PROPERTYGURU’S PG4BUSINESS END USER TERMS (“TERMS”)
- These Terms describe the terms and conditions under which You (as defined below) may access and use the be.vms.com.my platform (the "Platform") as an authorised user of a customer of PropertyGuru Pte Ltd or its related company (“PropertyGuru”). You acknowledge and agree that You are an authorised user of one of PropertyGuru’s customers, who has purchased a subscription to PropertyGuru’s products and services made available from the Platform (“Customer”).
GRANT OF RIGHTS AND LIMITATIONS
- PropertyGuru grants You, a limited, non-exclusive, non-transferable, revocable license for You, for whom fees have been paid by the Customer to PropertyGuru or its related companies, to use and access the Platform (“Licence”).
- In consideration of Your Licence grant, You agree to
- provide accurate, current and complete information about Your registration details as may be prompted by any registration forms on the Platform (“Registration Data”);
- maintain the confidentiality and security of Your username, password and identification;
- maintain and promptly update the Registration Data and any other information You provide to PropertyGuru in order to keep it accurate, current and complete; and
- be responsible for all use of Your account and for any actions that take place using Your account. If You provide any information that is untrue, inaccurate, not current or incomplete or if PropertyGuru has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PropertyGuru has the right to suspend or terminate Your account and refuse any and all current or future use of the Platform.
- You agree that by utilising and/or accessing the Platform You will not:-
- post, transmit, sell, share or otherwise make available any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Platform or servers or networks connected to the Platform or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- harm, stalk, harass or otherwise violate the rights of others in any way in Your use of the Platform;
- intentionally or unintentionally violate any applicable local, state, national or international law
- use the Platform for any purpose not expressly permitted by these Terms
- reproduce, copy, duplicate, sell or resell any part of the Platform, except to the limited extent expressly permitted by these Terms.
- You are responsible for all activities taking place on Your account and shall abide by all applicable laws and regulations in connection with Your use of the Platform, including (without limitation) those related to data privacy. You may never use another user’s account without permission. You must notify PropertyGuru immediately of any breach of security or unauthorised use of Your account. In addition to You responsibility for any of your acts or omissions as an user, such acts or omissions shall be construed as the Customer’s acts or omissions.
- If the Customer nominates you as its administrative user to manage the Customer’s authorised users and their respective accounts, You are responsible for managing their access and use of their accounts (including without limitation, removal, suspension, password reset and allocation of access levels to the Platform). You must notify PropertyGuru immediately of any breach of security or unauthorised use of any account assigned to the Customer’s authorised users related to your administrative user role. In addition to Your responsibility for any of your acts or omissions as an administrative user, such acts or omissions shall be construed as the Customer’s acts or omissions.
- PropertyGuru will not be liable for Your losses caused by any misuse or unauthorised use of Your account, but You and/or the Customer will be liable for the losses incurred by PropertyGuru, its related companies or others due to such misuse or unauthorised use.
- All usernames and passwords remain the property of PropertyGuru and may be cancelled, changed or suspended by PropertyGuru at any time without notice. PropertyGuru is not under any obligation to verify the actual identity or authorisation of the user of any username or password.
- By providing Your e-mail address and mobile phone number to PropertyGuru, You consent to PropertyGuru’s use of that e-mail address to send You account management related notices, including changes to features of the Platform..
In the event of Your breach of any terms and conditions under these Terms, PropertyGuru has the right to terminate your Licence grant and these Terms immediately. Upon termination of this Licence for any reason, You shall immediately discontinue all use of the Platform.
- PropertyGuru or its licensors exclusively own all intellectual property and proprietary rights, including trademarks, copyright and patent to the Platform including, but not limited to and content, services, products, materials, documentation, images, sound and text relating to the Platform. Any unauthorized use, reuse, copying, reproduction, recording, transmittal, modification or revisions of the Platform, is expressly prohibited and will constitute a breach of these Terms.
- Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence may be revoked at any time without notice and with or without cause.
- You agree to defend, indemnify and hold harmless PropertyGuru and its subsidiaries, agents, managers and other affiliated companies and their employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to lawyers' fees) arising from
- Your use of and access to the Platform;
- violation by You of any of these Terms, including without limitation a breach by You of any of the representations and warranties above;
- violation by You of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
- violation by You of any applicable laws or regulations;
- any claim or damage that arises as a result of any of Your content submitted through the Platform; and
- any other party’s access and use of the Platform with Your unique username, password or other appropriate security code.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PROPERTYGURU AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT, AVAILABILITY OR RESULTS.
- PROPERTYGURU DOES NOT GUARANTEE THAT (I) PROPERTYGURU WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PROPERTYGURU WILL MEET YOUR EXPECTATIONS OR (V) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.
- PROPERTYGURU IS NOT RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY USER CONTENT OR THIRD-PARTY CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL CLAIMS, COURSES OF ACTION AND DAMAGES THAT ARISE FROM OR RELATE TO SUCH MATERIAL AND HEREBY WAIVE ANY SUCH CLAIMS, COURSES OF ACTION AND DAMAGES.
- PROPERTYGURU ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO OR ALTERATION OF USER COMMUNICATIONS. PROPERTYGURU IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY NETWORK OR SERVICE, COMPUTER SYSTEM, SERVER OR PROVIDER, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR ANY OTHER PERSON'S COMPUTER, MOBILE PHONE OR OTHER HARDWARE OR SOFTWARE RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE PLATFORM.
- UNDER NO CIRCUMSTANCES WILL PROPERTYGURU ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE PLATFORM, ANY USER CONTENT POSTED ON OR THROUGH THE PLATFORM OR ANY INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. YOU POST USER CONTENT ON THE PLATFORM AT YOUR OWN RISK.
- DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED THROUGH OR FROM PROPERTYGURU SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
- PROPERTYGURU RESERVES THE RIGHT TO CHANGE ANY AND ALL SITE CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN OR ON THE PLATFORM AND ANY SERVICES OFFERED THROUGH THE PLATFORM AT ANY TIME WITHOUT NOTICE.
- IN NO CIRCUMSTANCES SHALL PROPERTYGURU, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF PROPERTYGURU’S PLATFORM; (c) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PROPERTYGURU’S PLATFORMS, (e) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH PROPERTYGURU’S PLATFORMS BY ANY THIRD PARTY; AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE CUSTOMER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROPERTYGURU’S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF (a) THE AMOUNT (IF ANY) PAID BY YOU TO PROPERTYGURU FOR THE PLATFORM DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM(S) AROSE; OR (b) THE SUM OF ONE THOUSAND SINGAPORE DOLLARS (SGD$1,000). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND ANY SUCH LIMITATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO PROPERTYGURU FOR THE PLATFORM, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE PROPERTYGURU PARTIES, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- YOU SPECIFICALLY ACKNOWLEDGE THAT PROPERTYGURU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You acknowledge that PropertyGuru may establish general practices and additional limits concerning use of the Platform. You may be notified via e-mail or website posting. PropertyGuru may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You. You agree that all communications that PropertyGuru provides to You electronically satisfy any legal requirement that such communications must be in writing or must be delivered in a particular manner and You agree to keep Your account contact information up to date.
- Independent Contractors. You and PropertyGuru are independent contractors and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
- Entire Agreement. These Terms, the information provided to You and by You during the sign-up process and during the upgrade/downgrade of Your account and any other documents that are incorporated into these Terms by reference, constitutes the entire agreement between You and PropertyGuru and governs Your use of the Platform, superseding any prior agreements between You and PropertyGuru (including, but not limited to, any prior versions of these Terms).
- Choice of Law and Forum. These Terms will be governed and construed in accordance with the laws of Singapore and You hereby irrevocably accept the exclusive personal jurisdiction and venue of the courts of Singapore for the purpose of any suit, action or proceeding.
- Waiver and severability of terms. The failure of PropertyGuru to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such rights or provisions. If any provision of the Terms or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
- Force Majeure. PropertyGuru shall not be responsible to You as a result of any delay or default in carrying out its obligations hereunder that is due in whole or in part to an event beyond the control of PropertyGuru.
Last updated March 2023
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