Terms and ConditionsLast Updated on 7 January 2017
Thank you for visiting Averspace’s website at www.averspace.com (the “Site”) and using our mobile application (the “Mobile App”). For the purpose of this Terms and Conditions, “Averspace”, “we”, “our” or “us” shall refer to Averspace Pte. Ltd.
Averspace aims to help home owners, potential tenants and potential buyers connect with one another without having to go through a middleman and pay any brokerage or commission fee (the “Service”). The Service is provided through our Site and Mobile App.
The Service provided through the Sie and Mobile App is specifically targeted at home owners, potential tenants and potential buyers only, and is not intended for real estate agents or salespersons. For avoidance of doubt, real estate agents and salespersons are not allowed to register for an account on the Site or the Mobile App and use the Service.
By accessing and using any part of the Site or Mobile App, you shall be deemed to have accepted and be legally bound by these Terms and Conditions without limitation or qualification. By using our Service, you accept that we are providing a platform for users to post content, including photos, comments and other materials to the Service, to share such material publicly, and to communicate with each other. This means that users may search for, see, use or share any content that you make publicly available through the Service. If you do not agree to these Terms and Conditions, please do not access or use the Site or the Mobile App. Any continued access or use of the Site or the Mobile App (whether this time or in future) will imply that you have accepted these Terms and Conditions.
We reserve the right to make changes to these Terms and Conditions at any time without your prior notice. By using the Site or Mobile App on or after the date on which the Terms and Conditions have been revised, your use would be deemed as acceptance of the revised Terms and Conditions.
- Please note that the Site, the Mobile App and the Service are only meant for home owners, potential tenants and potential buyers for their own personal needs. Real estate agents, salespersons or any other person who intend to use the Site, the Mobile App or the Service for commercial or business purposes shall not be allowed to register for an account on the Site and the Mobile App.
- Please note that each user shall only be entitled to one account to be used when accessing the Site and the Mobile App. Your account is personal to you, and you may not assign or transfer your account or any of your rights under these Terms and Conditions to any third party without our prior written consent. Any attempted assignment or transfer in violation of the foregoing shall be deemed a material breach of these Terms and Conditions.
- In order to register for an account on the Site and the Mobile App, we will require you to provide us with certain personal information, including but not limited to your name, email address, home address, contact number and a password of your choice. You confirm that all information provided is true, accurate, correct and up to date.
- You are responsible for the confidentiality of the username and password allocated to you and you shall take ownership of all activity and transactions under your account. You shall notify us immediately if you become aware of any unauthorized use of your password or account or any other breach of security.
RESTRICTION, DELETION OR SUSPENSION OF ACCOUNT OR SERVICES
- We reserve the right to restrict, suspend or delete your account or restrict your access to the Site and the Mobile App, or to restrict, suspend or cease to provide the Service to you at any time at our sole discretion for any reason whatsoever. If your account is suspended, restricted, or deleted, you are not permitted to continue to use the Service, the Site or the Mobile App under a different or new account without our prior approval.
- You may terminate your account at any time by writing to us at firstname.lastname@example.org . We may terminate your account for inactivity for at least a period of 365 days at our sole discretion.
USE OF SITE AND MOBILE APP
You agree that you will not:
- use the Site or Mobile App for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information;
- upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
- use any material or information, including images or photographs, which are made available through the Site or the Mobile App in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- violate any applicable laws or regulations;
- create a false identity for the purpose of misleading others.
- You will be required to provide information regarding your property if you are a home owner looking to rent or sell your property and information about your requirements, if you are a potential tenant or potential buyer. We reserve the right to request additional information from you to ensure and verify that you are not a real estate agent or salesperson.
- You warrant that any information you provide to us, including personal information, payment details and/or credit or debit card details, is accurate. In the event of erroneous input of information on your part, we reserve the right to apply additional charges to any amendment of information as may be required by us, you or any third party provider engaged for the Service.
LINKS TO OTHER SITES
- The Site and the Mobile App may contain information from third party sites or web applications such as Apple Maps (“Third Party Content”). Averspace makes no representation and is not responsible for such Third Party Content and shall not be liable for any damages or loss arising from access or use of such Third Party Content. Any content, services, representations made on such websites and/or web applications are solely the responsibility of the operator of those websites and/or web applications and Averspace assumes no responsibility for any content, the operation or the services provided thereon. Use of the hyper-links and access to such linked websites and/or web applications are entirely at your own risk.
- Where you have agreed to pay for certain features of the Service, you may choose to make payment by credit or debit card (“Card”). Where you do choose to pay for the services by Card, you will need to register a valid Card that belongs to you. If the Card belongs to another person, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Service.
- By making payment to us for our Service, you agree that we may verify and authorise your Card details when you first register the Card with the Service, as well as when you use the Service. You agree that we may issue a reasonable authorisation hold to verify your payment method. This is not an actual charge to your Card. The hold may appear as “pending” in your bank statement. The authorisation hold is issued as a preventive measure against any unauthorised and/or fraudulent use of your Card.
- We reserve the right to suspend the processing of any transaction where we have reason to believe that the transaction may be fraudulent, illegal, or criminal in nature, or where we have reason to believe that you are in breach of these Terms and Conditions. Should there be a need for any financial crime screening, you hereby agree to cooperate with us in complying with the prevailing laws or regulations of the land.
- Should any dispute arise relating to your Card, you shall be responsible for resolving the dispute with your Card company without further reference to us.
THIRD PARTY INTERACTIONS
- During use of the Service on the Site and/or the Mobile App, you may enter into correspondence or transactions with and/or participate in the services of third party providers through the Service. Any such activity and any terms, conditions, warranties or representations associated with such activity is solely between you and the applicable third party. Averspace shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party.
- Averspace does not endorse any applications or websites that are linked through the Service, the Site or the Mobile Application and in no event shall Averspace be responsible for any content, products, services or other materials on or available from such sites or third party providers.
- Averspace may rely on third party advertising and marketing in the course of providing the Service. We may also rely on other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to these Terms and Conditions, you hereby agree to receiving such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing.
- You hereby agree that it is your responsibility to take all precautions in all actions and interactions with any third party service providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.
- You shall indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these Terms and Conditions or otherwise by your use of the Site, the Mobile App or the Service.
CONSENT FOR USE OF PERSONAL INFORMATION
- You hereby consent to our collection, use and disclosure of your personal information provided to us.
You agree that we may collect, use or disclose your personal information for the following purposes:
- setting up your registered user account and profile on the Site and the Mobile App;
- to provide and improve the Service;
- to verify that you are an actual home owner, potential tenant or potential buyer, and not a real estate agent or salesperson;
- to send to you emails which are specific to your account and which are necessary for the normal functioning of the Service, including one or more welcome emails which help inform new users about various features of the Service;
- for targeted online marketing;
- to contact you regarding any complaints, feedback, queries or requests;
- handling any issues which have come to our attention;
- to facilitate investigations into any suspicious or illegal activity on the Site or the Mobile App;
- for internal administrative and management purposes;
- where required by any act, statute, law, or regulation, or by the order of a government authority or a court or tribunal of competent jurisdiction;
- such other purposes consented by you for which your personal information is collected;
- handling any issues which have come to our attention;
- any other purpose reasonably related to the aforesaid.
SHARING OF YOUR INFORMATION
- We will not rent or sell your information to third parties outside of Averspace without your consent, except in accordance with these Terms and Conditions.
- We may remove parts of data that can identify you, and share anonymised data with other parties. We may also combine your information with other information in a way that is no longer associated with you and share that aggregated information.
- Any information or content that you voluntarily disclose for posting to the Service becomes available to the public. You may opt out of the public sharing of your information by editing your privacy settings. Once you have shared your information or made it public, such content may be re-shared by others.
- Subject to your profile and privacy settings, any information that you make public is searchable by other members of the Service.
- Information that you post to the Service can be removed by you, however, copies may remain viewable in cached and archived pages of the Service, or if other users or third parties have copied or saved that information.
- The Service, the Site, the Mobile App and the content therein are provided on an “as is”, “as available” basis. We do not warrant the correctness, accuracy, adequacy, completeness, timeliness or validity of the Service, the Site, the Mobile App and/or the content therein and expressly disclaims liability for errors or omissions in the content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Service, the Site, the Mobile App and the content therein.
- We do not warrant that the Service, the Site, the Mobile App and/or any content therein will be provided uninterrupted or free from errors or that any identified faults will be corrected. No warranty is given that the Service, the Site, the Mobile App and the content therein are free from any computer virus or other malicious, destructive or corrupting code/programme.
You acknowledge and agree that
- you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the Site or the Mobile App and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
- your use and reliance on the content on the Site and the Mobile App are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the Site and the Mobile App, including but not limited to any damages or losses which you may suffer as a result of the buying, selling or renting of any property through the Mobile App;
- we shall not be responsible for any materials posted on the Site and the Mobile App, including, but not limited to, information relating to any property;
- we shall not be responsible for any disputes, demands, claims, actions, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever arising out of or in connection with the buying, selling or rental of any property conducted through the Mobile App;
- you are required to use your own judgment, caution, and common sense in evaluating the information provided on the Site, the Mobile Appand any information provided by us or any third party;
- we reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the Site and the Mobile Appat our sole discretion at any time, without notice, for any reason whatsoever;
- the Site or the Mobile App may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the Site or the Mobile App.
LIMITATION OF LIABILITY
We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages
or other indirect damages or costs of any kind suffered or incurred by you or any third party arising
from or in connection with:
- any acts or omissions of any home owner, potential tenant or potential buyer;
- any content or material on the Site or the Mobile App, including but not limited to any incorrectness, inaccuracy, inadequacy, incompleteness or invalidity thereof;
- any unauthorized access by any person of your account with us;
- any access, use or the inability to access or use the Site or the Mobile App, or reliance on the materials and/or any information onthe Site or the Mobile App;
- any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
- any use of or access to any other website linked to the Site or the Mobile App, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks.
- In the event that Averspace is liable in any way, you agree that any liability on our part for any and all claims, losses, costs or damages shall be limited only to the amount paid by you for the Service on the Site or the Mobile App.
- This provision shall take effect to the fullest extent permitted by the applicable law.
- We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with:
- You acknowledge and agree that we own, or have the licence to use, the Site and the Mobile App, including the source codes, pages, documents and online graphics, audio, video and such other contents found on the Site or the Mobile App and any and all intellectual property rights used or embodied in or in connection thereto, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the Site, the Mobile Appor the Service. The Site, the Mobile App and the content therein shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.
- You further acknowledge that we own, or have the exclusive licence to use, the Trade Marks, and may from time to time apply for registration of other Trade Marks and service marks. We are not aware of other persons using any of the Trade Marks and we do not warrant that we have sole or exclusive rights in and to such Trade Marks. You agree not to at any time contest our ownership of the Trade Marks and undertake not to use the Trade Marks without our prior written consent and/or in derogation of our rights.
- For the purposes of these Terms and Conditions, “Trade Marks” means the “Averspace” mark and such other marks and devices used by and belonging to us whether registered or not and all such other trade marks, trade names, service marks, trade dress, logos, and emblems which are under our control or ownership and which we stipulate are to be used from time to time by us.
- Any dispute arising out of or in connection with these Terms and Conditions including any questions regarding its existence, validity or termination shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision. The Tribunal shall consist of one arbitrator (“Arbitrator”) to be appointed by the Chairman of the Singapore International Arbitration Centre. The language of the arbitration shall be English.
- The decision in writing of the Arbitrator shall be final and conclusive upon both parties. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
- Notwithstanding the above and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.
- Nothing contained in these Terms and Conditions shall be so construed as to create any agency, partnership or joint venture of any kind between the parties hereto.
- No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
- All rights and obligations hereunder are personal to the parties and each party shall not assign any such rights and obligations to any third party without our prior written consent.
- Any one or more clauses, stipulations or provisions of these Terms and Conditions, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms and Conditions, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
- These Terms and Conditions shall be construed and its performance governed in accordance with the law of the Republic of Singapore.