Legal
Terms of Service
Please read these Terms carefully before using the Dourr platform. By accessing or using Dourr, you agree to be legally bound by these Terms.
Effective date:
1. Acceptance of Terms
By accessing, browsing, or using the Dourr platform ("Platform", "we", "us", or "our"), you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform. These Terms constitute a binding legal agreement between you and Dourr. Your continued use of the Platform following the posting of any changes to these Terms constitutes your acceptance of those changes.
2. Nature of the Platform and Intermediary Status
- Dourr is a technology-enabled marketplace that facilitates connections between property listers ("Listers") and prospective renters ("Renters") in Malaysia.
- Dourr is not a real estate agent, property agency, landlord, tenant, lessor, or lessee, and does not act as a party to any tenancy, lease, or rental agreement between Listers and Renters.
- Dourr does not own, manage, operate, or control any of the properties listed on the Platform.
- Any tenancy agreement, rental arrangement, or related contract is entered into solely and directly between the Lister and the Renter. Dourr bears no responsibility, liability, or obligation under any such agreement.
- Dourr does not verify the legal title, ownership rights, habitability, condition, or suitability of any listed property. Users are solely responsible for conducting their own due diligence prior to entering into any rental arrangement.
- Dourr operates as an intermediary platform and is not subject to the Housing Development (Control and Licensing) Act 1966 or the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 in respect of listings facilitated through the Platform.
3. Eligibility and User Accounts
- You must be at least 18 years of age and legally capable of entering into binding contracts under Malaysian law to register an account on the Platform.
- By registering, you represent and warrant that all information you provide is accurate, current, complete, and not misleading, and that you will maintain and promptly update such information as necessary.
- You are solely responsible for maintaining the strict confidentiality of your account credentials, including your password. You agree not to share your credentials with any third party.
- You may not create an account on behalf of another individual or entity without express written authorisation from that party.
- You are fully responsible for all activities that occur under your account, whether or not authorised by you.
- You must notify Dourr immediately at [email protected] upon becoming aware of any unauthorised access to or use of your account.
- Dourr reserves the right to suspend, deactivate, or permanently terminate any account at its sole discretion, with or without notice, where a breach of these Terms is suspected or confirmed.
4. Lister Obligations and Listing Standards
- Listers represent and warrant that they hold the legal right, title, or authority (including written consent from the property owner where applicable) to list the property and offer it for rental.
- All listing information, including property descriptions, photographs, rental rates, available dates, and amenities, must be accurate, complete, truthful, and not misleading at the time of publication and throughout the listing period.
- Rental rates must reflect the genuine and current market asking price. Misleading pricing, bait-and-switch tactics, or artificially low introductory rates intended to attract inquiries are strictly prohibited.
- A minimum of one (1) clear and accurate photograph of the property is required to publish a listing. Images must represent the current condition of the property.
- Listers must respond to all legitimate inquiries in a timely and professional manner. Persistent non-response may result in listing suspension or account termination.
- Listers are responsible for ensuring their listings comply with all applicable Malaysian laws and regulations, including tenancy laws, local authority by-laws, strata management rules, and any applicable housing regulations.
- Listers must promptly update or remove listings where the property is no longer available for rent, has been rented out, or where any material information has changed.
- Dourr reserves the right, at its sole discretion and without prior notice, to edit, suspend, or permanently remove any listing that violates these Terms, is reported by users, or is deemed contrary to the interests of the Platform or its users.
5. Prohibited Conduct
- Submitting, publishing, or transmitting any content that is false, misleading, fraudulent, defamatory, obscene, discriminatory, threatening, harassing, or otherwise unlawful.
- Listing properties without lawful authority to do so, including properties subject to existing tenancy agreements or properties owned by third parties without their consent.
- Soliciting, collecting, or misusing personal data of other users in violation of the Personal Data Protection Act 2010 (PDPA).
- Conducting any form of rental fraud, advance fee scams, deposit fraud, or phishing through or in connection with the Platform.
- Attempting to bypass, disable, tamper with, or reverse-engineer any security feature, access control, or technical measure of the Platform.
- Using automated tools, bots, scrapers, or scripts to access, extract, or replicate Platform data without express written permission from Dourr.
- Transmitting unsolicited commercial communications (spam), chain messages, or any other form of unauthorised bulk messaging.
- Impersonating any person or entity, or misrepresenting your affiliation with any person or entity.
- Engaging in conduct that restricts or inhibits any other user's use or enjoyment of the Platform.
- Violating any applicable local, state, national, or international law or regulation, including but not limited to the Communications and Multimedia Act 1998.
6. Inquiries, Communications, and Messaging
- The Platform's inquiry and messaging system is provided solely to facilitate initial contact and communication between Renters and Listers.
- All communications conducted through the Platform must be lawful, respectful, and directly related to the property inquiry in question.
- Dourr reserves the right, but not the obligation, to review, monitor, flag, or remove communications that appear to violate these Terms or applicable law. Such monitoring does not make Dourr a party to or responsible for the content of those communications.
- Inquiry threads may be automatically closed after three (3) consecutive days without a response from the Lister, unless re-opened by either party.
- Where a listing is removed, archived, or set to draft status, related inquiry threads shall remain accessible to relevant parties but will display a notice indicating the listing is no longer active.
- Dourr does not guarantee the delivery, timeliness, accuracy, or security of messages transmitted through the Platform.
- Users must not use the messaging system to exchange personal financial information, conduct transactions, or share passwords or sensitive personal data.
7. User-Generated Content and Licence
- You retain ownership of any content you submit to the Platform, including listing descriptions, photographs, and communications ("User Content").
- By submitting User Content, you grant Dourr a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and adapt such content solely for the purpose of operating, improving, promoting, and providing the Platform.
- You represent and warrant that you own or have all necessary rights, licences, and permissions to submit User Content, and that such content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
- Dourr does not endorse, verify, or take responsibility for any User Content. You acknowledge that you may be exposed to User Content from other users that is inaccurate or objectionable, and you agree that Dourr shall not be liable for any such content.
- Dourr reserves the right to remove, edit, or refuse to publish any User Content at its sole discretion, without prior notice or liability.
8. Intellectual Property Rights
All proprietary content on the Platform, including but not limited to the Dourr name, logo, brand identity, interface design, software, source code, algorithms, databases, and documentation, is the exclusive property of Dourr or its licensors and is protected under Malaysian intellectual property law and applicable international conventions. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose. You may not reproduce, copy, modify, create derivative works from, distribute, publicly display, sell, or otherwise exploit any portion of the Platform or its proprietary content without the prior express written consent of Dourr.
9. Privacy and Personal Data
The collection, use, storage, and processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you consent to such collection and processing as described in the Privacy Policy. Dourr processes personal data in compliance with the Personal Data Protection Act 2010 (PDPA) of Malaysia. You have the right to access, correct, and withdraw consent for the processing of your personal data, subject to applicable legal exceptions.
10. Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis without any representation, warranty, or condition of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, Dourr expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. Dourr does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) any listing information is accurate, complete, or current; (c) any defects in the Platform will be corrected; or (d) the Platform or any server that makes it available is free of viruses or other harmful components. Any reliance on information or listings on the Platform is at your own risk.
11. Limitation of Liability
To the fullest extent permitted by the laws of Malaysia, Dourr, its directors, officers, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, business opportunities, or rental income, arising out of or in connection with your use of, or inability to use, the Platform, even if Dourr has been advised of the possibility of such damages. In no event shall Dourr's total aggregate liability to you for all claims arising from or related to your use of the Platform exceed the greater of: (a) RM 500; or (b) the total fees, if any, paid by you to Dourr in the twelve (12) months immediately preceding the event giving rise to the claim. The limitations of liability set out herein shall apply regardless of the legal theory on which the claim is based.
12. Indemnification
You agree to indemnify, defend, and hold harmless Dourr and its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Platform; (b) any User Content you submit, post, or transmit; (c) your breach of these Terms or any applicable law or regulation; (d) your infringement of any third-party rights, including intellectual property rights or privacy rights; or (e) any dispute between you and another user, Lister, or Renter arising from a transaction or communication facilitated through the Platform.
13. Third-Party Links and Services
The Platform may contain links to third-party websites, services, or resources that are not owned or controlled by Dourr. Dourr has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policies of any third-party sites you visit. The inclusion of any link does not constitute an endorsement by Dourr of the linked site or service.
14. Force Majeure
Dourr shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, government actions or restrictions, pandemics or public health emergencies, war, civil unrest, terrorism, power failures, telecommunications disruptions, internet outages, or third-party service failures.
15. Termination
- These Terms remain in full force and effect for as long as you use the Platform or maintain an account.
- You may terminate your account at any time by contacting us at [email protected].
- Dourr reserves the right to suspend or permanently terminate your access to the Platform immediately and without prior notice if you breach these Terms, engage in conduct harmful to other users or the Platform, or for any other reason at Dourr's sole discretion.
- Upon termination, your right to use the Platform ceases immediately. Dourr may retain your data as required by applicable law or for legitimate business purposes, as described in our Privacy Policy.
- All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, warranty disclaimers, indemnification, and limitation of liability.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be submitted to good-faith mediation between the parties. If mediation fails to resolve the dispute within thirty (30) days of commencement, the dispute shall be referred to and finally resolved by the courts of Malaysia, and you hereby irrevocably submit to the exclusive jurisdiction of such courts.
17. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
18. Entire Agreement and Waiver
These Terms, together with our Privacy Policy and any other legal notices or agreements published by Dourr on the Platform, constitute the entire agreement between you and Dourr with respect to your use of the Platform and supersede all prior and contemporaneous agreements, understandings, and representations. Dourr's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver by Dourr of any breach shall not constitute a waiver of any subsequent breach.
19. Amendments to These Terms
Dourr reserves the right to amend, update, or replace these Terms at any time at its sole discretion. Where changes are material, Dourr will use reasonable efforts to notify registered users via email or a prominent notice on the Platform at least fourteen (14) days prior to the changes taking effect. Your continued use of the Platform after the revised Terms take effect constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must cease using the Platform and may request account deletion.
20. Contact Information
If you have any questions, concerns, or complaints regarding these Terms of Service or the Platform, please contact us at: Dourr, [email protected]. We endeavour to respond to all enquiries within five (5) business days. For urgent matters relating to fraud, abuse, or safety, please include "URGENT" in the subject line of your email.
These Terms of Service govern all use of the Dourr platform. Dourr is not a real estate agent and is not a party to any tenancy agreement between users. All transactions and agreements are solely between the Lister and the Renter. Nothing in these Terms constitutes legal advice. Users are encouraged to seek independent legal counsel before entering into any rental agreement.