TERMS OF USE

 

Acceptance of Terms

1.1 This Site is owned and operated by SimonSays123Homes Pte Ltd (“SimonSays123Homes; we; us; our”). By accessing and using our Site, you acknowledge that you have read, understood and agree, without limitation or qualification to be bound by this Terms of Use.

 

1.2 You acknowledge and agree that this Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site.

 

1.3 We may amend these Terms of Use at any time by posting a revised version on the site and (only for Registered Users) notifying you by way of notice sent to the email address you have provided us. Your continued use of our services shall constitute acceptance and agreement to such revised Terms of Use.

 

1.4 Our failure to require your performance of any provision hereof shall not affect our rights to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

1.5 In the event that any provision in this Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award of court decision, such unenforceability or invalidity shall not render this Terms of Use unenforceable or invalid as a whole but the terms shall be modified to the extent possible by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

 

1.6 If you have any queries, please email us at support@simonsays123homes.com.

 

Your Obligations and Acceptable Use

2.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.

 

2.2 You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to introduce viruses which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.

 

2.3 You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site. You must not use any scraping technology on the Site. Any such use or attempted use of an automated program shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs is strictly unauthorised.

 

2.4 You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site; and when accessing or using the Site and the services, you will act in accordance with the law and in good faith.

 

2.5 If you default negligently or wilfully in any of the obligation set forth in this Terms of Use, you shall be liable for all the losses and damages that this may cause to SimonSays123Homes, its parents, subsidiaries, affiliates, partners or licensors.

 

Your Account

3.1 You may view and use some features of the Site without registering but in order to access and use other features, you would need to register an account with us.

 

3.2 You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password.

 

3.3 If you are accessing and using the Site on somebody else’s behalf, you represent that you have the authority to bind that person as the principal to the terms herein and any and all other relevant terms and conditions in connection with the activities performed on and through this Site, and to the extent that if you do not have such authority you agree to be bound by the terms herein and to accept liability for harm caused by any wrongful use of the Site resulting from such access or use.

 

3.4. You may cancel your online account with us at any time by writing to us at support@simonsays123homes.com. We reserve the right to refuse service and/or terminate accounts without prior notice if this Terms of Use has been breached or if we decide, in our sole discretion, it would be in our best interest to do so.

 

3.5 Termination of your account for any reason whatsoever shall not prejudice or affect our rights and obligations accruing prior to the date of termination that we have at law or equity (including the right to sue or to claim for damages).

 

Content Responsibility

4.1 Any and all content that you upload to our Site shall :

(a) be accurate and not be misrepresented;

(b) be genuine held if it is your opinion that you are expressing;

(c) not be defamatory of a person;

(d) not contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory;

(e) not contain any material which does or could potentially infringe the intellectual property rights of a third party.

 

4.2 We will determine in our discretion whether there has been a breach of this clause 4. Where we believe a breach of clause 4 has occurred we may take such action as we deem appropriate. This action may include but not limited to immediate, temporary or permanent withdrawal of your right to use our Site; immediate, temporary or permanent removal of any posting or material uploaded by you on our Site; legal action against you without further notice; reporting your actions and behaviour to the authorities and law enforcement agencies as we deem appropriate.

 

Non-circumvention

5.1 You hereby irrevocably agree and warrant that you will not, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass us or obviate or interfere with the relationship of any party in the transaction for the purpose of gaining any benefit, whether such benefit is monetary or otherwise, and thereby depriving us of our rightful benefits. You also undertake not to make use of any third party to circumvent this paragraph.

 

Intellectual Property Rights

6.1 This Site is owned and operated by us, SimonSays123Homes Pte Ltd. The services we provide and all content on our Site, including but not limited to design, copy, images, graphics, structure, layouts, button icons, video and audio clips, data compilations and the underlying software code are proprietary to us and our Licensors. Copying by any interpretation is prohibited unless we have given you express consent to do so. Other than as expressly set out in these Terms of Use and except as permitted by applicable law, you agree not to:

i. use, copy, reproduce, republish, modify, create derivative works or use in any other way for public or commercial purposes any part of the Site;

ii. distribute, translate, modify or tamper with, any part of the Site;

iii. sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms of Use; or

iv. permit or assist any person to engage in any act described in this paragraph.

 

6.2 You are granted a limited right to print content pages for your own personal, non- commercial use only.

 

User Content

7.1 When you transmit, upload data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") to be published on the Site in any manner, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever.

 

7.2 You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in transmitting, uploading, or otherwise making available User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, fraudulent, inaccurate or misleading; or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

 

Site Conduct

8.1 We endeavour to ensure our Site serves you efficiently at all hours of the day. Our efforts notwithstanding, we provide no warranty or guarantee that there will be no network connection difficulties; or continuous, uninterrupted user experience.

 

8.2 Our Site has hypertext links to the websites of our partners and associates for your convenience. Please note that we do not supervise or have control on the performance of their sites.

 

8.3 The information available throughout our Site is subject to edits and updates from time to time. We provide no warranty or guarantee as to the currency or accuracy or completeness of the information.

 

Personal Data

9.1 We are committed to protecting and respecting your personal data. Please read our Privacy Policy. You are deemed to have read and agreed that our Privacy Policy is incorporated as a term of this Terms of Use.

 

Indemnity

10.1 You agree to indemnify, defend and hold us harmless from and against any and all damages, losses, liabilities, costs and expenses (legal and professional costs) suffered by us arising from or in connection with your access of our Site and use of our Site’s online facilities, your breach of any of these Terms of Use, and any party who has accessed and used our Site’s online facilities by using your account with or without your consent.

 

Disclaimers and Limitation of Liability

11.1 THE SITE AND ITS CONTENT AND SERVICES ARE PRESENTED "AS IS." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS TERMS OF USE OR THE SITE OR ITS CONTENTS OR SERVICES

11.2 YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY

(a) INTERRUPTION OF BUSINESS;

(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;

(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;

(d) LOSS OR DAMAGES OF ANY TYPE INCURRED AS A RESULT OF DEALINGS ON OUR SITE OR THROUGH OUR SITE;

(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;

(f) INACCURACIES OR OMISSIONS IN CONTENT INCLUDING BUT NOT LIMITED TO PHOTOGRAPHS, VIDEOS, VISULALS OR GRAPHIC REPRESENTATIONS, DESCRIPTIONS, INFORMATION, OR RECOMMENDATIONS THAT ARE DISCOVERED TO HAVE BEEN MISREPRESENTED, DISTORTED OR MANIPULATED.

(g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING LOST OF PROFITS THAT ARE RELATED TO THE SITE OR YOUR USE THEREOF EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED SINGAPORE DOLLARS ONE HUNDRED ONLY (S$100).

 

Vendors/Partners/Third-Party

12.1 We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the reference content, product, service, or supplier. You use and access these third-party websites at your own risk. We are not responsible for examining or evaluating and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site nor do we assume any responsibility of liability for the actions, content, products or services of such parties including without limitation, their privacy policies and terms and conditions. You should review the privacy policies and terms of use or service of third-party websites that you visit.

 

Termination

13.1 You agree that we have the right and at our sole and absolute discretion and without notice to restrict, suspend, or terminate your account and/or access to all or any part of our Site or services.

 

Governing Law & Jurisdiction

14.1 These Terms of Use shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Cap 97) and the Electronic Transactions Act (Cap 88) without giving effect to any principles of Conflicts of Law.

 

14.2 Any claim or dispute in any way to your use of our Site shall be exclusively be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC Rules”) for the time being in force. The arbitral proceedings shall be in English.