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End User License Agreement (EULA)
Agreement to Terms
All access of any area of http://showsuite.com (“Website”) and the Showsuite mobile application (“App”) is governed by the terms and conditions below (“Terms”). If you do not accept and agree to be bound by any of these Terms, please exit from the Website and/or App immediately. Continue only if you accept and agree to be bound by these Terms.
We may revise these Terms at any time without prior notice by updating this page. You should visit this page regularly to review the Terms and ensure that you are familiar with any changes because they are legally binding on you. We may modify or discontinue any features, services, tools, directories or content that form part of the Website and App at any time, with or without notice, and without liability.
Your continued use of our Website and/or App after any changes to the Terms has been made constitutes your acknowledgement of and acceptance to such changes.
In these Terms, the words “we”, “our” and “us” refer to Showsuite Pte. Ltd., the operator of the Website and the App. We are registered in Singapore under company number 201610536Z. The words “you” and “your” refer to property developers, property agencies, property agents or the general public. These four categories of persons will be referred to collectively as “User” or “Users”.
We are a technology company that offers an effective and user-friendly technology platform for Users in the property market. In particular, we provide:
for property developers, amongst other features, a practical and streamlined platform whereby our system will generate quick overviews of information of the property developer’s projects (“Projects”) which are listed on our Website and App; present the property developer’s Projects and units information, provide dashboards and traffic analytics, and in some cases, generate real-time statistics in relation to the Projects; and provide the capabilities to upload and change information regarding a Project instantly;
for property agencies and property agents, amongst other features, a myriad of tools for property agencies to: monitor the individual performance of their property agents; and for property agents for a particular Project, to use the contents of Website and/or app to market and share to prospective buyers, and
for the general public, amongst other features, an accessible and easily operational platform with capabilities to view educational videos designed to assist the general public on topics related to the purchase of a home; capabilities to view Projects, in some instances, via Interactive 3D computer generated image project models and floor plans and virtual reality floor plans; and general information on a particular property including the property type, location, district, tenure, number of units, with the ability to view and make enquiries.
We hereby grant Users a limited, terminable, non-exclusive right to access and use our Website and/or App for the above services.
We do not function as an estate agent pursuant to the Estate Agents Act (Cap. 95A) and our services are not to be construed in any way as acts of an estate agent. Users acknowledge that we provide our services for information and/or advertising purposes only. Our services seek to improve the collaboration and relationship between the Users in a more effective and efficient manner. It is entirely up to the property developers to offer Projects to be listed on our platform and entirely at the sole discretion of a prospective property buyer to view and make enquiries.
We expressly exclude our liability for any loss or damage arising from the access and use of the Website and/or App by Users.
Access to the Website and App
Our Website and App are currently directed to the general public in Singapore although the publicly available content on the Website and App is accessible by everyone globally. We do not represent that content available on or through our Website and App is appropriate for use or is available in other locations other than Singapore.
Whilst you will not need to register for an account with us should you merely choose to browse the contents on the Website and App, you will need to register for an account (“Account”) in order to make an enquiry, access your account information and any other records associated with your use of the Website and App.
By registering for an Account, you confirm that you are above 21 years of age and fully understand these Terms.
All registrations for an Account are done by utilising an email address (and in some instances, mobile number in addition to email address) and a password (“Log-in Details”). Property developers, property agencies and property agents are required to register for an Account with their professional work email addresses and mobile number, besides other information that may be required, while the general public may register for an Account with their personal email addresses, Facebook login details or Google login details.
You must treat such Log-in Details as confidential. You must not disclose it to any third party. You must not authorise others to use your Account and you must not assign or otherwise transfer your Account to any other person or entity. We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you know or suspect that anyone other than you knows your Log-in Details and has access to your Account, you must promptly notify us at firstname.lastname@example.org or +65 6264 8977.
We have the right to disable the access of any User at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
The accessibility and operation of the Website and/or App relies on systems, databases and technologies outside of our control. While we strive to provide the Website and/or App to you on a continuous basis and will take all commercially reasonable efforts to do so, we do not guarantee continuous accessibility or uninterrupted operation of the Website and/or App. We will not be liable to you if, for any reason, access to the Website and/or App is delayed or unavailable for any period of time. For the avoidance of doubt, the term "commercially reasonable" as used in this clause, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
We may at any time change, suspend, or discontinue the Website and/or App, any of its content, and/or access to part or all of it, for any reason. We may also impose limits on certain features or restrict your access to parts or the entire Website and/or App without notice or liability.
Security of the Website and App
Where appropriate, we use available technology to protect the security of communications made through the Website and App. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Website and/or App.
Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Website and/or App are free of infection by computer viruses or other unauthorised software.
You should take appropriate steps to be responsible for keeping your information, software and equipment secure. This includes clearing your Internet browser’s cache after using any features, services, tools, directories or content on the Website and/or App.
Our Website and/or App enables you to upload, change, accept and/or reject content in real-time which include, but are not necessarily limited to:
or property developers: the information relating to a Project e.g., the price of each unit, property agency commissions; and
or the general public: the information required when making an enquiry.
We reserve the right to conduct any verifications of any information provided to us, in our absolute discretion, where necessary and appropriate.
in using the Website and/or App and any features, services, tools, directories or content offered on the Website and/or App, comply with all applicable local and international laws and regulations;
not use the Website and/or App in any unlawful manner, for any unlawful purpose such as stalking or harassing another User of the Website and/or App, or in any manner inconsistent with this Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, bugs, harmful data or any other similar computer code designed to adversely affect the operation of any computer software or hardware, into the Website, App or any other computer system;
not engage in potentially fraudulent, suspicious or illegal activities and/or transactions, for example, in money laundering activities;
not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
not infringe our intellectual property rights or those of any third party in relation to your use of the Website and/or App;
not use the Website and/or App in a way that could damage, disable, overburden, impair or compromise our systems, databases, servers or security or interfere with other users;
not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on the Website and/or App;
not use the Website and/or App in a way that would enable unauthorised third parties from accessing the Website and/or App contents (such as by deep linking, in-line linking, mirroring, framing, or other similar forms of navigational technology); and
not reproduce, duplicate, copy or re-sell any part of our Website and/or App in contravention of these Terms.
For the avoidance of doubt, you are responsible for transmitting accurate, reliable, complete and up-to-date information and must not transmit any:
defamatory material of any person or persons;
obscene and offensive material;
any sexually explicit material;
any discriminatory material based on race, sex, religion, nationality, disability, sexual orientation or age; and
any other material objectionable in relation to your use of the Website and/or App.
Additional Terms Applicable to Property Agencies and Property Agents
As a property agency which will be able to create and provide individual Log-in Details for its own property agents, you are strictly liable and responsible for all uses of the Accounts created and registered with us under your main Account, whether or not authorised by you. You agree to immediately notify us at email@example.com or +65 6264 8977 of any unauthorised use of the Accounts belonging to you.
Where you provide us with information about your property agents, you undertake that you have obtained valid consent from your property agents in the collection, use and/or disclosure of their personal data e.g., the collection of photo and contact details and the disclosure of such information to us. You represent and warrant that you are solely responsible for the accuracy and completeness of such information provided by you to be processed and uploaded by us. You are responsible for notifying us immediately of any changes to the information previously provided to us.
You undertake that you are solely responsible for the relationship between you and your property agents and that it is your sole responsibility to inform your property agents about the following non-exhaustive list of issues:
only property agents who have been assigned by you to be responsible for a Project will receive commission for any sales from that Project;
property agents may be listed on our Website and/or App on a random basis using an algorithm;
as property agents will have access to, for instance, the personal data of persons who have appointed them as their agents, property agents are specifically prohibited from using such personal data for selling or promoting any products and/or services or take any action that is inconsistent with these Terms or in violation of any applicable local and international laws and regulations.
You agree to our fees, including but not limited to, the subscription fees, the rates of which are governed by our prevailing rate cards and invoices to you; and to the timely payment of such fees. Failure to do so shall be regarded as a material breach of this agreement.
Additional Terms Applicable to the General Public
Apart from relying on the information on the Website or App, you should do your own checks and obtain professional advice from your property agent regarding your particular circumstances. These may include obtaining advice as to your eligibility to purchase a property listed on our Website and/or App. The information on the Website and App is not intended to be a substitute for the professional advice and views of your assigned property agent.
Hyperlinks and Third Party Content
We reserve the right to refer to and provide third party content in the Website and/or App.
We do not warrant and endorse, and are not responsible or liable for the availability or content of any other third party content which are not provided, owned or operated by us, such as any other Internet website linked to or from the Website and/or App. Any link provided on the Website and/or App is solely for your convenience. These links do not constitute endorsements or recommendations. Access to any other Internet site is at your own risk.
We reserve the right to object to or disable any link or frame to or from the Website and/or App.
We reserve the right to change the URL of the Website and/or App.
For the avoidance of doubt, you will not hold us or our service providers liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of any third party website or application, including, but not limited to, any damage or loss suffered as a result of reliance on the contents contained in or available from any such third party website or application.
In these Terms, “Intellectual Property Rights” shall mean patents, utility models, rights to inventions, copyright and related rights, moral rights, trade-marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), semiconductor topography rights, image rights, rights in personality and similar rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
All Intellectual Property Rights in the Website and App and the features provided therein (including but not limited to 3D models, 3D plans, virtual reality plans, drone images, educational videos and videography as well as source codes, user interface, software, graphics, logos and audio) throughout the world belong to us (or our licensors), save for any content that the Users may upload to the Website and/or App.
Subject to clause 10.2, we hereby grant a non-exclusive, non-sub-licensable and revocable licence to the Users of the Website and/or App to use our Intellectual Property Rights in the Website and App in accordance with these Terms.
Notwithstanding clause 10.3, to the extent that a User has provided us with Details through the Website and/or App, and 3D models and/or 3D plans and/or virtual reality plans are generated by us based on such Details to be displayed on the Website and/or App, such User hereby agrees to:
assign full rights, title and interest in the Intellectual Property Rights in such derivative 3D models and/or 3D plans and/or virtual reality plans to us, to the extent that the same is not owned by us; and
grant us a non-exclusive, sub-licensable and irrevocable licence to use such Details for the purposes of the Website and App, and any other purposes as we deem fit.
In providing us with the Details, the User represents and warrants that:
The Project and its Details are the original work of the User and have not been and will not be copied wholly or substantially from any other work or material or any other source; and
The User is the sole and legal beneficial owner of the entire copyright and all other rights in, or has obtained the necessary permissions from such owner(s) for the purposes of, the Project.
The User shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute such documents and perform such acts as may be required for the purpose of giving full effect to these Terms, at our request, including assisting us in obtaining, defending and enforcing our rights and interests in the Intellectual Property Rights, and assisting with any other proceedings which may be brought by or against us or by any third party relating to the Intellectual Property Rights.
General Disclaimer and Limitation of Liability
To the extent permitted under law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or App, or any content on it, whether express or implied.
We do not give any representations, warranties, guarantees, or any other commitments, or accept any liability, to you in respect of any content provided by you or to other Users of the Website or App by third parties.
We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, loss of revenue, loss of profits, or otherwise, even if foreseeable, arising from or in connection with:
any inaccuracy or incompleteness in, or errors or omissions in the information on the Website or App;
you using, visiting or relying on any statements, opinion, representation or information in the Website or App;
any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software; or
the conduct or the views of any person who accesses or uses the Website or App.
We provide the Website and/or App on an “as is, as available” basis and as a technology platform to effectively and efficiently link Users in the property market. We are not involved and are not responsible in the process of legally transferring the property between a property developer and the general public. For the avoidance of doubt, we do not function as an estate agent pursuant to the Estate Agents Act (Cap. 95A) and our services are not to be construed in any way as acts of an estate agent.
All information contained in the Website and App is for informational and illustrative purposes only. The Website and App may not cover all information available on a particular Project, and whilst we endeavor to provide you with accurate, complete and up-to-date information, errors may occur and we do not guarantee that the information provided will be accurate, complete or up-to-date:
educational videos: these videos are designed to assist the general public on topics related to purchasing a home. We have made all reasonable efforts to ensure that the contents in the videos are accurate as of [insert date]. For the avoidance of doubt, the contents in the videos may no longer be accurate should there be any amendments to the legislation and/or any other applicable requirements after [insert date];
real-time information displayed on our Website and/or App: real-time information may include, for instance, the prices of properties. The prices of properties indicate the prevailing selling price at the time that they were viewed by the User and are subject to change instantaneously;
interactive 3D project models: the project models displayed on our Website and/or App merely provide an indication of the exterior façade of the Project and surroundings and may be subject to change. In any case, they are computer generated images with limitations on accuracy especially in respect to scale, colour, texture of materials, landscaping, amongst others;
interactive 3D floor plans and virtual reality floor plans: floor plans displayed on our Website and/or App merely provide a general overview of the layout of the units in a Project. Plans and dimensions may not be perfectly accurate as they are computer generated images with limitations on accuracy especially in respect to scale, colour, texture of materials and equipment, amongst others. Furniture, fittings or other elements of specification which are not included in the sale of the property are merely designed to give you an indication of how a property might look with furnishings. In addition, other specifications such as the heights of the windows shown, curved walls and slanted ceiling domes are merely designed to provide you with an indication of how a property might look like in its entirety. As such, ordering of furnishings such as carpets, flooring, furniture and appliances should be based on the actual measurements of the property, which remain subject to the customary and legal construction allowance in respect to dimensions; and
drone images: drone images are taken from selected points of a Project. While the date that the drone images were taken will be date-stamped onto the images, as the Project and the surroundings will be under continuous development, the details found in the drone images may be subject to change without notice and are intended to give only an indication of the general views of the surroundings of the Project in the general orientation the images were taken.
Cancellation, Suspension and Termination
If you would like to cancel your Account with us, please provide us with:
for property developers, at least three (3) months written notice.
for property agencies, at least three (3) months written notice; and
for the general public, at least three (7) days written notice.
If you cancel your Account with us or your Account is terminated, all your account information and any records associated with your use of the Website and App will be marked as deleted and may be deleted from our webservers and databases. Such information may continue to be available for some period of time because of delays in propagating such deletion through our web servers and databases.
After one (1) year of inactivity, we may send you a link for you to acknowledge that you would still like to maintain your Account with us. In the event that we receive no response, we may, at our discretion, deactivate and delete all of your information in your Account.
We will determine, in our reasonable discretion, whether there has been a breach of these Terms through your use of the Website and/or App. When a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach and may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our Website and/or App;
immediate, temporary or permanent removal of any posting or material uploaded by you to our Website and/or App;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
By using the Website and/or App, you agree to indemnify, defend and hold harmless us and our affiliates, and our respective directors, officers, employees, affiliates, agents, contractors and licensors harmless in respect of any claims arising out of: (i) your breach of these Terms, (ii) your use of the Website and/or App, or (iii) any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred. This shall include, but not be limited to, our legal costs, expenses and/or damages arising in respect of the abovementioned claims.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
If we do waive a default by you, we will only do so in writing and it will be signed by our authorised representative. Nevertheless, that will not mean that we will automatically waive any later default by you.
If any provision of these Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision shall be deemed to be deleted.
Governing Law and Jurisdiction
The use of the Website and/or App, and the Terms, shall be governed by and interpreted in accordance with the laws of Singapore.
Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall first be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure of the Singapore Mediation Centre for the time being in force. The parties agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached. If parties fail to reach a settlement, the dispute shall be referred to and finally resolved by the courts of Singapore (which shall also include the Small Claims Tribunal).