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TERMS AND CONDITIONS OF USE OF REDAS.COM WEB SITE ('THIS SITE') |
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| By using or accessing this Site or any of its pages (hereinafter collectively referred to as 'this Site', you are confirming your agreement to be bound by the following terms and conditions (hereinafter referred to as 'the Terms') which may be changed, updated or otherwise amended from time to time. Please do not access this Site if you do not wish to be bound by the Terms or any part thereof. | ||
| The terms 'you' or 'user' refers to any person who accesses this Site whether or not registered as a member of the Real Estate Developers' Association (herein after referred to as 'Redas') or an internet member with Redas.com Pte Ltd. Redas and Redas.com Pte Ltd shall hereinafter collectively be referred to as 'us', 'we' or derivations thereof and which terms shall include officers, employees, agents, contractors or directors of Redas or Redas.com Pte Ltd. | ||
| Any amendment of the Terms will be posted on this Site and continued use of this Site thereafter constitutes your acceptance of the amendment. | ||
| 1. | COPYRIGHT, TRADE MARK AND RELATED RIGHTS | |
| 1.1 | The contents of this Site, including but not limited to text, listings, software, pictorial representations (which includes photographs, maps, graphics, illustrations, artwork, virtual/3D images, videos), music, sound, names, logos, trade and service marks, links and other materials (herein after referred to as 'the Materials') are protected by copyright and other laws in both Singapore and elsewhere. Copyright, trade marks and other intellectual property rights in the Materials including rights relating to the design of the pages, layout and selection of the Materials, belong to us unless otherwise stated. | |
| 1.2 | You are allowed to view and download a copy of the Materials on this Site solely for your personal, non-commercial use. You are strictly prohibited from selling, modifying, reproducing, displaying, publicly performing, distributing or otherwise using the Materials in any way for any public or commercial purpose without our written permission. Our permission for you to use the Materials shall automatically terminate if you breach any of the Terms and you must immediately destroy any copies you have made of the Materials. | |
| 1.3 | We do not warrant or represent that your use of the Materials will not infringe the rights of third parties not owned by us. | |
| 2. | USE AND STATUS OF THE MATERIALS | |
| 2.1 | The Materials and your eligibility to participate in or to use any facility (which includes any directory, listing, programme, search engine, service, scheme or contest and which shall hereinafter be referred to as 'Facility') made available on this Site are subject to change from time to time. All pictorial representations are to be treated as indicative and/or as artists' impressions only and all numerical quantifications, calculations, measurements and specifications whether included in text or pictorial representations or derived from using a programmed apparatus or sequence (which terms include calculators and templates) made available to you on this Site, are approximate, subject to adjustment and/or purely indicative. | |
| 2.2 | We do not endorse or guarantee the accuracy, authenticity, adequacy, applicability, timeliness, completeness or reliability of any of the Materials on this Site or any opinion expressed by others. Unless otherwise expressly stated, nothing in this Site shall form part of an offer or contract or be construed as any representation by any party or as legal or professional advice. If you rely on any of the Materials to the extent of changing your legal and/or financial position, you do so at your own risk. | |
| 2.3 | We cannot nor do we attempt to control Materials provided by other users which are made available on or through this Site. As the Materials contributed by others may be offensive, harmful, inaccurate, obsolete, deceptive or unlawful, we expect you to exercise caution, common sense and proper judgment when using this Site. | |
| 2.4 | We may at our sole discretion and at any time, suspend or terminate access to this Site or any part thereof, with or without notice. | |
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3. |
USE OF FACILITIES AND THE POSTING OF INFORMATION BY YOU | |
| 3.1 | For the purpose of the Terms, to 'post' materials on this Site includes to upload, transmit, communicate, disseminate, distribute, make available, display, publish, provide links to any materials or to knowingly assist in the doing or to offer to do any of these acts. 'Postings' shall accordingly refer to materials posted by way of any of these acts. | |
| 3.2 | Where you are entitled to use any of the Facilities made available on this Site or to post materials on or through this Site, you agree not to:- | |
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a. impersonate any person or entity, misrepresent any affiliation with any person or entity, falsify or delete any Materials posted, to create false addresses or materials, whether by misappropriating the use of handles, nicknames, nicks, user-ids or otherwise; b. post any content that is defamatory, sacrilegious, offensive, unlawful, false, misleading or that harasses, threatens harm or detriment on any person, violates his privacy or is in the nature of chain letters, pyramid schemes, spam, junk email or that is otherwise objectionable; c. post any material that inhibits our administration of and use by others of this Site or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, surreptitiously intercept any system, data or personal information or that limits the functionality of any computer software or hardware or telecommunications equipment or do anything to undermine the security, integrity or operation of this Site and the Materials; and d. cheat, commit fraud or otherwise contravene any Singapore laws which may be in force from time to time, including but not limited to any applicable Code of Practice or Regulation relating to electronic communications or the Internet. |
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| 3.3 | It is your responsibility to ensure that the materials you post do not breach the Terms. We do not and are under no obligation to monitor the materials you post and our role is merely to provide access thereto. You acknowledge that the Internet is not a secure environment and that others may read, view and/or download the material you post without your knowledge. We thus expect you to exercise caution, common sense and proper judgment when posting any personal identifying information about yourself, the people or entities you know or any sensitive or confidential information. | |
| 3.4 | We may at any time at our sole discretion remove, edit, refuse to post, block access to or take some other course of action with respect to the whole or part of the materials you post, if we have a reasonable suspicion or belief that you are in breach of the Terms. We are under no obligation to determine conclusively that you are indeed in breach of the Terms before taking any such action. | |
| 3.5 | Subject to our Privacy Policy, you agree to grant to us the non-exclusive, worldwide, perpetual, royalty-free right together with the right to sublicense through multiple tiers to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available, perform and display (in whole or in part) your Materials, and/or to incorporate your Materials in other works in any form, media, or technology now known or later developed. | |
| 4. | REGISTRATION OBLIGATIONS AND TERMINATION | |
| 4.1 | You have the option to register with us to be a member of this Site. Users will not have equal access to the Materials, Facilities and Schemes (as defined in Clause 10). Registration and your membership package determines the level of access you will be granted to this Site. | |
| 4.2 | Upon submitting your registration form, you warrant that all information you are required to furnish about yourself or company, as the case may be, is at all times true, accurate, current and complete. If you have registered with us on behalf of a company or other entity, then you warrant that you are authorised to bind such company or other entity to the Terms. If you are an individual, you warrant that you have legal capacity to bind yourself to the Terms. You further undertake to maintain and update your membership records as soon as any change occurs. | |
| 4.3 | You have the sole responsibility of maintaining the confidentiality of your Member ID and Password that we issue to you upon registration. You agree to maintain the integrity of this Site and of the Materials by exercising proper judgment and following standard good practice. If it comes to your attention or you suspect that there has been unauthorised use of your Member ID or Password or any other security breach, you undertake to inform us immediately. | |
| 4.4 | We may at our sole discretion temporarily or indefinitely suspend or terminate your membership of and access to this Site or any part thereof, if we have a reasonable belief or suspicion that you are in breach of the Terms or if we are unable to verify or authenticate any information you have furnished. We are under no obligation to determine conclusively that you are indeed in breach of the Terms before taking any such action. | |
| 4.5 | We reserve the right to charge or vary any fee in relation to the registration of membership of this Site or for the use of any facilities, service, programme, scheme or of other Materials on this Site, upon giving you fourteen (14) days' notice by way of posting the information on the fees chargeable or varied on the Home Page of this Site. | |
| 5. | HYPER LINKS | |
| This Site includes links to web sites maintained by others (hereinafter referred to as 'third-party sites'). We do not endorse or make any representations whatsoever as to the content of third-party sites included in this Site whether or not we created the link. You have sole responsibility for the consequences of accessing these third-party sites through the links included in this Site. | ||
| 6. | NOTICE OF DISCLAIMER | |
| 6.1 | We provide the use of this Site on an 'as is' and 'as available' basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to any warranty that:- | |
| a. | your use of this Site will be error-free, free from computer viruses, secure, timely, uninterrupted or will meet your requirements; or | |
| b. | any material you download from this Site or otherwise obtain through the use of this Site will not cause damage to or impede the functions of your computer system or result in loss of data; or | |
| c. | the results obtained from the use of or the outcome of your participation in any facility made available on or through this Site will be accurate or reliable; or | |
| d. | the products or services made available on or purchased through this Site or drawn to your attention by any Merchant (as defined in Clause 10) will meet your expectations or are authentic, reliable, merchantable, fit for a particular purpose or may be legally purchased or used; or | |
| e. | the Materials are accurate, authentic, adequate, applicable, timely, complete or reliable. | |
| 6.2 | None of the Materials or any statement made on or obtained through this Site or any oral or written communication between you and us (including email or any other electronic communication) shall create or give rise to any warranty unless expressly stated in the Terms. | |
| 7. | EXCLUSION AND LIMITATION OF LIABILITY | |
| We are not liable under any circumstances, for any claims, expenses, losses or damages (including but not limited to direct, indirect, special, incidental, consequential or exemplary damages) whether based on contract, tort (including negligence) or any other legal cause of action, even if we have been advised of the possibility of such claims, expenses, losses or damages. Any liability arising from or in connection with the following are expressly excluded:- | ||
| a. | your reliance on or use of any of the Materials, facility or Scheme (as defined in Clause 10) included in this Site; | |
| b. | your use of or inability to use this Site due to technical failures or otherwise; and | |
| c. | unauthorised use of your membership account and/or password; and | |
| d. | your dealings with any third party including Merchants on or through the use of this Site. | |
| Our liability to you or any third party is in any event limited to the sum of S$100. This Clause shall take effect to the fullest extent permitted by law. | ||
| 8. | INDEMNITY | |
| You agree to defend, indemnify and hold us harmless against all claims, expenses (including legal expenses and those of other professionals), loss, damages of any nature whatsoever and howsoever made or incurred by a third party as a result of or in connection with your breach of any of the Terms, your posting of any materials, your inability to access this Site (or any part thereof), your violation of any third party rights or any harm or detriment caused by you to a third party. In the event we are required to defend any claims made by third parties, you agree to cooperate and assist in mounting and sustaining our defence to the best of your ability including furnishing to us all relevant evidence in your possession. | ||
| 9. | PRIVACY POLICY | |
| We consistently take reasonable steps in accordance with our Privacy Policy, which is incorporated into the Terms by reference, to ensure that the personal information you provide to us will be kept secure from unauthorised access. We strongly encourage you to read our Privacy Policy & Internet Safety Information (link to Policy). | ||
| 10. | DEALINGS WITH PARTICIPATING SUPPLIERS, ADVERTISERS, BANKS, VALUERS & OTHER SERVICE PROVIDERS ('MERCHANTS') | |
| 10.1 | From time to time, this Site may present opportunities for you to purchase or acquire goods or services or to participate in schemes, at competitive prices, rates and/or terms offered by Merchants. You agree that this Site is only a venue similar to a marketplace for users and Merchants to locate people to trade with and that we are not agents of the Merchants. We are neither involved in nor liable in any way for your dealings with the Merchants or for the consequences arising there from, particularly if you decide to enter into legal relations with them. We shall not be liable to you if the Merchants fail to honour the prices, rates and/or terms offered by them. | |
| 10.2 | All Materials on this Site are invitations to treat only and do not constitute offers to contract. The content of all schemes, offers and other invitations to treat, including but not limited to auctions, purchasing cycles, schemes incorporating fluctuating prices and/or rates or schemes revolving around the numbers of participating users made or offered by Merchants (herein after collectively referred to as 'Schemes') are subject to change or even withdrawal at our sole discretion without prior notice. We are under no obligation to keep you updated on your participation in any Scheme or your dealings with any Merchant. | |
| 10.3 | Your dealings with Merchants are at your own risk and you accept full and sole responsibility for any consequences arising there from. Your eligibility for the purchase or acquisition of the goods or services is subject to the relevant Merchant's determination and acceptance. | |
| 10.4 | We reiterate that we do not endorse, support, warrant or guarantee the accuracy, authenticity, adequacy, availability, timeliness, completeness, reliability, merchantability, fitness for a particular purpose or legality of any goods, service or Scheme posted or made available on or through this Site. While we take all reasonable steps to ensure that Merchants are reliable, we do not endorse, support, warrant or guarantee that they in fact are or that they will fulfill or perform their contractual or other obligations to you. The Terms relating to the exclusion and limitation of our liability to you and to your indemnity to us, shall continue to apply to your dealings with Merchants. | |
| 10.5 | Additional terms marked 'Legal Notice' relating to any Scheme or to your dealings with any Merchant posted anywhere on this Site are incorporated into the Terms by reference. | |
| 10.6 | You agree to adhere to the following guidelines when purchasing any goods, service or when participating in any Scheme:- | |
| a. | Communicate with a Merchant or participate in a Scheme only if you are serious about purchasing any of the goods or services. | |
| b. | Exercise caution and proper judgment at all times. | |
| c. | If you decide to contract with a Merchant, do note that the Merchant may require you to satisfy certain requirements, to execute certain documents, submit to any policies or administrative procedures it may have in place before a binding contract is created. Further, there may be laws and other regulations governing your dealings with the Merchant and which may determine your eligibility to transact with or your rights and obligations vis a vis the Merchant or a third party. If in doubt, always seek independent legal advice. It is your sole responsibility to make enquiries with the Merchant and other relevant parties to ascertain your rights and obligations. | |
| d. | Treat your initial communication with a Merchant confirming an order for any goods or services or confirming your participation in a Scheme as constituting an offer to contract with the Merchant. Once the Merchant accepts your offer, you may not retract it without the consent of the Merchant. Your offer and the Merchant's acceptance of it constitutes a binding contract. | |
| e. | Some Schemes included in this Site may require you to register in order to participate, regardless of whether you have been registered as a member with us. Upon registering, you will be issued a user-id and password which may be different from your Member ID and Password. Do not disclose or share this information with any third party or use this information for any unauthorised purpose. | |
| f. | Do not use any false pretense, secondary account, third party or any other means to manipulate the outcome of a Scheme. | |
| g. | When participating in any Scheme or dealing with any Merchant, check the status of your participation, application, order or other request regularly at this Site or with the relevant Merchant. | |
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11. |
FORCE MAJEURE |
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| We are not liable for any delays, omissions or failures in the performance of our obligations under the Terms if such delay, omission or failure is the result of acts of God, acts of war, civil unrest, states of emergency, industrial disputes or unrest, material shortages or rationing, law or governmental regulations, failures or interruptions in the supply of utilities or in respect of any telecommunication or information system or any other cause beyond our reasonable control. | ||
| 12. | NO AGENCY | |
| No agency, partnership, joint venture, relationship of employer-employee or master-servant is intended or created between you and us by the Terms or your use of this Site. We shall at all times be independent contractors. | ||
| 13. | NOTICES | |
| 13.1 | All notices and other communications from us to you may be conducted by email to the email address you furnished to us during registration or that you furnished when prompted to do so in the course of using any of the facilities made available on this Site, unless otherwise stated in writing. Notice is deemed given twenty-four (24) hours after email is sent. We may also choose to give you notice by registered post to the address you furnished during registration, in which case notice is deemed given three (3) days after the date of posting. | |
| 13.2 | It is your sole responsibility to ensure that your electronic mailbox is in proper working order for any communications with us or Merchants. You are liable for any resulting damage, expense, loss, risk from or other consequence of any failure in the operation of your electronic mailbox. | |
| 14. | ASSIGNMENT | |
| Your rights or obligations under the Terms may not be assigned either in whole or part without our prior written consent. We, however, reserve the right to assign our rights or obligations under the Terms. | ||
| 15. |
GOVERNING LAW, WHOLE
AGREEMENT, MISCELLANEOUS |
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| 15.1 | The Terms constitute the entire agreement between you and us and govern your use of this Site. Any prior written or oral agreement between you and us is hereby superseded. This Agreement shall be governed in all respects by the law of Singapore and if any of the Terms is held to be invalid or unenforceable, the particular Term(s) shall be severed to the extent that it is invalid or unenforceable, leaving the remaining Terms or parts thereof enforceable. Headings are for the purpose of convenient reference only and shall not be construed so as to define or limit the scope of the Terms. Any delay or failure on our part to take action against any breach of the Terms by you does not constitute a waiver of any kind of our rights, now or in the future, under this Agreement. | |
| 15.2 | This Site is based in Singapore. We make no claims that the Materials are appropriate or may be downloaded outside Singapore. Access to the Materials may not be legal by certain persons or in certain countries. If you access this Site from outside Singapore, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. | |