Clause 1 - Definitions of Terms
- “Company”, “we”, “us”, “our” means Propre Pte. Ltd.;
- “Intellectual Property” means the copyrights, trademark rights, patents, utility model rights, design rights, designs, knowhow and any and all other intellectual properties in and to any contents, documents, images, videos, screen designs, e-mails created or transmitted by us or any and all other works (including the rights to receive such rights and the rights to file applications to register, etc. such rights);
- “Personal Data” means personal data, whether true or not, about an individual such as Users who can be identified from the data that the Company becomes privy to when providing the Services, or from that data and other information to which the Company has or is likely to have access to, as defined under the Personal Data Protection Act 2012 of Singapore;
- “Propre Group” refers to the Company and its subsidiaries and affiliates (including its overseas subsidiaries and affiliates. Please see the website of Propre Pte. Ltd. for the details of each company within the Propre Group.);
- “Real Estate Information Site” means the online Real Estate Information Site operated by us and the websites identified by the domains stated in Paragraph 2 of the “Exhibit (Regarding Services)” which are operated by the Propre Group. The names of the sites and the domains may be added, changed or deleted from time to time, at our discretion;
- “Services” means all services provided on the Real Estate Information Site. The name and the contents of each Service may be added, changed or deleted, from time to time, at our discretion;
- “User(s)” means all user(s) using the Services (including but not limited to potential buyers, tenants and estate agents, etc.); and
- “User Equipment” means electric communication lines, electric communication devices, computers and software that are required by Users to use the Services as well as all other devices and equipment, etc., that are necessary in association therewith.
- We may, from time to time, at our discretion, end the provision of all or part of the Services without giving any prior or ex post facto notice.
Clause 4 - Notice from Company
- The Company may give notice to Users by posting such notices on the Real Estate Information Site or by any other methods that we deem appropriate.
- The notice shall come into effect from the time when such notice is posted on Real Estate Information Site. In addition, if the notice is given by e-mail transmission or via other such means, such notice shall come into effect from the time when it is delivered by us.
Clause 5 - Contents of Service
- We may, from time to time, at our discretion, end the provision of all or part of the Services without giving any prior or ex post facto notice. At no time are we obliged to provide the Services, or any part of the Services to any Users.
Clause 6 - Regarding Users’ Rights
- The ownership of Intellectual Properties and any and all other rights pertaining to the Services and the Real Estate Information Site belong to us, a person designated by us, or a person granting a license to us. Users may not use, reproduce, adapt, alter, translate, reprint, distribute, publish, publicly transmit, assign, lease, license, etc., or otherwise use and/or dispose of any and all content, services, software, works (including appearance of property, etc.), tangible objects or information, etc., pertaining to the Services or any of the websites operated by us, without permission from us and the rights holder, unless permitted under the Copyright Act (Chapter 63) or any other applicable laws and regulations.
- The use of the Services shall not grant Users any rights in any Services and/or websites run by the Propre Group.
- With respect to the rights set forth in Paragraph 1 of this Clause, Users shall not conduct any acts (including but not limited to disassembling, reverse compiling or other reverse engineering) that are likely to infringe upon such rights.
- Users shall be deemed to have agreed to the above paragraph by providing the Information, etc. Provided by Users to us or any of the websites operated by us. With respect to the Information, etc. Provided by Users, Users shall not exercise their moral right of an author or the equivalent thereof against us, any person designated by us, any person licensed by us or any a person designated by us.
- We shall not have the obligation to use, respond to, etc. the Information, etc. Provided by Users
Clause 7 - Registration by Users, etc.
Clause 8 - Management Responsibility of Personal Authentication Information
- If a Propre ID Member forgets any Personal Authentication Information, such as a password set by him/herself, such Propre ID Member shall immediately notify the Company and follow its instructions.
- A Propre ID Member shall not cause a third party to use, share with a third party or license to a third party any rights to use his/her own Personal Authentication Information and the Membership Services that are conditional upon authentication. Any use of the Membership Services for which authentication is given solely to that Propre ID Member and any and all acts associated therewith shall be deemed to be use of or acts conducted by the Propre ID Member him/herself, regardless of whether such use or acts are in actual fact committed by the Propre ID Member him/herself, including the use of the Membership Services and any and all acts associated therewith conducted by a third party in breach of this clause (including cases where authentication is given without the involvement of the Propre ID Member him/herself due to equipment settings, and the Membership Services thereby become available to a third party).
- Propre ID Members shall bear all responsibilities for the management of the Personal Authentication Information, including their own IDs and passwords. The Company shall not be responsible for any loss or damage suffered by a Propre ID Member as a result of his/her Personal Authentication Information being used by a third party, regardless of whether such damage is due to such Propre ID Member’s intentional act or negligence.
Clause 9 - Changing User Accounts
We may change an ID or a password of a Propre ID Member without obtaining his/her approval when such Propre ID Member’s ID or password is suspected to have been abused by a third party, or for the purpose of preventing such abuse. In such event, the Company shall notify the Propre ID Member of the change.
Clause 10 - Temporary Suspension of ID
- The Company may suspend the use of any ID for the Membership Services which is being used by a Propre ID Member without obtaining such Propre ID Member’s approval when:
- such Propre ID Member has not or has been deemed not to agree to the confirmation of intent for use of the Membership Services provided by us, within a certain period that is separately specified;
- such Propre ID Member is unable to be contacted via telephone, facsimile or e-mail, or any reasonable means;
- a mail sent to such Propre ID Member’s contact address is returned to us; or
- for any other good reason.
- We shall not be responsible or liable to the Propre ID Member for any damages arising as a result of the said Propre ID Member being unable to use the Membership Services for any reason.
- indicate on the network, by an appropriate method, the contents of the third party’s complaint or claim, etc., the network location information of the site on which such contents are posted, or other ways to learn the contents, or demand that such Propre ID Member hold discussions (including alternative dispute resolution procedures) to resolve the complaint or claim, etc., with such third party.
- demand that such Propre ID Member delete or retract the content he/she has sent or indicated;
- delete or make unavailable to a third party all or part of the information sent or indicated by such Propre ID Member; or
- temporarily suspend the use of an ID or revoke the membership of such ID.
- Propre ID Members accept that the provisions in Paragraph 1 of this Clause do not impose any obligations on us to take any or all the measures as listed in the said paragraph. Furthermore, if we take any or all such measures, the Propre ID Member shall indemnify and hold us harmless from any results, liabilities, or damages which may arise from us taking such measures.
- Propre ID Members accept that the measures set forth in Items (4) and (5) of Paragraph 1 of this Clause may be effected at our discretion without any prior notice.
Clause 12 - Suspension of Membership by Company
If a Propre ID Member falls under any of the following categories, we may temporarily suspend the use of or revoke his/her membership of without giving any notice or making any demand to the Propre ID Member in advance:
- an application for bankruptcy is filed against such Propre ID Member, or it becomes evident that such Propre ID Member has become subject to a ruling for commencement of guardianship, curatorship or assistance;
- the Company deems it inappropriate for such Propre ID Member remain as a Propre ID Member.
- If a Propre ID Member has more than one (1) ID, and any of such IDs become subject to temporary suspension of use or revocation for any reason, we may temporary suspend the use or revoke the membership of all other IDs held by such Propre ID Member.
- If we incur any damage, loss, or liability due to a Propre ID Member committing any of the acts in Clause 18 (Prohibited Acts, etc.), or for any other reason, the Company may bring a claim against such Propre ID Member to provide compensation for the damage incurred by the Company, regardless of whether such Propre ID Member’s ID has been revoked from membership or temporarily suspended for use.
- The Propre ID Member shall indemnify and hold us harmless for any acts which they may commit against any party regardless of whether the Propre ID Member’s ID has been revoked or suspended or is still currently active.
Conditions for Provision, etc.
Clause 13 - Fees for the Services
- No usage fee for the Services shall be charged, unless otherwise provided for in any relevant Individual Terms and Conditions.
- Costs required for a User to prepare any User equipment and to enter into and maintain, etc. a provider agreement shall be borne by the User.
Clause 14 - Suspension or Discontinuance of Services
If we deem that any of the following scenarios apply, we may suspend or discontinue the Services from time to time, without giving any prior or ex post facto notice to a User, and without requiring the User’s approval:
- conducting any (periodic or urgent) equipment maintenance or inspection necessary for providing the Services;
- it being difficult to provide the Services due to unforeseen circumstances (including but not limited to, natural disasters such earthquakes, or fire or power outage);
- conducting data backup, etc. that is necessary for providing the Services;
- it being unavoidable for operational or technical reasons;
- any equipment necessary for providing the Services having been suspended or damaged (regardless of whether it is due to a reason attributable to us or otherwise);
- the Company suspending or discontinuing the provision of the Services to Users regarding whom we deem it necessary to do so; or
- for any other good reason.
- We shall not be responsible for any damage or loss incurred, either by a User or a prospective user, as a result of the suspension or discontinuance of the Services or any part thereof under the preceding Paragraph.
Clause 15 - Advertisements, etc.
We may post advertisements and announcements, etc., provided by a third party on the Real Estate Information Site. We are neither liable nor responsible for the accuracy or legality, etc. or such advertisements/announcements etc.
Clause 16 - Changes to Registered Contents, etc.
- If there is any mistake, deficiency, addition or change to the information provided by a User to us (including information entered when registering for the Services Requiring Registration as well as information pertaining to the e-mail address and password corresponding thereto), such User shall correct, add or change such information within 2 days, in accordance with the method designated by us.
- If a User fails to make such corrections, additions or changes as set forth in the preceding paragraph, we may suspend the use of the Services by such User. In addition, we will treat the Users’ information as submitted thus far as true and accurate until we receive notice otherwise. We shall not be liable for any damage, losses incurred by a User as a result of such inaccuracies.
- Any notice sent to a User by us is deemed to have been received by the User once the notice has been sent out.
Clause 17 - Preparation of Devices, etc.
Users shall prepare User Equipment at their own cost and responsibility and shall appropriately maintain the Services in a proper state (including executing provider agreements, etc.). We shall not be involved with any User Equipment or be responsible for any failure, loss of, or damage, etc. to data of the User Equipment that arises as a result of using the Services or accessing any of the websites operated by us.
Clause 18 - Prohibited Acts, etc.
When using the Services, Users must not commit an:
- act of falsifying information regarding the Services;
- act of using the Services by impersonating another person;
- act of sending or writing harmful computer programs, etc.;
- act of violating the property, reputation or privacy, etc. of a third party or the Company;
- act of collecting any Personal Data held by a third party or the Company without obtaining the consent of the said person or through any fraudulent or other illicit means;
- act of preventing the use or provision of the Services;
- act of violating any copyrights or other intellectual property rights of a third party or the Company;
- act of violating any applicable law or regulation, act that is offensive to the public order and morals, or any act that solicits or encourages such act;
- operating activities, or other acts for profit, using the Services;
- act that undermines the Company’s credibility or causes damage to the Company;
- act of slandering or libeling the Company or a third party;
- act of sending false information;
- act of abusing a password or e-mail address, etc.;
- act of providing a third party with information provided to users through the Services (the application of this item shall be limited to information that is provided only to Users through the Services); and
- act that is deemed inappropriate by the Company.
If any Information, etc. Provided by Users falls under or is likely to fall under any of the following categories, we may, at our discretion and without notice, delete all or part of such Information, etc. Provided by Users, or make corrections thereto as the Company deems necessary:
In such an event, we will not be liable to the User and/or any other third parties for any losses or damages which may arise.
- Information, etc. Provided by Users that the Company deems likely to fall under any of the prohibited acts of the preceding paragraph;
- Information, etc. Provided by Users that the Company deems to be clearly false; or
- other than the above, Information, etc. Provided by Users that the Company deems inappropriate.
Clause 19 - Indemnity
- If a User causes damage to a third party in relation to the use of the Services (including but not limited to cases where a User infringes upon a third party’s rights in any Intellectual Property), the User shall resolve such damage at its own cost and indemnify the Company.
Disclaimer of Warranties, Indemnities and Limitation of Liability
Clause 20 - Disclaimer of Warranties, Indemnities and Limitation of Liability
- Your use of the Services and/or the Real Estate Information Site is solely at your own risk and we disclaim all warranties of any kind, whether express or implied, including but not limited to warranties that:
- the Real Estate Information Site and/or Services will meet your requirements and be fit for a particular purpose;
- the Real Estate Information Site and/or Services will be operated/provided in an uninterrupted, error-free and secure way;
- any posts or content found on the Real Estate Information Site will be accurate or reliable; and
- the quality of products, services, information purchased or otherwise obtained by you from or through the Real Estate Information Site will be fit for purpose and/or meet your requirements/expectations.
- We do not endorse, and are not responsible or liable in any way for the messages, links, views, opinions, research, posts, recommendations of other Users, advertisers, third parties that may be posted or hosted on the Real Estate Information Site either by advertisers or other third parties. Any use of the information found on the Real Estate Information Site is entirely at the user’s own risk.
- We shall not be liable to any party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses for any reason resulting from the use or inability to use the Real Estate Information Site and/or Services, the conduct or actions of any User and/or third party, even if the possibility of such damages were communicated to us.
Personal Data, etc.
Clause 21 - Handling of Information regarding Users, such as Personal Data
- Notwithstanding the preceding paragraph, the Company may provide third parties (including, but not limited to corporations providing information on property and real estate companies posting information on stores, etc.) with Personal Data and other information provided by Users to the Company (including but not limited to information on inquiries from Users regarding property and other Information, etc. Provided by Users, etc.) to the extent necessary for performing the Services, and Users shall be deemed to have agreed thereto by using the Services, provided that we shall make arrangements with such third party (the “Information Recipient”) on how to appropriately handle Personal Data of Users provided by us.
- By using the Services, Users shall be deemed to have agreed to the fact that announcements on property or other announcements, contacts or notices, etc. may be made or given by Information Recipients.
- By using the Services, Users shall be deemed to have agreed that we may include our and/or a third party’s advertisements and announcements, etc., on mails and other notices sent by us to Users.
- We shall have no responsibility towards any Users with regards to any contacts, negotiations, or any other relationship between any User and Information Recipient.
- The Company shall keep Users’ Personal Data for a reasonable period as a backup for the use of the Services in order to operate the Services smoothly. Users shall be deemed to have agreed that the Company may contact Users directly if any contents filled in a form, etc. by a User upon making an inquiry or requesting materials, etc. is unclear and the real estate company cannot make contact or send materials, etc. with or to such User, or otherwise to the extent necessary for us to operate the Services smoothly.
Clause 22 - Governing Law
Clause 23 - Jurisdiction
Clause 24 - Contact Information for Inquiries
Contact information for inquiries relating to the Services shall be as follows; provided, however, that the Company shall not have any obligation to provide support, etc., to Users in relation to the Services and the Real-Estate Information Site.
Contact information for inquiries:
Propre Pte. Ltd.: Person in charge of user support
E-mail address: firstname.lastname@example.org
Clause 25 - Use Outside Singapore
If the Services are used by a User outside Singapore, the Company shall make no warranties with respect to the legality, etc., of the contents thereof. Before using the Services outside Singapore, Users shall, at their own responsibility, confirm whether the Services comply with the laws of the relevant country or region.
First edition: May 21, 2018
Exhibit (Regarding Services)
Please be advised that some of the services provided for smartphone-only sites and apps may differ.
Services for people considering investing in or leasing real estate (including Membership Services):
- Search for market price information: Services that investigate the market price in the area of the property considered for investment or lease;
- Search for property: Services of forwarding to property information providers information on inquiries from Users for the properties posted, etc.;
- Mail regarding new property/new notices: Services of transmitting information when the requirements registered by a User match the information regarding the property, etc., that is newly registered by a company providing property information;
- Notice on market price information: Services of providing Users with market price information of the area around the property registered by such users;
- Campaigns: Various campaigns randomly conducted for site users at the sites operated by the Company;
- Seminars: Various seminars randomly conducted for site users at the sites operated by the Company;
- User questionnaires: Questionnaires targeting site users that are conducted periodically or randomly on the sites operated by the Company to obtain reference data for future operation of the sites;
- Posting of opinions and experiences: Services of collecting and posting opinions and experiences from and/or for site users conducted periodically or randomly on the sites operated by the Company;
- Mail magazine services: Services of periodically or randomly transmitting mail magazines to site users from whom the Company obtained permission for such transmission on the sites operated by the Company; and
- Real estate sales assessment services: Services of providing users with reasonable reference sales prices.
Websites operated by the Company and their domains
- Real Estate Information Site Propre: propre.com
- Real Estate Information Site Propre Focus: focus.propre.com
Please be advised that due to the transition to a new system, each domain may be changed or deleted one by one.