TERMS & CONDITIONS

Terms & Conditions For The General Use Of The Propertyweb Website

Preamble

Before you may proceed to use the services of the Site, you must read and accept all the Terms & Conditions relating to the use of the Site and the particular terms applicable to the Site and its services.

Definitions & Interpretation

In these terms and conditions ("Terms & Conditions"), the following words and meanings shall have the meaning ascribed to them:-

"Site" means the PropertyWeb website, which is to be found at

  1. http://www.propertyweb.sg and/or
  2. http://www.propertyweb.com.sg

"Site Owner" means the owner and operator of the Site.

In these Terms & Conditions, unless the context otherwise requires:-

  1. References to this Agreement include any and all other documents relating to the Agreement and/or such business as may be defined by the Site Owner from time to time;
  2. Words importing the singular shall include the plural and vice versa, words importing a gender include every gender;
  3. References to a person shall be construed as including references to an individual, firm, company, corporation, unincorporated body of persons or any State or any agency thereof;
  4. Any reference to a statutory provision shall include such provision and any regulations made in pursuance thereof as from time to time modified or re-enacted;
  5. References to any person related with another shall include corporations so related;
  6. Reference to clauses, terms and conditions herein are to clauses of these Terms & Conditions and references to these Terms & Conditions includes any amendments, supplements and any and all other documents relating to these Terms & Conditions as may be defined by the Terms & Conditions from time to time; and
  7. References to a time of day are to Singapore time.

The headings do not form part of these Terms & Conditions and shall not be taken into account in its construction or interpretation.

Disclaimer

This Site is provided by the Site Owner on an "AS-IN', "AS IS" and "AS AVAILABLE" basis. The Site Owner, the Site and its affiliates and third party service providers makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products or services included on this Site, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non- infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You use the Site and its services at your own risk.

You expressly agree that your use of this Site is at your sole risk and that the Site Owner shall not be liable for any injury, loss or damage incurred by use of or reliance on the services and information provided in this site.

The Site Owner is not liable for any loss of money, goodwill, reputation, or any direct, indirect, incidental, special or consequential damages arising out of your use of the Site and its services and you agree to hold the Site, its affiliates, officers, directors, employees, agents and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including legal fees and costs, arising out of or related to your access to or use of the Site, your violation of these Terms & Conditions, and/or your violation of the rights of any third part or person. All the things you do and all the information you submit or post to the Site remain your responsibility.

The Site Owner shall endeavour to make available the Site and its services but does not warrant that either the Site or its services shall be available at any or at all times. The Site Owner also does not warrant that the Site will always work properly.

The Site Owner disclaims any loss or inconvenience to you resulting from the unavailability of the Site if it arises from, in whole or in part, directly or indirectly to an event or failure which is beyond its or their reasonable control including, without limitation:-

  1. flood, lightning, acts of God, exceptional weather conditions, floods, droughts, storms, high winds, typhoons, fire, earthquakes and other natural disasters;
  2. impacts with or by air crafts or other aerial objects, terrorism (whether actual or threatened), explosions, wars, war-like operations, hostilities, insurgencies, invasions, epidemics, quarantines, acts of foreign or public enemies, hi-jacking or unlawful seizure or wrongful exercise of control vehicles, curtailment of transportation facilities, civil commotion, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen shortage of labour, goods and materials;
  3. judgments, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact;
  4. power and telecommunication network failures;
  5. circumstances where communications lines and/or computer systems cannot be used for reasons attributable to any telecommunications carriers; and
  6. acts or omissions of any third party.

Hardware & Access

You shall be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Site and you shall provide at your own expense all facilities or resources necessary for such proper access. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content.

Without prejudice to the foregoing, you shall not create any circumstances whereby other users are affected in their access to, and use of, the Site.

Acceptable Use

In using the services provided by the Site, you agree not to:

  1. violate any law, statute or regulation;
  2. infringe the copyright, patent, trademark, trade secret or other intellectual property right of any party, including but not limited to the Site and/or the Site Owner;
  3. sell counterfeit goods;
  4. sell any goods or provide any services prohibited by law;
  5. engage in money laundering activities;
  6. engage in gambling activities;
  7. engage in any immoral activity or potentially immoral activity, including but not limited to prostitution and pornography;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. act in a manner that is defamatory, libelous, threatening or harassing;
  10. provide false, inaccurate or misleading information;
  11. engage in potentially fraudulent, suspicious or illegal activity and/or transactions;
  12. "stalk" or otherwise harass another user of the Site
  13. send unsolicited emails to other users and/or use the Site and its services to collect payments for sending, or assisting in sending unsolicited emails to third parties
  14. disclose or distribute another user's personal information and data to a third party, or use such information for marketing purposes without the express consent of that user;
  15. take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
  16. upload, or cause to be uploaded, any content to the Site that contains viruses, or any other items that may damage, interfere with, or adversely affect or hinder access to the Site;
  17. engage in, nor cause other users to engage in, spamming, phishing, improper, malicious or, in the Site Owner's absolute discretion, fraudulent clicking, impressions or marketing activities relating to the Site;
  18. in the Site Owner's absolute discretion, reflect poorly on or tarnish the reputation of the Site and/or the Site Owner;
  19. modify, adapt, reformat, recompile, transmit, publish, license, reverse engineer, disassemble, reconstruct, decompile, copy or create derivative works of, transfer or sell any services on the Site or part thereof, including source codes or algorithms, except as expressly authorised by the Site Owner in writing, or to the extent permitted by law;
  20. alter, remove, cover or otherwise deface any identification, trademark, copyright or other notice from any aspect of the services on the Site;
  21. use any automation software, hacks, mods or any other unauthorized third-party software designed to access, crawl or collect from the Site and/or its services; and
  22. use any unauthorized third party software that intercepts, “mines” or otherwise collects information from or through the Site and its services.

Advertisers

All advertisers are subject to the following duties, responsibilites and obligations owed to the Site, the Site Owner and other users as conditions of using the site, and failure and/or breach whether in whole or in part thereof of the said conditions will, at the exclusive discretion of the Site Owner, require them to cease and desist from their continued use thereof of the Site and its services:-

  1. inclusive of users who post advertisements on the Site, holding out oneself as an advertiser in connection with the Site and its services thereby waives any right thereto to ensure compliance with the Do Not Call Registry of the Personal Data Protection Commission of Singapore;
  2. not to post false information in connection with the use of the Site and its services, and any listings submitted will be subject to checks at the discretion of the Site Owner; and
  3. not to hold out themselves or make any representations, whether orally or in writing, as having any relations and/or any such connection to the Site and/or the Site Owner.

The advertisements as set out in the "Wanted Ads" and "Job Leads for Agent" sections of the Site shall not be construed as legally binding offers, and are subject thereto to further negotiation between all parties concerned in order to form a legally binding contract.

Neither the Site nor the Site Owner shall be liable for any breach and/or failure of any or all of the aforesaid duties, responsibilities and obligations by advertisers using the Site and/or the Services, nor shall any persons suffering loss and damage thereto have a claim against either the Site or the Site Owner.

All false information shall be removed from the Site by the Site Owner without notice or further reference.

The Site Owner reserves all right to remove, from time to time and without notice or further reference, any advertising content and/or material posted on the Site and the Site Owner shall not be responsible for any loss and/or damage incurred thereto as a result of such removal, nor shall the Site Owner be obliged to explain whether orally or in writing the reasons behind such removal.

Repeated incidences of false advertising may, at the discretion of the Site Owner, result in the full and final termination of Site access and all user privileges of the perpetrator.

The Site Owner hereby reserves the right to report any and all incidences of false advertising to the Council for Estate Agencies of Singapore.

Miscellaneous Use

The Site and Site Owner shall not be responsible for any loss and/or damage arising from your reliance on any and all text entered in the "Frequently Asked Questions" section of the Site.

All text entered in and transferred between users in the "Chatroom" section of the Site will be monitored at all times. The Site Owner reserves the right to display the text in the "Chatroom" section under the "Frequently Asked Questions" Section.

All text entered in and transferred between users in the "Chatroom" section of the Site neither represent the Site nor the Site Owner's views, and is exclusive to the user entering it.

The Site and Site Owner shall not be responsible for any loss and/or damage arising from your reliance on search filter results and advertising information including, but not limited to:-

  1. financial calculations;
  2. distance and time between locations;
  3. map data;
  4. affordability estimates; and
  5. third party data and information from sources including, but not limited to, Google Maps and Street Directory.

In furtherance of clause 20 hereinabove, the Site and Site Owner recommend herewith the consultation of the respective professionals for any and all relevant data and/or information.

Neither the Site nor the Site Owner shall be responsible for any loss or damage arising from any review of any agent entered by any user of the Site. The Site Owner shall, at their discretion, remove reviews of any agent where there is, including but not limited to, abusive language.

The Site Owner shall not be obliged to remove reviews of any agent entered by any user of the Site.

You agree to waive any and all rights to any images uploaded to the Site.

New launch slot purchases shall be listed on the Site for not less than thirty (30) clear days. In the event that the launch advertisement for the slot is removed by the advertiser and/or the Site Owner, neither the Site Owner nor the Site shall be responsible for any loss or damage arising thereto, nor shall the Site Owner be obliged to refund the balance of the listed the days.

Credits

Credits issued to registered users of the Site shall consist of two classes:-

  1. Free Credits; and
  2. Paid Credits.

Free Credits shall not at any time be converted, or be convertible, to Paid Credits.

The Site Owner reserves the right to terminate any outstanding balance of Free Credits held by any user and/or agent as they deem fit.

Paid Credits shall be bought from the Site at the rate of SGD1.00 for 1 Paid Credit.

Paid Credits shall not at any time be refundable, nor exchangeable for legal tender in and of the Republic of Singapore.

Paid Credits may be transferred between registered users of the Site, at the rate of SGD5.00 per transfer. The transfer rate shall be deducted forthwith from the balance of Paid Credits held by the user.

Property Data from the Urban Redevelopment Authority

The property data on the Site is obtained from the Urban Redevelopment Authority's website; any use in any manner of any data is subject to the terms and conditions specified on the URA's website at:

http://www.ura.gov.sg/lad/pmifaq/pmitnc.html

Copyright

All contents of the site including, but not limited to the text, graphics, links and sounds are the copyright of the Site Owner and their licensors.

Save as may be expressly permitted, you may not otherwise copy, download, distribute, display, perform, adapt, modify, publish, create derivative works from, decompile, reverse engineer or otherwise deal with in any way all or any of the contents of the Site without the prior written consent of the Site Owner.

Variations

The Site Owner reserves the right in their discretion to modify without prior warning or notice these Terms & Conditions and any information or material contained on the site, including, without prejudice to the generality of the above, revisions, amendments, withdrawals and discontinuations of any services or information at the time and at the sole discretion of the Site Owner.

You agree that your continued use of the Site after such modification shall constitute an affirmative acknowledgement by you of the modifications and agreement by you to abide and be bound by such conditions.

Severability

If any of these Terms & Conditions are held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of these Terms & Conditions herein shall continue in full force and effect as if these Terms & Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Notices

Unless otherwise provided herein all notices, demands or other communications by the Site Owner shall be in writing to your email address as stated in the Site records and shall be deemed served upon successful transmission of any such communication sent thereto via the aforesaid medium.

No Waiver

No failure or delay on the part of the Site Owner and/or its agents and/or its licensors in exercising any power right or remedy under the Terms & Conditions shall operate as a waiver of such power right or remedy, nor shall any single or partial exercise of any power right or remedy preclude the further or other exercise thereof, or the exercise of any power right or remedy which it may have.

Rights of Third Parties

A person or entity who is not a party to these Terms & Conditions shall have no right under the Contracts (Rights of Third Parties) Act to enforce any part or whole of these Terms & Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this paragraph shall affect the rights of any permitted assignee or transferee of these Terms & Conditions.

Governing Law & Jurisdiction

These Terms & Conditions are governed by and shall be construed in accordance with the laws of the Republic of Singapore. In using this Site and its services, you agree to hereby submit to the exclusive jurisdiction of the courts of the Republic of Singapore.

These Terms & Conditions may be translated into other languages but in the event of any inconsistency or uncertainty arising therefrom, this English version shall prevail over any other version.

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