The PHILLIPS Group Pte Ltd: Terms and Conditions of Use
Welcome to The PHILLIPS Group Pte Ltd and the Rentals-Worldwide Network incorporating our network of global rental portals.
By using or accessing any of this website (the "Site"), you acknowledge that you are subject to the following terms and conditions (the "Terms"). You should and are strongly advised to read through all of these Terms carefully as they do constitute a legally binding agreement.
You are contracting with The PHILLIPS Group Pte Ltd. ("we" or "us" or “our”). If you do not fully agree and accept these Terms, you may not access or otherwise use the Site or any of the services offered.
These Terms & Conditions are applicable from November 2010.
1. This Site is a Venue (Market Place) for the purpose of Advertising and Facilitating the Long-term and Short-term Rental of Properties between property owners, approved agents or representatives and potential tenants.
1.1. WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION.
We do not own and neither can we enter into any contract concerning any rental property that is listed on the Site. Rather, the Site is a venue/market place that allows a member of our Site (each, a "member") to offer for rent, or rent, in a variety of different pricing formats and services, a specific property for rental to potential renters (each, a "potential tenant" and, together with a member, the "users").
We are not involved in the actual transaction between users even though we may from time to time provide services and tools to facilitate such a commercial relationship. These may include but are not limited to arranging appointments between users, provision of documentation and other services to enable users to enter into a transaction directly.
As such, the quality, standards, safety or legality of the properties advertised, the truth or accuracy of the listings (including the information, photographs, contents of or any property), the ability of members to rent a property or the ability of a potential tenant to pay for a rental property and associated charges are solely the responsibility of the users.
2. Personal and Private Use.
2.1. Although we do charge a fee to members to advertise their rental properties on the Site, we do not charge potential tenants to access the Site and research listings. Accordingly, we grant users a limited, revocable, non-exclusive license to access the Site to, as applicable, advertise rental properties and/or research, investigate, view or make legitimate enquiries to members regarding their interest in particular rental properties for their personal use, all in accordance with these Terms. Any other use of the Site is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission. However, the limited exception being from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable party and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that provide classified listings, advertising, promotional activities and property rental advertisements, or any subset of the same, or which is in the business of providing property rental or other real estate services.
3. Proprietary Rights and Downloading of Information and Content from the Site.
3.1. The layout, text, files, images, photos, maps and other materials on the Site (collectively, the "content") are only for your personal use. All of the content on the Site, and the Site itself, is protected by copyright and database rights. Copying or storing of any content for other than for your personal, non-commercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. As part of the rental enquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify or reproduce the content and must display our copyright notice in the form "© The PHILLIPS Group Pte Ltd - All Rights Reserved" as displayed on the relevant portion(s) of the Site that you desire to download, display or print.
4. Unauthorized Use of the Site.
4.1. Unless it is otherwise provided within these Terms, or applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Site content in any form;
• Reproduce any portion of the Site on your website or mirror or replicate any portion of the Site;
• Modify, translate into any other language or computer language, or create content derived from any part of this Site;
• Sell or offer for sale, transfer, or license any portion of the Site in any form
• Copy or keep a database copy of the content or any portion of the Site at any time;
• Use the Site other than for its intended purpose to advertise and/or research holiday rentals and to make legitimate enquiries to members;
• Use the Site to make any false, fraudulent or speculative reservation, or any reservation with the intent to make demand or claim;
• Post and/or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, indecent, inflammatory, sexually explicit, pornographic material or any material that could constitute or encourage conduct that would be considered a criminal offense, lead to rise to civil liability, or otherwise violate any law.
• Post or transmit any information that constitutes or does contain any false or misleading indications and facts;
• Use or access the Site in any way that adversely affects the performance or function of the Site, or any other computer or network systems by us or the Site, or infringes on our copyright or any copyright of our members and associates;
• Violate, copy or infringe the rights of any third parties including and without limitation, copyright, trademark, patent, rights of publicity or privacy or any other proprietary rights;
• Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms or any other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site;
• Disguise the origin of the information transmitted through the Site.
If you are aware of or experience any content, activity or communication through or in connection with the Site that may appear to be in violation of the above, or in violation of any other provision of the Terms of this Site, inform us of any such violation by sending an email to email@example.com.
5. Changes to Site and Unavailability of Site and Content.
5.1. We may change, suspend or discontinue any aspect and content of the Site at any time. This may include the availability of any Site features, database, or content, when and where we have legal, commercial or technical reasons to make such changes. We may also impose limits on certain features or services or restrict your access to parts or all of the Site for the same or similar reasons.
5.2. There may also be times when the Site becomes inaccessible as a result of technical difficulties experienced by us or on the Internet or through our service providers. We will use reasonable attention and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Site or any of its specific features at all times.
7. Data Transmittal
7.1. Many of the computer systems and companies that process your data on our behalf are based around the world including but not limited to the United States, Singapore and India and potentially also in other countries outside of Asia. As such, your personal data may be transferred to, processed and held both inside and outside of Singapore. Please note that some countries may not have well developed data protection laws in place to protect your information.
8. Identity Verification.
8.1. User verification on the Internet is unfortunately difficult and we cannot and do not confirm each user's purported identity. Therefore, we encourage you to communicate directly with user’s or member through the tools available on the Site and take your own appropriate steps to satisfy yourself of users identity.
8.2. You agree to (i) keep your password and online ID secure and strictly confidential, and provide it only to authorized users of your account, (ii) in addition, you must instruct each person to whom you give your online ID and password that he or she is not disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe that your password may have become known by any means to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Be aware that when you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or instruct to be performed.
8.3. EACH USER ACKNOWLEDGES AND AGREES THAT: (A) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (B) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS. Further, we may suspend or cancel your listing at any time even without receiving notice from you if we suspect that your password is being used in an unauthorized or fraudulent manner.
9. Limitations of Use of Other User's Information; No Spam policy.
9.1. You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or any Site-facilitated transaction, we have granted to you a license to use such information only for: (a) any Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, (c) facilitating a financial transaction between you and the other user (such as an on-line booking or charging a personal credit card) and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users' personal information to a high standard and with at least the same degree of care that you would protect your own confidential information. You assume all liability for the misuse, loss, or unauthorized transfer of such information.
9.2. You are not licensed to add a Site user, even a user who has rented a property from you or to you, to your mailing list (email or physical mail) without having the user's express consent.
9.3. No third party real estate agent or classified real estate media agent or third party may use this site to directly contact any member for the purpose of soliciting advertising, real estate property listings or other unrelated services
10. Use of Email and Communication Tools
10.1. When you elect to use the "Send to a Friend" service, you confirm and agree that you have obtained consent from the recipient of the email to our sending him/her the item on your behalf. You may not use any email service that we may offer to send unsolicited messages (often called spam) or otherwise send content that would breach these Terms and Conditions, or to gather information (such as email addresses) for those purposes. We do not permanently store email messages or the email addresses sent from these tools. If you send email using the "Send to a Friend" service to an email address that is not registered in our community, we will collect that email address and such parties will receive marketing and newsletter materials from us until such a time as they advise us to opt-out of such communications.
11. Responsibility for user-contributed content.
11.1. We have no duty but we retain the right to proactively and consistently screen content posted on the Site by members and users ("user-contributed content"). We are not responsible for user-contributed content. We do, however, reserve the right to refuse and permit the posting on the Site of, or to remove from, any user-contributed content that fails to meet our content requirement standards. We may also remove user-contributed content if it is brought to our attention that such content may be in breach of our terms and conditions.
11.2. All property listings on the Site are submitted by and are the responsibility of the member. We specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on the part of a member. Members are solely responsible for keeping their property information up to date and relevant on the Site. This includes but is not limited to any and all representations made about any property, its amenities and features, condition, suitability, location, and its availability. We do not represent, warrant or guarantee the accuracy and relevancy of any of the copy description, content, location, suitability, pricing or availability information published on the Site. Members are solely responsible for ensuring the accuracy of any property descriptions. We reserve the right at all times to disclose any information as permitted and requested by prevailing law to satisfy any law, regulation or government.
12. Limitation of Liability.
12.1. In no event will the Site, our parent (The PHILLIPS Group Pte Ltd), subsidiaries, affiliates, officers, directors and/or employees (collectively, the “The PHILLIPS Group Pte Ltd") be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from our Site, these Terms and Conditions, your use of the Site and/or any transaction between users, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Site, you do not agree with any part of these Terms, then your sole and exclusive remedy against us is to discontinue using the Site. In all events, our liability, and the liability of any member of The PHILLIPS Group Pte Ltd, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the two months prior to the action giving rise to liability, and (b) US$100.00 in the aggregate.
13.1. We warrant that the Site will be provided with reasonable care and skill with the intention of meeting our technical specifications for the Site, but we cannot and do not guarantee that the Site will meet your requirements, including (without limitation) as to the availability or speed of delivery of the Site, any of its features of content, any communication through or relating to the Site, or any transaction you may enter into with other users. Except as expressly stated elsewhere in these Terms and Conditions, all representations, warranties, conditions and other terms relating to the Site or any of its content, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of our fraud or our fraudulent misrepresentation, or where such exclusion is not permitted by law. We do not warrant that the functions of the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components, although we will take reasonable steps to avoid ourselves introducing viruses or other harmful components to the Site.
13.2. You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others.
14.1. In the event that you have a dispute with one or more other users (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release and discharge us from all liabilities, claims and expenses which arise out of or in connection with that dispute.
15.1. You agree to indemnify any member of the The PHILLIPS Group Pte Ltd against all liabilities, claims and expenses (including legal fees) that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Site; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any rental or other property-related transaction to which you are party or that is entered into in connection with this Site.
15.2. If any claim is made against us that you indemnify us for under Clause 15.1, then (a) we will have the right to conduct its defence and settlement, but (b) we will take reasonable account of any representations you make to us as to such defence and settlement.
16. Country of Law.
This Agreement shall be governed by and construed in accordance with the laws of Singapore and subject to the non-exclusive jurisdiction of the Singapore courts.
17. Notification of Infringing Content.
17.1. If you see or experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, we would like you to inform us at firstname.lastname@example.org. Although we make regular inspections of content posted, we rely upon users to notify us of infringing content, activity and communications.
18. No Agency or Partnership.
18.1. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
19.1. Except as explicitly stated otherwise, any notices shall be given (should you contact us) by email to email@example.com or by postal mail to our registered office address:
The PHILLIPS Group Pte Ltd
8 Robinson Road
ASO Building, #06.00
or, when we need to send you notice, to the email address you have provide to the Site during the registration process (in your case, and as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process (as applicable). In such case, notice shall be deemed given three days after the date of mailing. You are reminded to ensure the accuracy and truthfulness of the contact information that you provide to us at the time of registration.
We reserve the right to change these Terms and Conditions from time to time, and to post the new version. At such a time, we will notify users of the fact that there are changed Terms and Conditions on the Site, and the new version of these Terms will take effect, and will govern this Site and your relationship with us:
a. commencing one month after the date of posting or any such date as we may indicate in as the posting period notice, should any of the changes effect the operative provision of these Terms and Conditions and which may adversely affect you; if you do not wish to be governed by the new version of these Terms and Conditions, you may notify us in writing on or before the date when the new version of these Terms and Conditions to take effect, and:
1. from that date you must immediately cease to use this Site; and
2. if you are a member, then you can choose instead to remain bound by the previous version of these Terms until the end of the period for which you have paid charges to list rental properties on the Site to a maximum of four months; or
3. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in these Terms.
21. Links to other Third-Party Sites.
21.1. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third-party sites or the contents thereof. Our policy is in fact to minimise such links.
22. Your Record of These Terms.
22.1. We do not separately file the Terms and Conditions entered into by each user of the Site. If you so wish, please make a copy of these Terms and Conditions for your records by printing and/or saving a downloaded copy.
23.1. These Terms are intended to constitute the entire agreement between us and you with respect to your use of this Site. We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms and Conditions or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or part thereof, to be unenforceable, that provision shall deemed severed, and the remainder of these Terms and Condition shall continue in full force and effect.
This Site is provided by The PHILLIPS Group Pte Ltd, and our address is 8 Robinson Road ASO Building, #06.00, Singapore, 048544. We are a company registered in Singapore.
Additional Terms and Conditions that are Applicable to All of Our Members
25. Member Eligibility; Accuracy of all Information provided.
25.1. Our services may be used by members who are able to form legally binding contracts under applicable law. If you are registering to use this site on behalf of an incorporated or unincorporated entity, you represent that you have the authority to bind the entity to this Agreement.
25.2. Each member further represents and covenants that any information submitted to the Site during such member's registration with the Site shall be true and correct. Member further agrees to provide notice to the Site online regarding any updates to any such contact information previously submitted by member to the Site.
25.3. Each member further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such member; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect or flaw in a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each member agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities and services associated with the property are accurately and truthfully described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property.
26. Content, Layout and Copy.
26.1. We reserve the right to determine the design, layout, improvements and functionality of our Site.
26.2. We reserve the right to review and edit copy or amend the content, layouts or photographs supplied by any member if we deem it appropriate in our experience to enhance the advert. All content and copy edits submitted by members are subject to review and approval by us.
26.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member that is edited or amended by us.
27. Photographs and Disposal of Information.
27.1. All printed (paper based) photographs and information submitted by a member will be discarded after we have scanned the same into our database. Sadly, we are not able to return such photographs and information to you.
27.2. We will use all reasonable efforts to reproduce any photograph that is submitted to us, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this submission.
27.3. By submitting a photograph either electronically through the Site, or by email, or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph and misrepresent the property.
28. Copyright Grant(s).
28.1. If you are a member, by accepting these Terms and Conditions and by paying for and ultimately posting a property listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up rights and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content that you post on the Site or the websites of our affiliates. Further, you grant the Site and The PHILLIPS Group Pte Ltd, the ability to copyright and protect the images, copy, and content available from your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. We require these rights to host and display your listing. We are not responsible for any infringement or violation of laws resulting from content supplied by any member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by such member.
28.2. Each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
28.3. It is the member's sole responsibility to obtain reproduction permission for all photographic and other material used in their listings. The member warrants that he/she is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained.
29. Hypertext Links are not allowed.
29.1. We reserve the right to refuse hypertext links to, or addresses of, other web sites from members' pages, and to remove links or web addresses without notice. Further, we reserve the right to charge an additional fee for hypertext links at any time.
30. Substitution of Properties is not allowed.
30.1. Each listing may only relate to one specific property. The property in a listing may not be substituted by another property. If a member submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and will retain any fees associated with the term of the previously existing listing plus the new listing as compensation for the violation of this condition.
31. Advertising More than One Property on One Listing is not Allowed.
31.1. Each listing on the Site displays an individual and uniquely identified property that is available for rental. The listing specifically cannot be an example of properties in a given area. Only one property can appear on each listing. We reserve the right to amend the copy or remove any listing when more than one property is described in such listing, and will retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
32. Unauthorized Payment Methods
32.1. No member may request any user to mail cash, or utilize any instant-cash wire transfer service such as Western Union in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site from time to time will result in the immediate removal of the non-conforming listing from the Site without notice to member and without refund.
33. Termination of Advertising
33.1. All listings are sold to run the full term as selected in the listing process and as chosen by the member. If you request us to remove your listing at your request prior to the completion of the full term you are not subject to a refund.
33.2. We reserve the right to refuse any listing submitted to us either through our online submission process or sent to our offices. We may refuse to publish the listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
33.3. At our reasonable discretion, any member that submits unsuitable material to our Site or into our database, persistently misuses the Site or our online systems, or is in material breach of these Terms and Conditions, we reserve the right to remove immediately such member's property from the Site without refund and we may terminate the membership.
33.4. If we become aware of or receive a complaint from any person or entity regarding a member's listing or rental practices that, in our reasonable discretion, warrants the immediate removal of such member's allegedly offensive listing from the Site (for example, and without limitation, if a member engages in any practice that, in our reasonable discretion, would be considered unfair within the rental industry, or if we receive a complaint that any listing's content infringes on the rights of a third party), then we may immediately remove the allegedly offensive listing from the Site without notice to the member and without refund while we investigate the basis for the complaint. If we conclude, in our reasonable discretion, that any such complaint has merit, then we may permanently remove the offensive listing from the site without notice to the member and without refund.
33.5. If any member is in breach of these Terms and Conditions or its obligations to us then we may immediately remove such member's listing from the Site without notice to the member and without refund.
34. Distance Selling and Cancellation of an Advert.
34.1 When, as a member, you choose to create a listing, you are agreeing that the listing may be placed shortly after you provide your agreement to create it. As a result you do not have the right to cancel your agreement to create the listing after the payment has been made. We operate a no-refund policy and as such you are strongly advised to ensure the correctness of your purchase at the time of placing an order and your timely completion of your property listing or use of optional services.
34.2 Any refund we may choose to make is entirely at our sole discretion and any charges associated with making such a refund will be the responsibility of the member.
35. GST (General Goods & Services Tax)
35.1 Currently our services are not defined for GST purposes in Singapore. This does not preclude us from charging GST at a rate of 7% in the future, when we are legally required to do so. At such a time, these Terms and Conditions will change with immediate effect and without notice to our members and our service fees will then reflect the inclusion of the GST amount that we will then be legally required to collect.