By using ExpatFlats’ Web site (the “ Site”), related data, and/or related services (collectively, " Services"), you agree to be bound by the following terms of use (" Terms of Use").
Interpretation:
"We", "our" or "us" refer to ExpatFlats Limited and its subsidiaries (if any).
1. Legal Capacity. You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into and will abide by these Terms of Use.
2. Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate professionals may provide information to consumers via the Services or, where authorised, take actions on behalf of a consumer client (e.g. post a home for sale). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.
3. Restrictions. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. Further:
a. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms ExpatFlats, its service providers, suppliers or any other user. You agree, in connection with the Services, not to engage in any conduct, actions or communications that are harassing, threatening, offensive, profane, obscene, vulgar, abusive, unlawful or harmful to our reputation, business or operations or to use the Services in any way that breaches any code of conduct, policy or notice on the Services. You will not access or use the Site in a repetitive manner using any automatic, programmed or scripted method.
b. Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites. Nonetheless, publicly available search engines and similar Internet navigation tools (" Search Engines") may query the Services and provide an index with links to the Services\' Web pages, only to the extent such unlicensed use is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system which limits access to human users. ExpatFlats reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.
4. The Services. The Services and all information in the Site are being provided “as is”, without any representation or warranty of any kind. All warranties, express and implied, are hereby disclaimed. Without limitation of the foregoing, we disclaim all warranties regarding non-infringement, title, merchantability, fitness for a particular purpose, or availability, accuracy or usefulness of data. Further:
a. We may at our sole discretion terminate your registration and use of the Services at any time, with or without notice and with or without cause. Termination of your access to the Site means the revocation of the license and permission to use the software and other resources of the Site granted to you under these Terms of Use. You acknowledge and agree that if access to your account is disabled as a result of such termination, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. The provisions of these Terms of Use survive the termination of your access to the Site. You are prohibited from terminating your rights and obligations under these Terms of Use.
b. You acknowledge and agree that whilst ExpatFlats may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ExpatFlats at any time and at ExpatFlats’ discretion;
c. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ExpatFlats will always be accurate, correct and up to date;
d. We shall not be liable for any damages in connection with (i) the Services or (ii) your use of the Services. Without limitation of the foregoing, we shall not be liable for any (i) damages arising from any interruption, error, delay, unavailability or failure in service or transmission, any deletion or computer virus, or any unauthorized access to, or disclosure, misappropriation or alteration of, data, or (ii) any punitive, exemplary, multiple, special, indirect, incidental or consequential damages of any kind. If, under applicable law, any damages may not be so limited, then such damages will be limited to the maximum extent permitted under such law.
5. Materials You Provide. For materials you post or otherwise provide to the Site or in connection with the Services (your " Submission"), you grant ExpatFlats a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to (1) reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute your Submission, in connection with the Services or in any other media, and (2) sublicense these rights, to the maximum extent permitted by applicable law. This licence is for the sole purpose of enabling ExpatFlats to display, distribute and promote the Services. You understand that ExpatFlats, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your materials over various public networks and in various media; and (b) make such changes to your materials as are necessary to conform and adapt those materials to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit ExpatFlats to take these actions. ExpatFlats will not pay you for your Submission. ExpatFlats may remove your Submission at any time. For each Submission, you represent and warrant to ExpatFlats that you have all the rights, power and authority necessary to grant the above licence and that the Submission complies with Section 3(a) above. You agree that you are solely responsible for (and that ExpatFlats has no responsibility to you or to any third party for) any Submission transmitted or displayed while using the Services and for the consequences of your actions (including any loss or damage which ExpatFlats may suffer) by doing so.
6. Monitoring. You acknowledge that ExpatFlats has no obligation to monitor the Site or any content accessible through the Site or any of the Services. However, you agree that ExpatFlats has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.
7. Account Use. You may not share your ExpatFlats user account with others. You are responsible for all actions taken via your account. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to ExpatFlats for all activities that occur under your account.
8. Communications. You authorise us to communicate with you, including by telephone, fax and email.
9. Privacy. ExpatFlats will treat your use of the Services in accordance with its Privacy Policy. You acknowledge that you have read our Privacy Policy and agree with its terms.
10. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then ExpatFlats grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 2, 3, 13 and 14).
11. Linked Materials. The Services may include links to third-party products, services and Web sites. ExpatFlats does not endorse, and takes no responsibility for such products, services, and Web sites. You acknowledge and agree that ExpatFlats is not liable for any loss or damage which may be incurred by you as a result of the availability of those external Web sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Web sites or resources.
12. Intellectual Property.
a. The Services are the property of ExpatFlats and subject to the intellectual property rights of ExpatFlats and its licensors. You acknowledge and agree that ExpatFlats (or its licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain data which are designated confidential by ExpatFlats and that you shall not disclose such data without ExpatFlats’ prior written consent.
b. Unless you have agreed otherwise in writing with ExpatFlats, nothing in the Terms of Use gives you a right to use any of ExpatFlats’ trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
c. Where any materials provided by you are subject to applicable copyright laws, you represent and warrant that you are the copyright owner or are authorised to act on behalf of the copyright owner in relation to such materials provided on the Site. You retain copyright and any other rights you already hold in materials which you submit, post or display on or through, the Services. Other than the limited license set forth in Section 5, ExpatFlats acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Use in any Submission posted, transmitted or displayed on, or through, the Services, including any intellectual property rights which subsist in that Submission (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with ExpatFlats, you agree that you are responsible for protecting and enforcing those rights and that ExpatFlats has no obligation to do so on your behalf.
d. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
13. NO WARRANTY. EXPATFLATS PROVIDE THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPATFLATS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. EXPATFLATS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
14. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL EXPATFLATS OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENEDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST EXPATFLATS OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
15. Indemnification. Upon a request by ExpatFlats, you agree to indemnify and hold harmless ExpatFlats and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including legal fees and disbursements on a substantial indemnity basis, made by any third party due to or arising out of your conduct including content you submit, post to or transmit through the Site, your use of the Site, your violation of the Terms of Use or your violation of any rights of another.
16. Disclaimers. ExpatFlats is not responsible for any incorrect or inaccurate Submission posted on the Site or in connection with the Services, whether caused by users of the Site or by any of the equipment or programming associated with or utilised in the Service. ExpatFlats is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. ExpatFlats assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications. ExpatFlats is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person\'s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will ExpatFlats be responsible for any loss or damage, including personal injury or death, resulting from anyone\'s use of the Site or the Service, any Submission posted on the Site, or any interactions between users of the Site, whether online or offline.
17. Subscription / Fee based Services. Certain of the Services made available on the Site may be offered on a prepaid usage basis (a " Chargeable Service"). Should you choose to purchase a Chargeable Service, you will be required to register and you will be assigned an account for such Chargeable Service (the " Chargeable Service Account") based on the information you provide as part of the registration process. You agree to pay all the fees you incur for such Chargeable Service through your Chargeable Service Account, including any fees associated with the use of such Chargeable Service together with all applicable taxes (the " Fees"). Unless otherwise indicated on the relevant Chargeable Service description page, the Fees for a Chargeable Service purchased through your Chargeable Service Account are chargeable immediately to the credit card you designated for the particular Chargeable Service Account or through such other billing process as applicable. All Fees are non-refundable. ExpatFlats reserves the right to change the amount of, or basis for determining, any Fees for a Chargeable Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Chargeable Service.
18. Real Estate Licenses. ExpatFlats is not a licensed real estate broker and does not broker real estate transactions. ExpatFlats does not act as a real estate agent for you or any other user.
19. Changes. ExpatFlats reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes.
20. Discontinuance. ExpatFlats may suspend or discontinue the Services at any time to you and/or to others, without notice.
21. Choice of Law; Disputes. These Terms of Use are governed by the laws of Hong Kong, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the courts of Hong Kong for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys\' fees and expenses.
22. User Disputes. You are solely responsible for your interactions with other ExpatFlats users. ExpatFlats reserves the right, but has no obligation, to monitor disputes between you and other users.
23. Breach of Terms of Use. You agree that you are solely responsible for (and that ExpatFlats has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which ExpatFlats may suffer) of any such breach.
24. A dvertisements. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by ExpatFlats on the Services are subject to change without specific notice to you. In consideration for ExpatFlats granting you access to and use of the Services, you agree that ExpatFlats may place such advertising on the Services.
25. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. ExpatFlats may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. ExpatFlats’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and ExpatFlats with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and ExpatFlats with respect to the Services.
- June 2007
