Disclaimer

Contractual Terms of Use of the 1Balcony platform.
If you browse or otherwise access any content or data on the 1Balcony platform (including its website, mobile site or apps), you agree to be bound by these Terms of Use.

These Terms of Use and our Privacy Policy form the basis on which you may access and use our platform, including its websites, any subdomains of those websites, mobile sites, apps, APIs and widgets (together called “our platform” in these terms).
We reserve the right to change any or all of our Terms of Use or other conditions for using our platform at any time by publishing the new terms or conditions on our website. Your use of our platform constitutes your acceptance of those terms. Should you object to any of our Terms of Use or other notices on our platform your sole option is to immediately cease your use of our platform.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Information on our platform and in any 1Balcony publication should not be regarded as a substitute for professional legal, financial or real estate advice.
1Balcony Sdn Bhd (the Company) is responsible for maintaining our platform and all 1Balcony publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of the Company, and any Third Party Content on our website) and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.

Copyright
The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Malaysia Copyright Act 1987, the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of 1balcony.com copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third party websites do not form part of our platform and are not under the control of or the responsibility of the Company. When you link to those websites you leave our platform and do so entirely at your own risk. The Company and its related entities make no warranty as to 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 which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by the Company.

Third Party Content
Our platform contains content provided to the Company by other parties (Third Party Content). the Company does not have a practice of monitoring or making inquiries about Third Party Content. The Company is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of the Company. You rely on Third Party Content completely at your own risk.

Platform providers
Our apps are provided subject to the platform or software provider’s terms.
(a) Apple
If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and the Company. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone or iPad that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:

  • the Company (not Apple) is solely responsible for the app and its contents; and
  • Apple is not required to provide maintenance or support services for the app.

If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
We are (and Apple is not) responsible for:

  • addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
  • investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims you can contact us at feedback@1balcony.com, via the ‘feedback’ option on the app Settings menu or by calling 603-6419 5166
To the extent permitted by local applicable laws, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
(b) Android
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.

Editorial content
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.

Further warranties
You represent and warrant that:

  1. your use of our platform will comply at all times with these terms and any directions we make to you in relation to your use of our platform from time to time;
  2. you will make sure that you keep your username and password by which you access 1balcony.com confidential and secure at all times; and
  3. you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to the Company.

Indemnity
You agree to indemnify and hold the Company and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our platform or making Contributions not in accordance with these terms.

Limitation of liability
Certain rights and remedies may be available under consumer protection legislations of Malaysia and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST 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 THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF REA GROUP LTD AND 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 USD$100.00 (or local currency equivalent).

Jurisdiction
Your use of our platform, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Malaysia.
By using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of Malaysia.