triangle 8PROP

Terms of use

Last updated on October 18, 2021

1. ACCEPTANCE

1.0. This is an Agreement (“Terms of Use”) between you and Real Estate Analytics Pte Ltd (“we” or “us”) for the use of our website 8PROP.com (“Website”) and mobile applications (“Apps”), owned and operated by us, and their related services and features (the Website, the services and/or the Apps shall be collectively referred to as “8PROP Platform”). By using and accessing the 8PROP Platform, you conclude a legally binding agreement with us.

1.1. We may update these Terms of Use from time to time by posting a revised version on the 8PROP Platform. We will not send an individual notice to you. Any amended Terms of Use shall replace all previous versions of the same.

1.2. By using the 8PROP Platform, you agree on behalf of yourself or those whom you represent, to comply with and be bound by the Terms of Use, including any revisions that we may make to the Terms of Use. If you do not agree to the Terms of Use and/or to the amendments, you should immediately cease the use of any of the services on the 8PROP Platform.

2. ACCEPTABLE USE OF THE 8PROP PLATFORM

2.0. In using the 8PROP Platform, you will not:

(a) Violate any applicable laws, legislations, regulations and/or guidelines;

(b) Infringe on any third party’s intellectual property rights or other proprietary rights;

(c) Engage in any immoral activity or potentially immoral activity;

(d) Impersonate any person or entity and/or misrepresent your affiliation with a person or entity;

(e) Commit defamation, libel harassment and/or act in a threatening manner;

(f) Provide false, inaccurate or misleading information;

(g) Engage in fraudulent, suspicious or illegal activity and/or transactions;

(h) Send, or assist in sending, unsolicited emails to any other users of the 8PROP Platform to harass or collect payments;

(i) Disclose, use or distribute another user’s personal data without the express consent of the said user;

(j) Upload, or cause to be uploaded, any content to the 8PROP Platform that contains viruses or items that may damage, interfere with, or adversely affect the 8PROP Platform;

(k) Conduct a cyber-attack on any other computer or network, including hacking, cracking, distributing viruses, network sabotage, phishing or any fraudulent activities;

(l) Send spam, opt-in emails, unsolicited emails, or any type of emails sent in large quantities. This is even if the emails are ultimately sent off from another server;

(m) Conduct port scanning, scanning for open proxies or open relays; and

(n) Conduct marketing activities without our prior written consent.

2.1. We have the sole discretion to suspend, block, terminate and/or restrict your use of the 8PROP Platform.

2.2. If we have given you (or where you have chosen) a password which enables you to access certain parts of the 8PROP Platform, you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.

2.3. We will not be liable for any loss, damage and or expenses arising from your failure to comply with this clause.

2.4. You agree to indemnify us for all losses, liabilities, claims, costs and expenses (including but not limited to legal costs) suffered or incurred by us which arise directly or indirectly from your breach of this clause.

3. OUR SERVICES

3.0. We operate a series of platforms and services under the 8PROP brand, on our 8PROP Platform.

3.1. You may have to pay for some of our services. These services, which may be provided directly by us or by our affiliates, include but are not limited to the following:

(a) Photography services;

(b) Services to create 360º photographs of the interiors of properties;

(c) Services to create 3D virtual tours of properties;

(d) Services related to mortgage requests and mortgage brokerage;

(e) Services related to home insurance, life insurance, & insurance brokerage;

(f) Services related to connecting you with real estate agents;

(g) Services related to conducting full formal property valuations by a licensed valuer; and

(h) Subscriptions to access data, reports and real estate analytics software

3.2. If you are a CEA registered real estate agent, you may subscribe to use our resale and rental 8PROP Marketplace services, where you give us permission to access, use, list and/or publish on our 8PROP Platform all active property sale and tenancy listings that you are currently authorised to promote on any publicly available online property portal in Singapore (“8PROP Marketplace Services – Resale and Rental”). If you use our 8PROP Marketplace Services, you are considered a Listing Agent. For the avoidance of doubt, a Listing Agent is a CEA registered real estate agent who has agreed to publish his or her property listing(s) on 8PROP Platform to represent sellers and landlords in their property transaction(s).

3.3. You agree that any prospective purchaser and/or prospective tenant interested in your listing(s) on our 8PROP Platform may contact you directly or any other real estate agent registered with us to represent a prospective purchaser or tenant (“8PROP Concierge agent”). You further agree that if you are introduced a prospective purchaser or tenant by an 8PROP Concierge agent either through our 8PROP Platform or the 8PROP Marketplace Service, and the prospective purchaser or tenant successfully purchases or rents a property listed on our 8PROP Platform, you agree to pay a co-broking commission to the 8PROP Concierge Agent.

3.4. For the avoidance of doubt, an 8PROP Concierge agent is a CEA registered real estate agent who has agreed to use the 8PROP Platform to represent purchasers and tenants in their property transaction(s).

3.5. Our 8PROP Marketplace Service is currently provided at no cost to a real estate agent. An 8PROP Concierge agent may contact a Listing Agent on behalf of his or her client and co-broke a sale and purchase of a property listed on our 8PROP Platform. We reserve the right to charge for the said Service by publishing the revised Terms of Use on the 8PROP Platform. If you are aware that you do not have permission for us to publish your property listing(s) or you wish to unsubscribe from our 8PROP Marketplace Services, you may unsubscribe at any time by writing to us at subscriptions@8prop.com.

3.6. If you are representing a real estate developer or a real estate agency that has been appointed by a developer, you may subscribe to our new projects listing service (“8PROP Marketplace Services – New Projects”), where you give us permission to access, use, list and/or publish on our 8PROP Platform the relevant information relating to your project development, including without limitation, photos, drawings, marketing materials and/or any other information you provide to us. In relation thereto, you agree to give us the following permissions:

(a) to use, list and/or publish the contact information of real estate agents representing you to promote a project development;

(b) send any enquiries or expressions of interest in your project development from prospective purchasers to 8PROP Concierge agent(s); and

(c) that we or any real estate agent registered with 8PROP may reach out to you directly to send enquiries or expressions of interest in your project development.

3.7. You further agree that if a 8PROP Concierge agent is introduced to a prospective purchaser either through our 8PROP Platform or the 8PROP Marketplace Services – New Projects, and the prospective purchaser successfully purchases a property, you agree to pay a co-broking commission to the 8PROP Concierge agent.

3.8. Our Project Listing Service is currently provided at no cost to representative(s) of real estate developers and/or registered real estate agencies. We reserve the right to charge for the said Service by publishing the revised Terms of Use on our 8PROP Platform. If you wish to unsubscribe from our Project Listings Services, you may unsubscribe at any time by writing to us at subscriptions@8prop.com.

3.9. In using any of our services (“8PROP Services”), you expressly permitted us to do the following:

(a) Publish on our 8PROP Platform any and all information listed on any active property sale and tenancy listings that you are currently authorised to promote, on any publicly available online property portal, subject to our licensing terms for copyrighted materials under Clause 4. Such information or materials include, without limitation, photographs, floor plans of the property, renderings, descriptions of the property, price information and any other listed information about the property or lease;

(b) Publish on our 8PROP Platform any and all of your personal data listed on any active property sale and tenancy listings that you are currently authorised to promote;

(c) Contact you either directly through our employees or real estate agents authorised by 8PROP in relation to any expression of interest on a property sale or lease by a prospective seller, purchaser, landlord or tenant;

(d) Alter, summarise, truncate or otherwise adjust the listing format, wording, layout of your active property listing(s) available online to accommodate the requirements of our 8PROP Platform;

(e) Provide, publicise or other make available any analytics information about a property that you are promoting or have promoted on our 8PROP Platform or any other platforms operated by us. Such analytics information includes without limitation automated valuation models, statistics (aggregated or specific) on the property market, and any other reference and/or research property related information;

(f) Aggregate, truncate, or amalgamate repetitive or duplicate property listings of the same property advertised by different real estate agents, as identified or otherwise detected by us; and

(g) If you are representing a developer or real estate agency, you agree to allow us to create, publicise or conduct digital marketing campaigns to advertise or promote your project development.

3.10. If you are a prospective buyer or tenant and use our services, you agree that if you express an interest in a listing on our 8PROP Platform, we are permitted to reach out to you.

3.11. If you are a registered real estate agent, you may subscribe to our 8PROP PRO subscription service, which may include, among other services, the service of generating reports of selected properties and the service to access data and analytics from our database of properties, transactions and/or geographical areas. By subscribing and using this 8PROP PRO subscription service, you agree to give us the following permissions:

(a) Generate reports of properties on your behalf with your name and business contact information;

(b) Make any reports generated by us accessible to your clients and/or users as determined by you;

(c) Charge you periodically for the 8PROP PRO subscription services by way of the payment method you have selected;

3.12. By subscribing and using this 8PROP PRO subscription service, you agree to the following conditions of use:

(a) You agree to pay the fees for the subscription service promptly by its indicated due date;

(b) In the event of a late payment, you will be charged late payment fees calculated at 1% per month, calculated on a daily basis from the date that payment is due until the date the owed sums and the late payment fees are fully paid to us

(c) The services, products and data provided as part of the 8PROP PRO subscription service are to be used only by you, and you may not provide your login credentials to any unauthorised parties to use these services;

(d) All data and/or analytics provided under the 8PROP PRO subscription service is owned by us. You are not permitted to use the data and/or analytics in any form or manner, and you shall not sell, commercialize, publish and/or transfer our data and/or analytics. . You may only use the data and/or analytics by making accessible any report(s) generated under the 8PROPR PRO subscription service to your clients and/or your authorised users.

(e) You may cancel and request a refund of 8PROP PRO subscription services within 30 days from the first day of subscription (“Free Look Period”) by writing to us at subscriptions@8prop.com. Refunds after this period will not be accepted.

3.13. Where you have requested for any of our services, you represent and warrant that:

(a) You have complied with all applicable laws, rules, regulations and guidelines of the location(s) and site management to enable the execution of the service;

(b) Where necessary, you have obtained the consent of the registered proprietor of the property to enable the execution of the service, for example, to take photographs within the interior of the property or to enter the property to conduct a valuation; and

(c) Where necessary, you have negotiated and/or communicated with the relevant authorities, officials and/or building management for the moderation of the applicable laws, rules, regulations and guidelines.

3.14. Our obligations only extend to the provision of the services and do not include acting on your behalf. This Terms of Use shall not be construed to create a partnership, joint venture, or agency relationship upon either party. Neither party may enter into any commitments for or on behalf of the other party.

4. LICENSING TERMS FOR COPYRIGHTED MATERIALS

4.0. You agree that we may use any copyrighted material on any active online property listing which you are authorised to promote and such use are subject to the following terms. For the avoidance of doubt, such copyrighted materials of a property listing include without limitation, of a property, still images, film or footage, audio product, and/or visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other product protected by copyright (“Licensed Material”).

(a) You represent and warrant to us that you are either the legal and beneficial owner of the right, title and interest in and to the copyright in the Licensed Material, or have the rights to use the copyright in the Licensed Material and/or assign the copyright to a third party.

(b) You grant us a non-fee bearing, non-exclusive and perpetual license to use and reproduce the Licensed Material on our 8PROP Platform. We may use the Licensed Material, without expiration, in any geographical location, for an unlimited number of times. We may use the Licensed Material for commercial and for-profit purposes, in any medium or format;

(c) You agree to indemnify, defend, and hold us harmless from all liability, claims, causes of action, damages, and expenses arising out of or as a result from our use of the Licensed Material.

4.1. If we work with you to take photographs, sound recordings, 360 Virtual Tours and/or cinematograph films (“Video Listing Works”) of a property to list on our 8PROP Platform, you agree that you have obtained the necessary consent(s) from all relevant parties including the owner of the property, for 8PROP and 8PROP’s service providers, agents and/or employees to enter the property to take the Video Listing Works. You also represent and warrant that you have informed the property owner(s) that 8PROP (and/or its service provider(s)) is the legal and beneficial owner of the copyright residing in the Video Listing Works.

5. DISCLAIMER OF WARRANTIES

5.0. Your use of the 8PROP Platform is at your sole risk. We disclaim all conditions, warranties and other terms of any kind, whether express or which might otherwise be implied by statute, common law or otherwise.

5.1. The content available on the 8PROP Platform, as well as the services that we provide through our Automated Valuation model, is meant to be used for reference only. Nothing on the 8PROP Platform including the information, content, documents or services that we provide through our Automated Valuation model, shall be constituted as or is a substitute for professional advice. If you need professional advice for your particular circumstances, please consult a solicitor, registered property agent and/or professional valuer.

6. INDEMNITIES

6.0. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any loss, claim, demand or expense, including legal fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available on the 8PROP Platform, your use of the 8PROP Platform, your connection to the 8PROP Platform, your violation of the Terms of Use, or your violation of any rights of another party.

7. LIMITATION OF LIABILITY

7.0. We shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

(a) The use or the inability to use the 8PROP Platform;

(b) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the 8PROP Platform;

(c) Unauthorized access to or alteration of your transmissions or data;

(d) Statements or conduct of user or any third party on the 8PROP Platform; and

(e) Any other matter relating to the 8PROP Platform.

7.1. To the extent permitted by law, you agree that we will not be liable for the following:

(a) Loss of profit;

(b) Loss of income or revenue;

(c) Loss of business or contracts;

(d) Loss of data;

(e) Loss of goodwill;

(f) Loss of expectation;

(g) Loss of opportunity;

(h) Loss arising out of or in connection with wasted management or office time; and/or

(i) Other intangible losses,

arising from and/or in connection with an action in tort (including negligence), breach of contract or otherwise.

8. PRIVACY POLICY

8.0. Your personal data that you provide us and/or we collect from you from your use of the 8PROP Platform is subject to our Privacy Policy, which is deemed to be incorporated into the Terms of Use and binding on all parties by reference to this clause.

9. TERMINATION

9.0. We may, at our sole discretion, terminate your account, under certain circumstances and without prior notice. Upon the termination of your account, you will no longer have access to and/or use the 8PROP Platform.

9.1. The termination of your account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Use, 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. The terms of the Terms of Use will survive the termination of your account.

10. INTELLECTUAL PROPERTY RIGHTS

10.0. We and/or our Licensors own all rights in the intellectual property rights relating to and/or accessible from the 8PROP Platform. Nothing in this Agreement will serve to transfer, authorise and/or license any of the intellectual property rights, and all rights, title, interest and/or lien in and to the 8PROP Platform, as well as the content and software contained therein.

10.1. You may not:

(a) Modify, translate, create or attempt to create derivative copies of or copy, whether in whole or in part, the 8PROP Platform, or the software, still images, film or footage, audio product, visual representation and/or data, including all texts and numbers, contained therein;

(b) Reverse engineer, decompile, disassemble or otherwise reduce the object code of the 8PROP Platform to source code form; and/or

(c) Distribute, sub-licence, assign, share, buy, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the 8PROP Platform.

10.2. You warrant that you own the right or licence to use the intellectual property rights in all information and materials that you provide to us and/or post on our 8PROP Platform. You grant us a perpetual, sub-licensable, worldwide, royalty-free licence over the information and materials that you provide to us, to use, enhance, publish and make available on our 8PROP Platform.

10.3. In engaging us to provide the services set out in Clause 4 of the Terms of Use, you grant us a perpetual, sub-licensable, worldwide, royalty-free licence over the works created through the services, to use, enhance, publish and make available on our 8PROP Platform.

11. GOVERNING LAW

11.0. The Terms of Use shall be governed by and construed in accordance with the laws of Singapore. Any claims of whatever nature arising out of or in connection with this Agreement or any of the transactions contemplated by this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

12. WAIVER

12.0. If we fail to exercise or enforce any right or provision of the Terms of Use, this failure shall not constitute a waiver of such right our remedy under the Terms of Use, and you are not relieved from complying with the obligations set out herein.

12.1. No waiver of any of the terms herein shall be effective unless it is expressly stated to be a waiver and communicated to you in writing.

13. SEVERABILITY

13.0. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that such term, condition or provision shall be severed from the Terms of Use and the remaining terms of the Terms of Use remain in full force and effect.