages incurred by you as a result of Elelong’s inability to make a refund because of incorrect information provided by you.
You understand that all Content, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated.
We do 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 Website. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, 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 Website, 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, and that you have the right to use and/or display the Content via the Website;
- 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, trademark, patent or right of privacy;
- You and/or your Content, and your usage, storage, reproduction and display of the Content on the Website 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;
- Your Content is not in violation of any applicable laws.
You hereby agree to accept our Confidential Information (as hereinafter defined) which we disclosed or made available to you on a confidential basis in accordance with the confidentiality provisions set out in this T&C.
For the purposes of this T&C, "Confidential Information" means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information which we disclose or make available to you.
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 us.
You acknowledge, consent and agree that we 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: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.
Limitations of Liability & Indemnification
You expressly agree that we, our 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 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 Website and/or 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 Website; 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 Website, or with any of these terms, you shall discontinue your access and/or use of the Website and/or Services immediately. We shall not be liable for such discontinuance and/or use and/or access of the Website 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 pretences or in a manner that infringes the rights of any person.
You must ensure that your access to the Website 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 Website 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 Website and/or any linked website.
You agree to indemnify and keep us fully indemnified against any claim or demand, including solicitors' fees, made by any third party due to or arising out of:
- the publication of your classified advertisement/listing;
- the content of your classified advertisement/listing;
- any material, product or service provided by you, to which members of the public (including users of the Website) 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.
Our Intellectual Property Rights
You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Website and Services, and that you will not acquire any rights, titles, or interests in or to the Website 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 our Services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Website or proprietary information related thereto.
You will not remove, obscure, or alter our copyright notice, Brand Characteristics (as defined below), or other proprietary rights notices affixed to or contained in the Website.
"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 our trade names, trademarks, logos, domain names, and any other brand characteristics (collectively, "Brand Characteristics")shall subject to our prior written approval and you agree not to:
- Display the Brand Characteristics as the most prominent element on your web page;
- Display the Brand Characteristics in any manner that implies a relationship, affiliation or endorsement by us that can suggest the editorial content of the web page represents our views or opinions and our staff;
- Display the Brand Characteristics on any web page that contains or displays adult content, promotes gambling, or otherwise violates applicable law;
- Display the Brand Characteristics in a manner that is in our sole opinion misleading, defamatory, obscene, infringing or otherwise objectionable by us;
- Remove, distort or change any element of the Brand Characteristic; and
- Do not use our trademarks in a manner which will dilute their distinctiveness. Do not use any of our trademarks as a verb. And don’t pluralize them either. Also do not combine your name with our trademarks.
Third Parties Sites
The Website may contain links to third-party Websites ("Third-Party Sites"). You use and/or access to Third-Party Sites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Sites. We provide 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.
Termination of Account
We may forthwith terminate your access to any and all part of the Website at any time, with or without cause. You may terminate your use of the Website at any time provided that such termination shall not affect or prejudice our 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 Website will be terminated immediately;
we reserve the right to permanently dispose and/or delete all data/information stored/held in the Website without further reference to you; and
we may forfeit all your credits and points.
In addition thereto, you are not entitled to any compensation or indemnity as a result of the termination of in accordance with the terms contained herein. Any termination shall be without prejudice to any other rights or remedies which we may have against you in respect of any breach or non-performance or repudiation of any of the provisions contained herein which shall have occurred prior to such termination shall not be affected or prejudiced and all rights of termination under this Agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this T&C.
This T&C will be governed by the laws of Malaysia and you agree that any dispute or claim between you and us will be adjudicated in the courts of Malaysia. Any claim against us arising from the use of the Website 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.
If any of part of this T&C is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this T&C will not be affected.
We reserve the right to change the T&C herein from time to time. We may change any or all aspects of Services provided by the Website at any time and without notice. Any changes to the T&C will be uploaded onto Terms and Conditions and therefore, you are encouraged to check/visit Terms and Conditions from time to time. Nothing in this T&C will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
Your continuance use of and/or access to the Website and/or Services following such change constitutes your acceptance of the revised T&C.