Terms of Purchase

[Last Updated: 1 October 2018]

1. TERMS APPLICABLE TO ALL PURCHASES
1.1 General

1.1.1 By purchasing any product, service, package or subscription, including access to AgentNet or commercialguru.com.sg (the "Product"") from PropertyGuru Ltd ("PG"), You (the entity purchasing the Product) conclude a legally binding agreement with PG.

1.1.2 Section 1 (Terms Applicable to All Purchases) contains the overarching terms of the relationship between You and PG. Specific terms shall apply depending on the type of Product purchased. These terms are contained in the relevant sections in the Terms of Purchase referring specifically to the Product. In addition, PG may specify in writing that other terms (not contained in these Terms of Purchase) are nonetheless applicable to purchases of certain Products (the "Additional Terms"). Additional Terms may include but are not limited to the Privacy Policy, Terms of Service, Policy of Acceptable Use (as defined below), The Advertisement and Content Guidelines. The Additional Terms may be found on AgentNet, and You are advised to review these terms prior to using any Products, or entering into any transaction, on the Website or with PG.

1.1.3 You accept without limitation or qualification these Terms of Purchase and the Additional Terms. The Additional Terms shall be incorporated in these Terms of Purchase by reference, and shall collectively be referred to as the "Purchasing Terms".

1.1.4 In the event of any inconsistency between the Terms of Purchase and the Additional Terms, unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.

1.1.5 You agree that PG may amend/add/delete the Purchasing Terms at any time without liability and without notice to You. The amended/added/deleted Purchasing Terms will be made available on https://www.propertyguru.com.sg/customer-service/terms-of-purchase and will come into effect 10 days after being made available (the "Effective Date"). You are advised to check for amendments/additions/deletions to the Purchasing Terms regularly, prior to using any Products, or entering into any transaction, on the Website or with PG. Your use of the Website on or after the Effective Date shall constitute your agreement to the revised Purchasing Terms.

1.1.6 You understand that You must, at Your own cost, provide telecommunication services, computers and other equipment or services necessary to access any of the Products. You must comply with all the rules and regulations that apply to the means that You have used to access the Products (e.g. internet access).

1.1.7 The Purchasing Terms contain the entire understanding between PG and You and supersede any prior agreements, discussions and representations (including misrepresentations) between the parties, whether written or oral, regarding the subject matter contained herein.

1.1.8 Except as expressly set out in the Purchasing Terms, any person not a party to the Purchasing Terms shall acquire no rights whatsoever under the Purchasing Terms by virtue of the Contract (Rights of Third Parties) Act (Cap. 53B) or otherwise.

1.2 Definitions

1.2.1 Except where the context otherwise requires:

"Act" shall mean Estate Agents Act (Cap. 95A);

"Account" shall have the meaning set out in Section 1.3.7 and "Accounts" shall have the corresponding meaning;

"Additional Terms" shall mean, but not limited to, the Privacy Policy, Terms of Service, Policy of Acceptable Use (as defined below), The Advertisement and Content Guidelines;

"Advertisement" shall mean an advertisement placed by You through PG on an offline medium including but not limited to an offline Newsletter and "Listing" shall have the corresponding meaning;

"Agent" shall mean any individual who has purchased or been granted access to PG products or subscriptions as, or on behalf of agencies, or companies such as but not limited to real estate agencies, property developers and media agencies;

"AgentNet" shall mean https://agentnet.propertyguru.com.sg/ex_login;

"The Advertisement and Content Guidelines" shall mean https://agentnet.propertyguru.com.sg/ex_guidelines;

"Content" shall have the meaning set out in Section 3.3;

"Customer Content" shall have the meaning set out in Section 5.2.1;

"EDM" means the electronic direct mailer service provided by PG;

"Listing" shall mean an advertisement placed by You through PG on an online medium including but not limited to the Website;

"Marketing Content" shall have the meaning set out in Section 6.2;

"Newsletter" shall mean any newsletter that PG may make available through any online or offline medium from time to time, including without limitation,
PG's daily market news, agent handbook and property blog and "Newsletters" shall have the corresponding meaning;

"PG" means PropertyGuru Ltd;

"PG Content" shall have the meaning set out in Section 5.2.2;

"PG Research Data" shall have the meaning set out in Section 4.1;

"Policy of Acceptable Use" shall mean http://www.propertyguru.com.sg/customer-service/acceptable-use;

"Price" shall mean monetary consideration in exchange for Product;

"Privacy Policy" shall mean http://www.propertyguru.com.sg/customer-service/privacy;

"Product" shall mean any product, service, package or subscription, including access to AgentNet or commercialguru.com.sg and "Products" shall have the corresponding meaning;

"Purchase" shall have the meaning set out in Section 1.5.1;

"Purchasing Terms" shall mean the "Terms of Purchase" and the "Additional Terms";

"Terms of Purchase" shall mean this document;

"Terms of Service" shall mean http://www.propertyguru.com.sg/customer-service/terms-of-service;

"Validity Period" shall have the meaning set out in Section 1.3.1;

"Webpage" shall have the meaning set out in Section 5.1;

"Website" shall mean http://www.propertyguru.com.sg/, http://www.commercialguru.com.sg and their subsidiary web pages; and

"You" or "Your" shall mean the entity entering into the Purchasing Terms with PG.

1.3 Purchase of Product

1.3.1 In the event that You have purchased any Products (including a marketing services package) from PG, You understand that, unless otherwise specified by PG in writing, such Product is valid for 12 months from its date of purchase (the "Validity Period").

1.3.2 Each Product may entitle You to specified types and quantities of deliverables from PG. Notwithstanding any other provision in these Terms of Purchase, PG reserves the right to change the types and quantities of such deliverables at any time during the validity period.

1.3.3 In the event that at the expiry of the Validity Period, You have not fully utilised the Product that You have purchased, PG shall, unless otherwise specified in writing, forfeit the unutilised part of such Product without notice to You. You shall not be entitled to any refund for any unutilised part or compensation from PG as a result of such forfeiture.

1.3.4 If You decide to purchase another Product after the expiry of Your previous Product, You understand that any unutilised part of Your previous Product shall not be carried over to Your newly purchased Product.

1.3.5 The Product purchased by You is for your use only, and cannot be transferred to another user. You shall be liable for all transactions conducted using Your Product if you disclose or share your Product with another user.

1.3.6 All Products should be purchased either through the Website, or via an authorised sales agent of PG.

1.3.7 PG may grant You access to an AgentNet account (the "Account") for the purposes of managing the Product to which You are entitled to under the package. You understand that all use of the Account shall be subject to Section 8 below (AgentNet Access).

1.3.8 You are not to use the Product in any way that harms PG and its subsidiaries, affiliates, officers, agents or other partners, and employees, or any customer of PG or the Product or other users.

1.3.9 You shall not transfer, sublicense or assign any of your rights and obligations under the contract.

1.3.10 After the purchase of the Product, You are not allowed to transfer or exchange the Product with any other Products that PG carries in full or in part.

1.4 Price revisions

1.4.1 PG reserves the right to revise the Price of any of its Products at any time.

1.4.2 The revised Price will be published on the Website.

1.5 Payment and renewal of subscription

1.5.1 You will pay to PG all fees incurred in connection with the purchase of a Product (the "Purchase") through a payment method made available by PG from time to time. You acknowledge that PG is only obligated to activate or allow You to use Your Products upon Your approval of the purchase, which approval shall include review and approval of all Products in your sales order (including accepting the terms and conditions) and for all fees incurred in connection with the purchase of Products being made. You are solely responsible for any payment method that You have chosen.

1.5.2 If You have been issued with a sales order or e-mail confirmation with respect to Your Purchase, You shall adhere to the payment method, and payment due date, as set out in such sales order or e-mail confirmation.

1.5.3 If You are paying via cheque, You understand that proof of postage of the cheque is not proof of payment of fees. Fees are only deemed to be paid upon the cheque being cleared by any bank of PG’s choice. PG is not responsible for any loss of or damage to the cheque en-route to PG. You shall be liable to pay to PG any administrative fees incurred by PG if the cheque bounces.

1.5.4 In the event that You have made the Purchase from an authorised sales agent of PG, please ensure that the agent has issued You with an invoice upon making the necessary payment. PG shall not have the obligation to entertain any claims that are not supported by an invoice.

1.5.5 Late payment shall bear interest at an annual rate of 6% above the average prime lending rate of DBS Bank Ltd, or such other interest rate decided by PG at its sole discretion from the due date until it is paid in full.

1.5.6 All fees are exclusive of tax. You shall be responsible for the payment of all taxes, duties or levies in respect of the Purchase.

1.5.7 In the event that You fail to make payment of any fees due under the Purchasing Terms, You understand that PG shall be entitled to take such steps against You to recover any fees owed to PG. You agree to indemnify PG of all costs and expenses, including legal fees, which PG may reasonably incur in the taking of such steps.

1.5.8 PG may, from time to time, issue to You credits (including but not limited to advertising credits, ad-credits, re-listing credits, etc) that may be, where applicable, used to offset the fees payable for a certain Purchase. You will be notified, by way of a notification on AgentNet or by way of email to You, of the types of Products for which the credits may be used. PG reserves the right to vary the credits that may be used to offset the fees payable for a certain Purchase during the period of its validity and shall come into effect immediately. Any variation to the credits that may be used to offset the fees payable for a certain Purchase will be visible on AgentNet prior to You consuming any credits.
You understand that unless otherwise stated, all credits that are issued by PG shall be valid for 12 months from the date on which the credit is issued. Any credits that have not been utilised within this 12 month period shall be forfeited by PG without notice to You. You shall not be entitled to any compensation from PG as a result of such forfeiture. You understand that forfeited credits will not be carried over to any subsequent credit that may be issued to You by PG or purchased by You from PG.

1.6 Refund policy

1.6.1 An Agent may cancel a subscription within the first 30 days beginning from the date of the subscription, provided that the Agent is a first time subscriber to a PG subscription, and their subscription is to an entry level package that is defined as ‘basic’ or ‘standard’, by notifying PG of the cancellation by written notice, specifying details on (1) the method of refund and (2) Your details that are required for PG to process the refund (including but not limited to bank account number (if the refund will be processed by way of telegraphic transfer) or payee and method of postage (if the refund will be processed by way of cheque)). Pursuant to your notification, a full refund of payment will be paid by bank transfer to the bank account You have provided, or made to You by way of cheque with such cheque to be sent to or collected by the Agent. If you do not specify a method of postage, the cheque will be mailed to You via normal post. No refunds will be made for cancellations after the first 30 days of the subscription. No refunds will be made for optional add-ons or discretionary features including but not limited to credits.

1.6.2 Unless otherwise specified herein, there shall be no refund of any fees paid.

1.6.3 Please ensure that all information that You have provided for the purposes of obtaining a refund is true, accurate, and current. You agree that PG shall not be responsible for any loss or damages incurred by You as a result of PG’s inability to make a refund because of incorrect information provided by You.

1.6.4 You agree that PG's obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that You have provided. In the event that the refund is made by way of cheque, PG's obligation to You is fulfilled when the cheque is mailed or collected by You (as the case may be). In the event that You request for the cheque to be mailed to You via registered post or courier, You agree to PG deducting from the refund such amount necessary for the cost of mailing the cheque to You using Your desired method of postage.

1.7 Intellectual property rights

PG reserves all intellectual property rights in relation to any content and Product that it provides to You, including but not limited to the Website and the Newsletter, and any copyright and trade mark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. Nothing in this Terms of Purchase shall be construed or deemed as granting or providing to You any right, license, interest or permission to deal with any intellectual property of PG in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of PG’s intellectual property in an unauthorised manner.

1.8 Indemnities and limitation of liability

1.8.1 You agree, at Your own expense, to indemnify, defend and hold harmless PG, and its subsidiaries, affiliates, officers, agents or other partners, and employees, against any claim or demand, including attorneys' fees, made by any third party due to or arising out of:-
(a) the publication of Your Advertisement/Listing;
(b) the content of Your Advertisement/Listing;
(c) any material, product or service of provided by You, to which members of the public (including users of the Website) can access through Your Advertisement/Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
(d) Your violation of the Purchasing Terms.

1.8.2 Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within two (2) years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.

1.8.3 In no event shall PG’s aggregate liability for any claims under or pursuant to the Purchasing Terms exceed the aggregate fees actually paid by You for the preceding 12 months period at the point in time when the claim(s) is/are made against PG.

1.8.4 Notwithstanding any other provision in the Purchasing Terms and to the maximum extent permissible under applicable law, in no circumstances shall PG be liable for losses, direct and/or indirect, related to (1) content or the quality of the Advertisement/Listing; (2) disruptions or interruptions of the internet which affect the Advertisement/Listing; (3) errors or delays in PG providing the Product; (4) loss of the Agent’s data or Content; (5) damage, disruption or injury to the Agent’s PG page or website, and/or (6) any delay or failure in performance due to or caused by events beyond the reasonable control of PG, regardless of whether such loss or damage was reasonable foreseeable or PG knows or has previously been advised of the possibility of such loss or damage.

1.9 Disclaimers

1.9.1 You expressly understand and agree that:
(a) Your use of any Product is at Your own risk. Such Product is provided by PG on an "as is" basis. PG expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;

(b) PG makes no warranty that:-

(i) its services will meet Your requirements;

(ii) its services will be uninterrupted, timely, secure and error-free;

(iii) its services will be accessible at any time or at all times via the channel selected or used by You;

(iv) the quality of any services, information or other material purchased or obtained by You through its services will meet Your expectations;

(v) any errors in the services will be corrected; and

(vi) the information provided on the Website is accurate.

1.9.2 For the avoidance of doubt, no advice or information, whether oral or written, obtained by You from PG or its employees, agents or through or from the services shall create any warranty not expressly stated in the Purchasing Terms.

1.10 Use of personal information

1.10.1 You acknowledge that PG may collect Your personal information. Such information includes without limitation Your name, photograph, email address, telephone number and address.

1.10.2 PG shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.

1.10.3 You agree that even after the completion of any transaction between You and PG, PG is entitled to use Your personal information for the purposes of
publicising PG's products and services to You or contacting You to obtain feedback.

1.10.4 All personal data about You is subject to our Privacy Policy (http://www.propertyguru.com.sg/customer-service/privacy). This Privacy Policy is deemed incorporated into the Terms of Purchase by reference to this Section 1.10.

1.11 Termination

1.11.1 PG may terminate the Purchasing Terms without prior notice. Cause for such termination shall include without limitation:-

(a) You being declared insolvent or bankrupt;

(b) failure to make any payment that is due under the Purchasing Terms;

(c) request by law enforcement or other government agencies;

(d) failure to comply with the Purchasing Terms;

(e) infringement of intellectual property rights of others;

(f) discontinuance or material modification to the services of the Website or part thereof; or

(g) unexpected technical or security issues or problems.

1.11.2 You further understand that a termination of the Purchasing Terms shall result in a termination of Your access to the Product that You have purchased. PG shall be under no obligation to refund You the whole or any part of any fees paid by You in advance. In addition, You are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Purchasing Terms in accordance with its terms.

1.11.3 Termination of the Purchasing Terms shall be without prejudice to any other rights or remedies PG may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

1.12 Enforcement

1.12.1 The Purchasing Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

1.12.2 The failure of PG to exercise or enforce any right or provision of the Purchasing Terms shall not constitute a waiver of such right or provision. If any provision of the Purchasing Terms 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 Purchasing Terms remain in full force and effect.

1.13 Contact us

Unless otherwise stated herein, all notifications to PG pursuant to the Purchasing Terms shall be sent via e-mail to custcare@propertyguru.com.sg.

2. Floor Plans

2.1 Section 2 (Floor Plans) shall apply to existing floor plan credits issued to You by PG which exist as of [date] and the floor plan credits that You have purchased as of [date].

2.2 PG makes no warranty that the floor plan will be accurate, update and current. In particular, You understand that renovation undertaken by lessee or owner of the property will not be shown on the floor plan.

2.3 PG will notify You if it is unable to provide You with the purchased floor plan. If that happens, Your floor plan credit will be refunded to You.

2.4 You are responsible for providing accurate information in purchasing the floor plan. No refund will be granted if the address of the floor plan or if Your contact details are incorrect.

2.5 You represent and warrant that You will not:-

2.5.1 use the floor plan for any purpose, activity, or in any manner, that is criminal, illegal or actionable;

2.5.2 conceal or remove any trademarks, intellectual property rights, or rights management notices that has been placed by PG on the floor plan;

2.5.3 engage in any commercial sale of the floor plan; and

2.5.4 all uses of the floor plan shall be in adherence to the Policy of Acceptable Use.

3. Marketing services

3.1 Section 3 (Marketing Services) shall apply to all forms of marketing services that may be provided by PG from time to time. Such marketing services shall pertain to Listings or Advertisements.

3.2 Depending on the type of marketing service that You have purchased, a Listing or an Advertisement (as the case may be) may pertain to the advertisement or promotion of:-

3.2.1 Your services as a real estate sales person;

3.2.2 the sale or rental of real property, both commercial and residential; or

3.2.3 any other services or products that PG may allow You to advertise or promote from time to time, including, without limitation, relocation services, and home and office furnishing services.

3.3 For the purposes of this Section 3 (Marketing Services), "Content" shall mean the content of a Listing or an Advertisement (as the case may be) and any other content and instructions supplied by You to PG, that are reasonably required by PG in order to publish the Listing or Advertisement, as the case may be.

3.4 Please check the Website, sales order, invoice, e-mail confirmation (if any) or with PG for the particulars of the Advertisements/Listings to which You are entitled.

3.5 Submission of Content:

3.5.1 All Content should be submitted to PG through the methods specified by PG before the date of placement of the Listing/Advertisement.

3.5.2 However, if Your marketing services package allows for Listings to be placed immediately after submission on the Website, You may submit Your Content to the Website at any time. In the event that You are unable to submit the Content through the Website, or if PG has so instructed, please send the Content to PG via e-mail to custcare@propertyguru.com.sg or via such method that PG may specify.

3.5.3 All Content should be submitted in the file format specified by PG.

3.5.4 If You are sending Content via e-mail or post, please indicate the following information about Yourself:-

(a) name;

(b) company;

(c) date of placement of Advertisement/Listing; and

(d) sales order reference number (if any).

3.5.5 You understand that PG may in its sole discretion reject Your Advertisement/Listing, or subject to You paying to PG such administrative fees that PG may stipulate, postpone the placement of Your Advertisement/Listing to the next available timing, if You do not:-

(a) provide the information set out in Section 3.5.4;

(b) submit the Content in the prescribed format; or

(c) submit the Content by the deadline prescribed by PG.

3.5.6 You warrant that:-

(a) all Content submitted by You to PG is not confidential; and

(b) all Content submitted by You to PG does not violate the right of any third party including but not limited to contractual rights, copyright, trademark, privacy or other personal or proprietary right(s).

3.6 Placement of Advertisement/Listing

3.6.1 The acceptance of payment by PG pursuant to Your purchase of a marketing services package shall not be deemed to be an undertaking by PG to accept any Advertisement/Listing. PG reserves the right to approve or reject any Advertisement/Listing at its sole discretion without providing reasons to You. PG retains full discretion to the placement of any Advertisement/Listing.

3.6.2 You understand that the placement, positioning and presentation of an Advertisement/Listing is at the discretion of PG, and that PG, in its absolute discretion, may from time to time change how the Advertisement/Listing is placed, positioned and presented.

3.6.3 You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is published or repeated. PG is not obliged to accept any requests to correct errors after the Advertisement/Listing is published or repeated and You shall be solely and fully responsible for such errors.

3.6.4 You understand that PG does not undertake to review the Content. The publication of any Advertisement/Listing will not be deemed to constitute an acceptance by PG that such Advertisement/Listing complies with the Purchasing Terms and the Policy of Acceptable Use.

3.6.5 In submitting the Content for the placement of an Advertisement/Listing, You represent and warrant that:

(a) You have abided by PG's Policy of Acceptable Use and Terms of Service (where applicable);

(b) You have the right to publish the Content without infringing the rights of any third party and without violating any law, in particular, that You have not used photographs provided by other users of the Website unless such photographs are provided under shared photographs;

(c) no photograph in the Content contains the watermarked logo or name of any of PG's competitors;

(d) You have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws, contained in the Advertisement/Listing, if any;

(e) the Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;

(f) with respect to Listings posted through AgentNet, each Listing pertains to only one specific real property;

(g) You are a licensed housing developer under the Housing Developers (Control and Licensing) Act (Cap. 130), if You are placing the Advertisement/Listing in Your capacity as a housing developer;

(h) You are a licensed sales person under the Act, if You are placing the Advertisement/Listing in Your capacity as a real estate sales person, and that You have complied with the Act and the Estate Agents (Estate Agency Work) Regulations 2010 (Cap. 95A S 644/2010); and

(i) You have complied with all applicable laws, rules and regulations in the placement of the Advertisement/Listing, whether in the jurisdiction in which the Advertisement/Listing is placed, or the jurisdiction in which the targeted audience of the Advertisement/Listing resides.

3.6.6 With regard to any third party websites that may be linked through the Content, You shall ensure that the third party website is relevant to the Content, and that the third party website is not a website providing auctioneering or advertising services.

3.6.7 You hereby grant PG, including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct any Content.

3.6.8 You shall ensure that all Listings are placed in categories that best describes the services that You are providing. PG reserves the right to re-locate the Listing to the correct category. For example, a Listing concerning the sale of a property should be placed under the ["for sale"] category, while a Listing concerning the rental or the letting of a property for rental should be placed under the ["for rental"] category.

3.6.9 PG reserves the right to remove any Advertisement/Listing that does not comply with the Purchasing Terms, or upon request by law enforcement or government agencies, without providing reasons or prior notice to You.

3.6.10 You understand that PG may from time to time make changes to the format and layout of its Newsletter or Website without prior notice to You. This may result in changes to the format or layout of Your Advertisement/Listing. However, PG shall not make any changes to the content or size of Your Advertisement/Listing.

3.6.11 You may, at any time, request that PG withdraw any Advertisement/Listing that has been published. However, PG is not liable to refund to You any fees or Products that You have paid for the withdrawn Advertisement/Listing. You understand that in certain circumstances, a withdrawal of a published Advertisement/Listing is not feasible (e.g. where an offline Newsletter has been published). Where PG is agreeable to withdraw the published Advertisement/Listing, PG shall be entitled to charge You administrative fees (at its sole discretion) for such withdrawal.

3.6.12 The use of HTML tags, bots or any means other than those provided on the Website is a violation of the Purchasing Terms and may result in PG deleting Your Listing. Continued violation of this Section may result in suspension or termination of Your Account and forfeiture of the remainder of Your marketing services package.

3.6.13 Listings should only be posted via AgentNet directly by the authorised user of AgentNet. The use of third party services or third party software to post listings is strictly prohibited and is a violation of the Purchasing Terms and may result in PG deleting Your Listing. Continued violation of this Section may result in suspension or termination of Your Account and forfeiture of the remainder of Your marketing services package.

3.7 Use of Content:

3.7.1 You grant to PG an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or PG's marketing or distribution or placement of Advertisement/Listing on other mediums other than the Website or the Newsletters.

3.7.2 You understand that PG may use Your name and photograph (if any) for the purposes of PG's marketing or distribution activities.

3.8 You shall indemnify and hold harmless PG and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the publication of the Content.

4. Data/ Research products

4.1 Section 4 (Data/Research Products) pertains to Products of PG that allow You to access data, statistical information and analyses of data pertaining to real estate trends in Singapore (for the purposes of this Section 4 (Data/Research Products), (the "PG Research Data"). PG Research Data may be made available via the Website, Newsletter, or any other medium as may be determined by PG from time to time.

4.2 Pursuant to discussions with You, PG may provide to You customised data/research products, in accordance with Your preferences or requirements that You have conveyed to PG.

4.3 Restrictions of use of PG Research Data:

4.3.1 The contents of PG Research Data shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written consent of PG.

4.3.2 In the event that You wish to distribute the PG Research Data or use the PG Research Data in any way, You should submit Your request to PG in writing, stipulating the PG Research Data that You intend to use, intent of use, manner of use, time frame of use and identity of the user. You understand that PG is not obliged to accept Your request.

4.3.3 You may view, download and print the PG Research Data if:-

(a) the PG Research Data is used solely for Your internal business purposes or personal use (as the case may be), and is not distributed to a third party;

(b) no alterations, additions or modifications are made to the PG Research Data; and

(c) due acknowledgement is given to PG and citing the sources for the relevant data extracted.

4.3.4 Where reproduction of the PG Research Data is permitted, You must ensure that no analysis or transformation of the PG Research Data may be presented in a manner which suggests or is likely to lead to the belief that the analysis or transformation of the PG Research Data is attributable to PG.

4.3.5 You must not use the PG Research Data for purposes deemed to be inappropriate and/or misleading. Such instances include, but are not limited to:-

(a) presenting the PG Research Data in a misleading or incorrect manner, or misrepresenting the data; or

(b) using the data to promote or support any illegal activities.

4.3.6 Your use of the PG Research Data shall adhere to the Policy of Acceptable Use.

4.4 PG owns all intellectual property rights in the PG Research Data. PG hereby grants You a non-exclusive and revocable license to use the PG Research Data for Your internal business purposes or for personal use, as the case may be).

4.5 The PG Research Data should not be used for any official or commercial purpose or as a substitute for professional advice. It is provided “as is” and PG gives no warranty as to its accuracy. PG shall not, in any event, be liable for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from Your use of the valuation provided. It is reasonably expected that You should seek professional advice before entering into any transaction.

4.6 PG reserves the right to modify, alter or withdraw the PG Research Data at any time, for any reason whatsoever, without notice to You.

5. Website creation services

5.1 Section 5 (Website Creation Services) shall apply to all Products allowing for the building and/or customisation of a webpage (the "Webpage") based on a template provided by PG. You understand that the Webpage is built or customised for You, and You shall be solely responsible for the maintenance of the Webpage.

5.2 Intellectual property rights:-

5.2.1 You shall own all intellectual property rights in the content that You have supplied for the purposes of the Webpage for the purposes of this Section 5 (Website Creation Services) (the "Customer Content"). You hereby grant to PG a non-exclusive, perpetual and irrevocable license to use the Customer Content for PG's marketing purposes.

5.2.2 PG owns all intellectual property rights in the webpage templates and any other content/material (for the purposes of this Section 5 (Website Creation Services), collectively the "PG Content") that it provides to You for the purposes of building and/or customising the Webpage. PG grants to You a non-exclusive and revocable license to use the PG Content for the purposes of creating and maintaining Your Webpage.

5.2.3 You acknowledge that You have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.

5.3 You represent and warrant that:

5.3.1 You have the right to publish the Customer Content without infringing the rights of any third party and without violating the law;

5.3.2 the Customer Content abides by PG's Policy of Acceptable Use;

5.3.3 the Customer Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;

5.3.4 You are a licensed housing developer under the Housing Developers (Control and Licensing) Act (Cap. 130) or a licensed sales person under the Act as the case may be; and

5.3.5 You have complied with all applicable laws, rules and regulations in the publication of the Customer Content.

5.4 Disclaimers:

5.4.1 PG will not be responsible for the accuracy and/or functionality of the Customer Content in the form in which it is provided to PG or as modified upon and in accordance with Your instructions for inclusion on the Webpage.

5.4.2 PG will not be responsible for Your failure to provide any services being promoted on the Webpage.

5.4.3 You understand that PG does not undertake to review the Customer Content. The inclusion of the Customer Content by PG on the Webpage or the continuous availability of the Webpage to members of the public will not be deemed to constitute an acceptance by PG that such Webpage, Customer Content and any third party websites linked through the Webpage complies with the Purchasing Terms and the Policy of Acceptable Use.

5.5 PG reserves the right to takedown or remove access to any Webpage that does not comply with the Purchasing Terms, without notice or liability to You.

5.6 You shall indemnify and hold harmless PG and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content, including but not limited to the posting and/or transmission of Customer Content on the Webpage.

6. EDM and SMS campaign

6.1 Section 6 (EDM and SMS Campaign) shall apply to all Products relating to the conduct of marketing services via EDM or SMS, as may be provided by PG from time to time.

6.2 For the purposes of this Section 6 (EDM and SMS Campaign), "Marketing Content" shall mean the content of an EDM or SMS and any other content and instructions supplied by You to PG, that are reasonably required by PG in order to send the EDM or SMS.

6.3 You shall be responsible to check and endorse all Marketing Content and the accuracy and veracity of the same before it is sent. PG is unable to retract any Marketing Content that is sent.

6.4 You represent that:-

6.4.1 the Marketing Content abides by PG's Policy of Acceptable Use;

6.4.2 You have the right to disseminate the Marketing Content without infringing the rights of any third party and without violating any law;

6.4.3 the Marketing Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;

6.4.4 You are a licensed housing developer under the Housing Developers (Control and Licensing) Act (Cap. 130) or if You are disseminating the Marketing Content in Your capacity as a housing developer;

6.4.5 You are a licensed sales person under the Act and if You are disseminating the Marketing Content in Your capacity as a real estate sales person, that You have complied with the Act and the Estate Agents (Estate Agency Work) Regulations 2010 (Cap. 95A, S 644/2010); and

6.4.6 You have complied with all applicable laws, rules and regulations in the dissemination of the Marketing Content.

6.5 You grant to PG, including its employees, sub-contractors or agents, a non-exclusive and non-transferable licence to edit, amend or otherwise correct the Marketing Content prior to dissemination.

6.6 You understand that PG does not undertake to review the Marketing Content. The dissemination of the Marketing Content will not be deemed to constitute an acceptance by PG that such Marketing Content complies with the Purchasing Terms and the Policy of Acceptable Use.

6.7 You shall indemnify and hold harmless PG and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Marketing Content, including but not limited to the dissemination of the Marketing Content.

7. Newsletter Subscription

7.1 Section 7 (Newsletter Subscription) shall apply to all subscriptions to Newsletters that PG may publish from time to time.

7.2 Please ensure that all personal information that has been provided in the subscription of the Newsletter is true, accurate and current. PG is not liable for Your failure to receive the Newsletter if such failure of receipt is due to an error in the personal information that You have provided.

7.3 In the event that You have subscribed for an online Newsletter, You shall be responsible for ensuring that the Newsletter gets to Your inbox, for example, by adding emails from PG to a "safe" list.

7.4 In the event of a change in Your personal information, please notify PG of such change through such methods specified by PG as soon as possible, to ensure that You do not experience a disruption in Your receipt of the Newsletter. All changes to personal information shall take effect within five (5) business days from the date on which PG is notified. PG is not liable for Your failure to receive the Newsletter prior to the date on which the change to Your personal information takes effect.

8. AgentNet access

8.1 This Section 8 (AgentNet Access) shall apply to all Accounts for the purposes of this Section 8 (AgentNet Access).

8.2 The Account is a personal account and may only be accessed by one user.

8.3 The Account cannot be transferred to another user. You shall be liable for all transactions conducted using Your Account if You disclose or share Your Account with another User.

8.4 You acknowledge that You are fully responsible for:-

8.4.1 maintaining the confidentiality of Your password; and

8.4.2 all activities that occur under Your Account.

8.5 PG reserves the right to access Your Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to You.

8.6 Your Account will only be activated when the Product that You have purchased has been fully paid for, and such payment has been verified by PG.

8.7 You understand that the Website may, from time to time, be undergoing maintenance and/or servicing. During such period, the Website and consequently, the Account, will be inaccessible.

8.8 All activities occurring under Your Account must be in compliance with the Policy of Acceptable Use and with all applicable laws, rules and regulations.

8.9 PG reserves the right to delete any Listing in Your Account that appears to be a test posting, recruitment, false, or otherwise insincere or non-serious Listing, without notice to You.

8.10 PG may, under certain circumstances and without prior notice to You, at its sole discretion, immediately terminate, or suspend for such period as PG may determine, Your Account and access to the Product that You have purchased. Cause for termination and suspension shall include without limitation:-

8.10.1 breaches or violations of the Purchasing Terms;

8.10.2 request by law enforcement or other government agencies;

8.10.3 self-initiated Account deletions;

8.10.4 infringement of intellectual property rights of others;

8.10.5 discontinuance or material modification to the services of the Website or part thereof;

8.10.6 unexpected technical or security issues or problem; or

8.10.7 extended periods of inactivity.

8.11 Termination or suspension of Your Account shall result in:-

8.11.1 removal of access to and barring of further use of all offerings of the Website and the Product;

8.11.2 forfeiture of all unutilised parts of the Product that You have purchased; and

8.11.3 deletion of Your password and all Account related information, files, and content associated with or inside Your Account (or part thereof).

8.12 Termination of Your Account shall be without prejudice to any other rights or remedies PG may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.