Partner Listing Terms

1. Definitions

• “Property Lab” means the real-estate platform operated by PEB LAB SDN. BHD. (company registration no. ACN180620267891720) (the “Operator”).
• “Partner” means a real-estate agency or individual agent who has accepted these Terms and has either self-registered at /partner or been invited by the Operator.
• “Submitted Listing” means a property registered by a Partner at /partner and published on property-laboratory.com/listings.
• “Agent Fee” means the brokerage fee received by the Partner from the tenant or buyer upon completion of a transaction.

2. Listing Charges and Future Revision of Fees

1. Full retention. The Agent Fee received from the tenant or buyer upon completion shall be retained in full (100%) by the Partner. No revenue share, referral fee or other consideration shall be payable to the Operator. The Operator does not co-broke.
2. Free of charge (launch period). During the current launch period, no basic listing fee, renewal fee or set-up cost shall be payable. The standard allowance of concurrent listings is available on the free plan.
3. Optional charges. Charges presently arise only in respect of optional paid features, namely extended listing-slot plans and exposure credits (additional photographs and Repost, Turbo or Spotlight placements).
4. Future revision of fees. The Operator reserves the right to revise its fee structure as the platform develops, including by introducing a paid subscription model or a basic listing fee. Where the Operator migrates to a predominantly paid model, it shall give not less than thirty (30) days’ prior written notice (including by email). A Partner shall be entitled to terminate (opt out) without penalty before the revised fees take effect.

3. Operator’s Undertakings — Non-Poaching and Protection of Information

In order to protect the business and the rights of its Partners, the Operator undertakes as follows.

1. Non-poaching. The Operator shall not, under any circumstances, use unit numbers, owner information, or tenant or buyer lead information submitted by a Partner in order to solicit business directly, bypassing that Partner.
2. Masking of unit numbers. Accurate unit numbers (for example B-39-01) are required at the point of registration for the purposes of reliable matching and de-duplication. On the publicly accessible website, such unit numbers are automatically masked (for example, “High Floor”) so that the unit cannot be identified by other agents or by members of the public.
3. Direct attribution of leads. Enquiries from customers are, as a rule, delivered directly to the Partner’s WhatsApp, and the negotiation is thereafter conducted under the Partner’s control.
4. Fair ranking. Where the same unit is submitted by more than one Partner and the listings are matched together, the Operator determines which listing is displayed in the leading position by an algorithm based on the accuracy of the information, the completeness of the photographs, and the status of availability confirmation and supporting evidence. Ranking is not determined solely by order of submission, by any commercial relationship with the Operator, or by the use of optional paid features.
5. Complaints concerning false or exaggerated pricing. Where a Partner considers that a rent or price materially inconsistent with the market has been published in respect of the same unit, that Partner may submit a complaint to the Operator. The Operator shall give priority to a complaint made by a Partner who demonstrates that it holds an exclusive mandate in respect of the unit, and may unpublish any listing falling within clause 6.2. Complaints are to be addressed to info@property-laboratory.com.
6. Reducing the burden of availability confirmation. In respect of the availability confirmation under clause 4, the Operator shall provide a means by which a Partner may respond by acting on the notification itself (for example, in WhatsApp) without being required to log in to the website. The Operator shall also give advance notice before the confirmation falls due, and shall not unpublish a listing without notice solely on the ground that no response has been received.

4. Prohibition of Decoy Listings and Structural Safeguards

The Operator does not tolerate the practice of collecting enquiries by means of properties that have already been transacted, that do not exist, or that the owner has no intention of letting or selling (“decoy listings”). The following safeguards apply in order to preserve the integrity of the platform.

1. Periodic availability confirmation. A listing constitutes a representation that the property is presently available. A listing in respect of which the availability confirmation (free of charge) is not completed every sixty (60) days shall be unpublished automatically; it shall be republished upon confirmation by the Partner.
2. Automatic management of duplicate listings. Reference numbers are generated automatically from the property and the floor. Listings relating to the same residence and the same floor are managed as one and the same unit. Where completion is confirmed in respect of any one Partner, listings of the same unit shall be unpublished automatically and listings on the same floor shall receive a request for availability confirmation.

5. Requirements for, and Authority over, Submitted Listings

1. A Partner may submit only its own properties or properties in respect of which it holds a proper right to list. Listing another agency’s exclusive property without authority is prohibited; such a property may be listed only with the mutual consent of the parties concerned. The Operator accepts no responsibility whatsoever in relation to the apportionment of the Agent Fee or any other arrangement between the parties.
2. The property name, address, number of bedrooms, size (sqft), unit number, and rent (RM per month) or price (RM) are mandatory particulars.
3. Five or more photographs are recommended. The Partner shall state clearly whether the property is furnished or unfurnished.
4. In order to maintain the quality of the platform, the Operator reserves the right to edit the photographs and descriptive text of a Submitted Listing, and to unpublish without notice any listing which it considers false, exaggerated or inappropriate.

6. Prohibited Conduct

A Partner shall not:

1. list another agency’s exclusive property without authority;
2. publish false information, including fictitious properties, units that do not exist, the deliberate entry of an incorrect unit number, and exaggerated pricing materially inconsistent with the market;
3. maintain a listing in respect of a property that has been transacted or is not in fact available (a decoy listing), including by giving a false response to an availability confirmation; or
4. register or display false particulars of registration — including a fictitious number, an expired number or the number of another person as a REN, PEA or REA, and a misstatement of the estate agency firm to which the Partner is attached — or submit listings during any period in which the Partner is not registered.

Where a breach is established, the Operator may suspend the account and remove the listings with immediate effect and without prior notice, and, in serious cases, reserves the right to pursue legal remedies.

7. Registration Credentials, Verification and Measures against False Registration

1. Warranty of registration. A Partner warrants that the particulars it registers with the Operator — including its own name, the name of the estate agency firm to which it is attached, its registration number as a Real Estate Negotiator (REN), Probationary Estate Agent (PEA) or Registered Estate Agent (REA), and the registration number of that firm (the E number) — are true, current and its own, and that it is entitled to carry on estate agency practice in Malaysia in accordance with the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 (Act 242) and the rules and standards of the Board of Valuers, Appraisers, Estate Agents and Property Managers Malaysia (BOVAEP / LPPEH) (the “Board”).
2. Duty to notify. A Partner shall notify the Operator without delay where its registration expires, is suspended or is cancelled, or where it ceases to be attached to the firm registered with the Operator. A Partner shall not submit listings or otherwise carry on activity on Property Lab during any period in which it is not so registered.
3. Verification. The Operator may at any time verify the registered particulars against the public register maintained by the Board, and may require a Partner to produce its authority card or other supporting evidence. Pending such verification, the Operator may suspend the account and unpublish the listings concerned. The verification mark shown on public pages signifies only that the registration number has been checked against that register; it is not a warranty by the Operator as to the conduct of the Partner.
4. Measures. Where a Partner registers false particulars of the kind described in clause 6.4, uses the registration number of another person, or continues to carry on activity after its registration has expired or been suspended, the Operator may, having regard to the gravity of the matter, take any one or more of the following measures with immediate effect and without prior notice:
   1. removal of the verification mark, and correction or unpublication of the listings concerned;
   2. suspension of the account, including access to the leads and the data held in it;
   3. termination of the account and permanent refusal of re-registration, including in the name of the same individual or of any firm under that person’s control;
   4. forfeiture, without refund, of any paid plan or exposure credits then held, any outstanding amount becoming immediately due;
   5. reporting the matter, together with the records and evidence retained by the Operator, to the Board and, where the Operator considers it appropriate, to the police or any other competent authority. The Partner consents to disclosure for that purpose, and clause 9 (personal data and data protection) applies subject to this paragraph;
   6. informing the owner, landlord, tenant or buyer concerned, to the extent necessary to prevent harm; and
   7. the pursuit of legal remedies, including a claim for damages.
5. Indemnity. A Partner shall indemnify the Operator against any claim, loss, cost or reasonable legal expense incurred by the Operator or by a customer of the Operator as a result of false registration particulars provided by that Partner.

8. Disputes between Partners and Exclusion of the Operator’s Liability

1. The Operator is not a party to, and accepts no responsibility whatsoever for, any dispute between Partners, or between a Partner and any other agent, negotiator, agency, owner, landlord, tenant, buyer or introducer. This includes disputes as to the apportionment of the Agent Fee, co-agency and referral arrangements, competing claims to a mandate or to a client, the solicitation of another party’s clients or staff, and the ownership of listing text or photographs.
2. The Operator does not mediate, arbitrate or adjudicate any such dispute, and is under no obligation to investigate it or to determine which party is in the right. Any measure taken by the Operator under these Terms — including unpublishing a listing, adjusting its position in the display order, or suspending an account — is taken solely in order to maintain the integrity of the platform, and shall not be construed as a determination of the rights of the parties as between themselves, nor as an admission of liability on the part of the Operator.
3. Partners shall resolve any such dispute between themselves and, where applicable, in accordance with the rules and standards of the Board or before the courts.
4. To the fullest extent permitted by law, the Operator shall not be liable for loss of commission, loss of opportunity, loss of profit or damage to reputation arising out of any such dispute or out of the conduct of another Partner. Each Partner shall indemnify the Operator in respect of any claim brought against the Operator by a third party in connection with that Partner’s own conduct.

9. Personal Data and Data Protection

The Operator uses a Partner’s contact details and Submitted Listing information solely for the purpose of providing the service. In accordance with the privacy policy, the Operator does not disclose such information to third parties without lawful cause.

10. Termination

A Partner may terminate its account at any time by sending a request to info@property-laboratory.com. Any outstanding liability in respect of paid plans or credits shall survive termination.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Malaysia. The Kuala Lumpur Sessions Court shall have exclusive jurisdiction at first instance over any dispute arising out of or in connection with these Terms.

12. Amendment and Notice

The Operator may amend these Terms from time to time as required. Where a material change is made, the Operator shall give prior notice to the Partner’s registered email address.

13. Language of these Terms

These Terms are drawn up in the English language, and the English version is the original and authoritative text. The Japanese, Chinese and Malay versions are reference translations provided for the convenience of Partners. In the event of any discrepancy or inconsistency in interpretation between the versions, the English version shall prevail.