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ZuluThis Agreement governs the provision of Services provided by “Kiwi Properties Pte Ltd” ROC No.: 202011164W. The terms “you” and “your” refer to the person that obtains, uses or otherwise accesses the Services.
- Home Improvement & Business Listing
- ABOUT THIS AGREEMENT
1.1. This Agreement comprises the following parts:
- these terms and conditions (are amended by Kiwi Properties Pte Ltd from time to time);
b. the general Terms and Conditions of Use for the Website located at https://kiwi.sg/business-listing/ (are amended by Kiwi Properties Pte Ltd from time to time); and
c. any other document provided to you by Kiwi Properties Pte Ltd expressed to form part of this Agreement.
1.2. If there is an inconsistency in a provision in the parts of this Agreement, then the provision in the part that is listed higher in clause 1.1 prevails to the extent of the inconsistency, unless otherwise indicated in this Agreement.
- SERVICES
2.1. The Services provide you with the functionality and platform to enable you to list your properties for sale or lease on the website located at
www.Kiwi Properties.net Please note that the features and functionality that may be available as part of the Services or that are available on the Website may be different depending on the device or application used to access the Services or the Website (eg desktop vs mobile).
2.2. You may apply for a Service through the Application Form. Kiwi Properties Pte Ltd may, at its sole discretion, accept or reject any Application Form submitted for a Service. A separate Agreement is created between Kiwi Properties Pte Ltd and you for each Application Form that is accepted by Kiwi Properties Pte Ltd.
2.3. You acknowledge that your real estate listings software provider may take all action necessary for your listings to be transferred to Kiwi Properties Pte Ltd and uploaded to the Website.
2.4. If Kiwi Properties Pte Ltd decides, or is required, to modify or exit a Service (or part thereof), then Kiwi Properties Pte Ltd may, on reasonable notice to you: (a) transfer you to the modified service or an alternative service; or (b) cancel the Service. If the service to which Kiwi Properties Pte Ltd proposes to transfer you to is materially detrimental to you, then you may cancel the service, but you will not be entitled to any refunds or reimbursements of any Fees and charges paid for or in connection with that service.
2.5. A Service does not include: (a) back up services; (b) customisation; (c) training; (d) attendance at your premises; or (e) correction of errors or defects, including those caused by: (i) faulty equipment or hardware provided by you; or (ii) your negligent acts or omissions and any events beyond Kiwi Properties Pte Ltd’ reasonable control.
- KIWI PROPERTIES PTE LTD’ COMMITMENT TO YOU
3.1. Kiwi Properties Pte Ltd will: (a) provide the Services with due care and skill, but does not guarantee that they will be continuous or fault free; and (b) use suitably qualified personnel to provide the Services.
3.2. Kiwi Properties Pte Ltd does not guarantee, represent or warrant that:
(a) you or users of the Website will have continuous access to the Website;
(b) the Services will be complete or free from all viruses, defects or errors. You acknowledge and agree that the existence of any defects or errors in a Service does not constitute a breach of any agreement between you and Kiwi Properties Pte Ltd; and
(c) any information supplied or accessed using a Service is correct and complete or sufficient for your intended use.
3.3. Kiwi Properties Pte Ltd will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
- YOUR COMMITMENT TO KIWI PROPERTIES PTE LTD
4.1. You are solely responsible for:
(a) obtaining any telecommunication services and infrastructures (including Internet access) required to access and use the Services; and
(b) ensuring that any communications through the Internet (including emails) is appropriately secured in transit and during delivery of such communications. Kiwi Properties Pte Ltd may use industry available encryption technology that is designed to encrypt communications to the Website, but you agree that Kiwi Properties Pte Ltd is not liable in any way for the security or otherwise of any such communication.
4.2. In using the Service, you must:
(a) ensure the Submitted Materials are provided in the form required by Kiwi Properties Pte Ltd from time to time and contain the correct property and do not contain any information which you would not otherwise be permitted to publish through Kiwi Properties Pte Ltd;
(b) only submit material to Kiwi Properties Pte Ltd by a method pre-approved by Kiwi Properties Pte Ltd (such as via an authorised XML provider);
(c) comply with all policies specified or otherwise notified by Kiwi Properties Pte Ltd to you from time to time, including all policies set out in the Website;
(d) provide Kiwi Properties Pte Ltd with such assistance as is reasonably necessary to provide you with the Service;
(e) notify Kiwi Properties Pte Ltd in writing if you change any information required by Kiwi Properties Pte Ltd to provide a Service;
(f) provide and update from time to time all hardware and software necessary to use a Service;
(g) train your personnel in relation to the use of a Service and ensure your personnel comply with this Agreement;
(h) pay any telecommunication charges incurred by you; and
(i) assess the accuracy, reliability and completeness of any information obtained through a Service.
4.3. You must not:
(a) use a Service for any purpose other than those purposes outlined in this Agreement;
(b) do anything which impairs the lawful use of a Service by any person;
(c) use or provide any materials or information provided by Kiwi Properties Pte Ltd to you in connection with a Service to any other person without Kiwi Properties Pte Ltd’ prior written consent (which may be given or withheld at its discretion);
(d) distribute, rent, lease, sell or re-sell, charge, sub-license, assign, transfer or otherwise deal with the Service;
(e) insert any tag, code, cookie or other data tracking or collection device in an advertisement for the purpose of re-targeting Kiwi Properties Pte Ltd users on a third party site, network or exchange;
(f) link, pool, correlate, resell, transfer, disclose or make available any advertising statistics the result of displaying the creative on Kiwi Properties Pte Ltd for the purposes of behavioral targeting or other type of re-targeting off the Kiwi Properties Pte Ltd network without Kiwi Properties Pte Ltd’ express written permission;
(g) introduce or use any device, software or routine that interferes or attempts to interfere with the operation of a Service including but not limited to any device intended to copy any information published by Kiwi Properties Pte Ltd including any listing;
(h) create or otherwise produce either directly or indirectly or wholly or partly any database which is substantially comprised of any information published by Kiwi Properties Pte Ltd; or
(i) intentionally withdraw and relist listings with a view of influencing the search results available on the Website.
4.4. You warrant to Kiwi Properties Pte Ltd that:
(a) you have obtained and will maintain all licences, permits, approvals and consents necessary to enable you to operate as a real estate agent, property developer or builder and that are otherwise required for your business and its operations;
(b) all Submitted Material, whether for the purposes of publication or not:
(i) is accurate and complies with all relevant laws;
(ii) does not infringe any person’s rights (including intellectual property rights), and that the use of all Submitted Material does not and will not infringe any person’s rights (including intellectual property rights);
(iii) is not illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
(iv) is not misleading or deceptive or likely to mislead or deceive; or
(v) not comprised of anything which may adversely reflect in the Website or any website on which the information is published; and
(c) you will comply with all applicable laws in relation to your use of the Service, including all laws in relation to handling and use of personal information.
4.5. You are solely responsible for ensuring that Kiwi Properties Pte Ltd has your correct contact details to enable Kiwi Properties Pte Ltd to provide you with the Services. You agree that Kiwi Properties Pte Ltd may use personal information provided by you or otherwise collected by us, directly or indirectly, from you in accordance with Kiwi Properties Pte Ltd’ Privacy Policy.
- Intellectual Property
5.1 Copyright The copyright in this website is owned by Kiwi Properties Pte Ltd or its licensors. No part or parts hereof may be reproduced, distributed, adapted, modified, republished, displayed, hyperlinked, transmitted or framed in any manner or by any means or stored in an information retrieval system without the prior written permission of Kiwi Properties Pte Ltd. However, you may download and print the Materials on this website for personal and non-commercial use only, provided you do not modify the Materials and that you retain all copyright as well as other proprietary notices contained in the Materials. You also may not, without the permission of Kiwi Properties Pte Ltd, insert a hyperlink to Kiwi Properties Pte Ltd website on any other website or “mirror” any Material contained on this website on any other server in Singapore or beyond.
5.2 Trade Marks The trademarks, service marks and logo (the “Trade Marks”) used and displayed on this website are registered and unregistered Trade Marks of Kiwi Properties Pte Ltd, its subsidiaries or its licensors. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trade Marks displayed on this website, without the written permission of Kiwi Properties Pte Ltd. Kiwi Properties Pte Ltd shall enforce our intellectual property rights to the fullest extent of the law. The name of Kiwi Properties Pte Ltd or the Trade Marks may not be used in any way, including in advertising or publicity pertaining to the distribution of Materials on this website, without prior written permission of Kiwi Properties Pte Ltd. Kiwi Properties Pte Ltd prohibits use of the Trade Marks as a web link or hyperlink to any Kiwi Properties Pte Ltd site or any other site unless establishment of such a link is approved in advance by Kiwi Properties Pte Ltd in writing.
- No Warranty for the Website and/or the Materials
6.1 This website and the Materials are provided “as is”, “as available”. Kiwi Properties Pte Ltd does not warrant the accuracy, adequacy or completeness of this website and/or the Materials and expressly disclaims liability for errors or omissions in the Materials. 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 Materials and/or this website.
6.2 Kiwi Properties Pte Ltd does not warrant that any of the Materials or that this website will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that this website and the Materials are free from any computer virus or other malicious, destructive or corrupting code/programme.
- Exclusion of Liability
Kiwi Properties Pte Ltd shall in no event be liable for any damages, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:
(1) any access, use or the inability to access or use this website, or reliance on the Materials and/or any information in this website; (2) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus; and (3) any use of or access to any other website linked to this website, even if Kiwi Properties Pte Ltd or its 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 the site user’s own risks. This exclusion clause shall take effect to the fullest extent permitted by Singapore law.3. Contributions to Kiwi Properties Pte Ltd
By submitting content, ideas, suggestions, documents, and/or proposals (“Contributions”) to Kiwi Properties Pte Ltd through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Kiwi Properties Pte Ltd is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Kiwi Properties Pte Ltd shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) your Contributions automatically become the property of Kiwi Properties Pte Ltd without any obligation of Kiwi Properties Pte Ltd to you; and (e) you are not entitled to any compensation or reimbursement of any kind from Kiwi Properties Pte Ltd under any circumstances; (f) you should not submit any information and/or other materials which are or may be offensive, abusive, illegal or which may not be lawfully disseminated under the laws of Singapore or any other known country.
- Third Parties Rights
No person shall have any right pursuant to the Contracts (Right of Third Parties) Act 2001 to enforce any of the above terms and conditions. The reference to a person, in this clause includes any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality). You fully agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third-party beneficiaries to this agreement.
9.Governing Law
By accessing this website, you fully agree that Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (No 25. of 1998), shall govern such access as well as the above terms and you fully agree to submit to the exclusive jurisdiction of the Singapore courts.
10.After products and services care
It is the policy of Kiwi Properties Pte Ltd to ensure that all furnishings supplied are in perfect condition. If there are any after product/service matters, please email your concerns to listing customerservice@kiwi sg Alternatively, you could contact our CUSTOMER SERVICE DEPARTMENT
Updated on 13th April 2020