Terms of Purchase
TERMS APPLICABLE TO ALL PURCHASES
- By purchasing any product or service, (each referred to as the "Product") from MRX.com.mm(MRX) which is operated by Vretailer Co., Ltd. ("Vretailer"), you conclude a legally binding agreement with Vretailer.
- You accept without limitation or qualification these Terms of Purchase (including Section 1 of the Terms of Purchase and such other applicable section) and the Additional Terms. The Additional Terms shall be incorporated in these Terms of Purchase by reference, and shall collectively be referred to as the "Purchasing Terms"
- In the event of any inconsistency between the Terms of Purchase and the Additional Terms, unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.
- You agree that Vretailer may modify the Purchasing Terms at any time without liability and without notice to you. The modified Purchasing Terms will come into effect 10 days after such posting. You are advised to check for updates to the Purchasing Terms regularly, prior to using any Products, or entering into any transaction, on the Website or with Vretailer.
- You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access any of the Products. You must comply with all the rules and regulations that apply to the means that you have used to access the Products (e.g. Internet access).
Except where the context otherwise requires:
- "Advertisement" shall mean an advertisement placed by you through Vretailer on an offline medium including but not limited to an offline Newsletter;
- "Listing" shall mean an advertisement placed by you through Vretailer on an online medium including but not limited to the Website;
- "Newsletter(s)" shall mean any newsletter that Vretailer may make available through any online or offline medium from time to time, including without limitation,
- Vretailer's Daily Market News, Agent Handbook and Vretailer's Property Blog;
- "Policy of Acceptable Use" shall mean http://www.mrx.com.mm/page/policy
- "Terms and Conditions" shall mean http://www.mrx.com.mm/page/terms;
- "Website" shall mean http://www.mrx.com.mm/ and its subsidiary web pages; and
- "You" or "Your" shall mean the entity entering into the Purchasing Terms with Vretailer.
PURCHASE OF PRODUCT PACKAGE
- In the event that you have purchased any Product package (including a marketing services package) ("Package") from Vretailer, you understand that, unless otherwise specified by Vretailer in writing, such Package is valid for 12 months from its date of purchase (the "Validity Period").
- Each Package shall entitle you to specified types and quantities of services from Vretailer.
- In the event that at the expiry of the Validity Period, you have not fully utilised the Package that you have purchased, Vretailer shall, unless otherwise specified in writing, forfeit the unutilised part of such Package without notice to you. You shall not be entitled to any compensation from Vretailer as a result of such forfeiture.
- If you decide to purchase another Package after the expiry of your previous Package, you understand that any unutilised part of your previous Package shall not be carried over to your newly purchased Package.
- No Package may be swapped for another Package during the Validity Period of the first-mentioned Package.
- All Packages should be purchased either through the Website, or via an authorised sales agent of Vretailer.
- Vretailer reserves the right to revise the price of any of its Products and Packages at any time.
- The revised price will be published on the Website.
- You shall not be subject to the revised price if the revision occurs during the term of your existing Package. The revised pricing shall apply when you subscribe for a new Package, or when you renew an existing Package after its Validity Period.
- You will pay to Vretailer all fees incurred in connection with the purchase of a Product or Package (the "Purchase") through a payment method made available by Vretailer from time to time. You acknowledge that you are solely responsible for any payment method that you have chosen.
- If you have been issued with a sales order or e-mail confirmation with respect to your Purchase, you shall adhere to the payment method, and payment due date, as set out in such sales order or e-mail confirmation.
- If you are paying via cheque, you understand that Vretailer is not responsible for any loss of or damage to the cheque en-route to Vretailer. You shall be liable to pay to Vretailer such administrative fees stipulated by Vretailer if the cheque bounces.
- In the event that you have made the Purchase from an authorised sales agent of Vretailer, please ensure that the agent has issued you with an invoice upon making the necessary payment. Vretailer shall not have the obligation to entertain any claims that are not supported by an invoice.
- Late payment shall bear interest at an annual rate of 6% above the average prime lending rate of KBZ Bank Ltd, or the highest rate permitted by law, from the due date until it is paid in full.
- All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Purchase.
- In the event that you fail to make payment of any fees due under the Purchasing Terms, you understand that Vretailer shall be entitled to take such steps against you to recover any fees owed to Vretailer. You agree to indemnify Vretailer of all costs and expenses, including legal fees, which Vretailer may reasonably incur in the taking of such steps.
- Vretailer may, from time to time, issue to you credits (e.g. floor plan credits or advertising credits) that may be used to offset the fees payable for a certain Purchase. You will be notified in writing of the types of Products/Packages for which the credits may be used. You understand that unless otherwise stated, all credits that are issued by Vretailer shall be valid for 12 months from the date on which the credit is issued. Any credits that have not been utilised within this 12 month period shall be forfeited by Vretailer without notice to you. You shall not be entitled to any compensation from Vretailer as a result of such forfeiture. You understand that forfeited credits will not be carried over to any subsequent credit that may be issued to you by Vretailer or purchased by you from Vretailer.
- Unless otherwise specified herein, there shall be no refund of any fees paid.
- In the event of a refund, such refund shall be paid by bank transfer to the bank account that you have provided.
- Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current.
- You agree that Vretailer's obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that you have provided. In the event that the refund is made by way of cheque, Vretailer's obligation to you is fulfilled when the cheque is mailed to you. Unless otherwise specified in writing, the cheque will be mailed to you via normal post. In the event that you request for the cheque to be mailed to you via registered post or courier, you agree to Vretailer deducting from the refund such amount necessary for the cost of mailing the cheque to you using your desired method of postage.
INTELLECTUAL PROPERTY RIGHTS
Vretailer reserves all intellectual property rights to any content and Product that it provides to you, including the Website and the Newsletter, including copyright and trade mark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. Nothing in this Agreement shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any intellectual property of Vretailer in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of Vretailer’s trade marks or trade names in an unauthorised manner.
INDEMNITIES AND LIMITATION OF LIABILITY
- You agree, at your own expense, to indemnify, defend and hold harmless Vretailer, and its subsidiaries, affiliates, officers, agents or other partners, and employees, against any claim or demand, including attorneys' fees, made by any third party due to or arising out of:
(a) the publication of your Advertisement/Listing;
(b) the content of your Advertisement/Listing;
(c) any material, product or service of provided by you, to which members of the public (including users of the Website) can access through your Advertisement/Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
(d) your violation of the Purchasing Terms.
- Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
- In no event shall Vretailer’s aggregate liability for any claims under or pursuant to the Purchasing Terms exceed the aggregate fees actually paid by you for the preceding 12 month period at the point in time when the claim(s) is/are made against Vretailer.
- You expressly understand and agree that:
(a) your use of any Product is at your own risk. Such Product is provided by Vretailer on an "as is" basis. Vretailer expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;
(b) Vretailer makes no warranty that:
(i) its services will meet your requirements;
(ii) its services will be uninterrupted, timely, secure and error-free;
(iii) its services will be accessible at any time or at all times via the channel selected or used by you;
(iv) the quality of any services, information or other material purchased or obtained by you through its services will meet your expectations; and
(v) any errors in the services will be corrected.
For the avoidance of doubt, no advice or information, whether oral or written, obtained by you from Vretailer or its employees, agents or through or from the services shall create any warranty not expressly stated in the Purchasing Terms.
USE OF PERSONAL INFORMATION
- You acknowledge that Vretailer may collect your personal information. Such information includes without limitation your name, photograph, email address, telephone number and address.
- Vretailer shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.
- You agree that even after the completion of any transaction between you and Vretailer, Vretailer is entitled to use your personal information for the purposes of
- Vretailer may terminate the Purchasing Terms without prior notice. Cause for such termination shall include without limitation:
(a) you being declared insolvent or bankrupt;
(b) failure to make any payment that is due under the Purchasing Terms;
(c) request by law enforcement or other government agencies;
(d) failure to comply with the Purchasing Terms
(e) infringement of intellectual property rights of others;
(f) discontinuance or material modification to the services of the Website or part thereof; or
(g) unexpected technical or security issues or problems.
- You further understand that a termination of the Purchasing Terms shall result in a termination of your access to the Product that you have purchased. Vretailer shall be under no obligation to refund you the whole or any part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Purchasing Terms in accordance with its terms.
- Termination of the Purchasing Terms shall be without prejudice to any other rights or remedies Vretailer may be entitled to under the Purchasing Terms, 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 Purchasing Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
- The failure of Vretailer to exercise or enforce any right or provision of the Purchasing Terms shall not constitute a waiver of such right or provision. If any provision of the Purchasing Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Purchasing Terms remain in full force and effect.
- Unless otherwise stated herein, all notifications to Vretailer pursuant to the Purchasing Terms shall be sent via e-mail to firstname.lastname@example.org.
Section 3 (Marketing Services) shall apply to all forms of marketing services that may be provided by Vretailer from time to time. Such marketing services shall pertain to Listings or Advertisements.
Depending on the type of marketing service that you have purchased, a Listing or an Advertisement (as the case may be) may pertain to the advertisement or promotion of:
- your services as a real estate sales person;
- the sale or rental of real property, both commercial and residential; or
- any other services or products that Vretailer may allow you to advertise or promote from time to time, including, without limitation, relocation services, and home and office furnishing services.
For the purposes of this Section 3 (Marketing Services), "Content" shall mean the content of a Listing or an Advertisement (as the case may be) and any other content and instructions supplied by you to Vretailer, that are reasonably required by Vretailer in order to publish the Listing or Advertisement, as the case may be.
Please check the Website, sales order, invoice, e-mail confirmation (if any) or with Vretailer for the particulars of the Advertisements/Listings to which you are entitled.
Submission of Content:
- All Content should be submitted to Vretailer through the methods specified by Vretailer before the date of placement of the Listing/Advertisement.
- However, if your marketing services Package allows for Listings to be placed immediately after submission on the Website, you may submit your Content to the Website at any time. In the event that you are unable to submit the Content through the Website, or if Vretailer has so instructed, please send the Content to Vretailer via e-mail to email@example.com or via such method that Vretailer may specify.
- All Content should be submitted in the file format specified by Vretailer.
- If you are sending Content via e-mail or post, please indicate the following information about yourself:
(c) date of placement of Advertisement/Listing; and
(d) sales order reference number (if any).
- You understand that Vretailer may in its sole discretion reject your Advertisement/Listing, or subject to you paying to Vretailer such administrative fees that Vretailer may stipulate, postpone the placement of your Advertisement/Listing to the next available timing, if you do not:
(a) provide the information set out in Clause 3.5.4;
(b) submit the Content in the prescribed format; or
(c) submit the Content on by the deadline prescribed by Vretailer.
Placement of Advertisement/Listing
- The acceptance of payment by Vretailer pursuant to your purchase of a marketing services Package shall not be deemed to be an undertaking by Vretailer to accept any Advertisement/Listing. Vretailer reserves the right to approve or reject any Advertisement/Listing at its sole discretion without providing reasons to you. Vretailer retains full discretion to the placement of any Advertisement/Listing.
- You understand that the placement, positioning and presentation of a Listing is at the discretion of Vretailer.
- You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is published or repeated. Vretailer is not obliged to accept any requests to correct errors after the Advertisement/Listing is published or repeated and you shall be solely and fully responsible for such errors.
- You understand that Vretailer does not undertake to review the Content. The publication of any Advertisement/Listing will not be deemed to constitute an acceptance by Vretailer that such Advertisement/Listing complies with the Purchasing Terms and the Policy of Acceptable Use.
- In submitting the Content for the placement of an Advertisement/Listing, you represent and warrant that:
(a) you have abided by Vretailer's Policy of Acceptable Use and Terms of Service (where applicable);
(b) you have the right to publish the Content without infringing the rights of any third party and without violating any law, in particular, that you have not used photographs provided by other users of the Website unless such photographs are provided under shared photographs;
(c) no photograph in the Content contains the watermarked logo or name of any of Vretailer's competitors;
(d) you have obtained all necessary legal, regulatory and governmental approvals, licenses, consents and permits in relation to any promotional activity, including but not limited to lucky draws, contained in the Advertisement/Listing, if any;
(e) the Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
(f) you have complied with all applicable laws, rules and regulations in the placement of the Advertisement/Listing, whether in the jurisdiction in which the Advertisement/Listing is placed, or the jurisdiction in which the targeted audience of the Advertisement/Listing resides.
- With regard to any third party websites that may be linked through the Content, you shall ensure that the third party website is relevant to the Content, and that the third party website is not a website providing auctioneering or advertising services.
- You hereby grant Vretailer, including its employees, sub-contractors or agents, a non-exclusive and non-transferable license to edit, amend or otherwise correct any Content.
- You shall ensure that the all Listings are placed in categories that best describes the services that you are providing. Vretailer reserves the right to re-locate the Listing to the correct category. For example, a Listing concerning the sale of a property should be placed under the "For Sale" category, while a Listing concerning the rental or the letting of a property for rental should be placed under the "For Rental" category.
- Vretailer reserves the right to remove any Advertisement/Listing that does not comply with the Purchasing Terms, or upon request by law enforcement or government agencies, without providing reasons or prior notice to you.
- You understand that Vretailer may from time to time make changes to the format and layout of its Newsletter or Website without prior notice to you. This may result in changes to the format or layout of your Advertisement/Listing. However, Vretailer shall not make any changes to the content or size of your Advertisement/Listing.
- You may, at any time, request that Vretailer withdraw any Advertisement/Listing that has been published. However, Vretailer is not liable to refund to you any fees that you have paid for the withdrawn Advertisement/Listing. You understand that in certain circumstances, a withdrawal of a published Advertisement/Listing is not feasible (e.g. where an offline Newsletter has been published). Where Vretailer is agreeable to withdraw the published Advertisement/Listing, Vretailer shall be entitled to charge you administrative fees (at its sole discretion) for such withdrawal.
- The use of HTML tags, bots or any means other than those provided on the Website is a violation of the Purchasing Terms and may result in Vretailer deleting your Listing. Continued violation of this Clause may result in suspension or termination of your Account and forfeiture of the remainder of your Package.
Use of Content:
- You grant to Vretailer an irrevocable, non-exclusive, royalty-free, worldwide right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or Vretailer's marketing or distribution or placement of advertisement/Listing on other mediums other than the Website or the Newsletters.
- You understand that Vretailer may use your name and photograph (if any) for the purposes of Vretailer's marketing or distribution activities.
- You shall indemnify and hold harmless Vretailer and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the publication of the Content.
- Section 4 (Data/Research Products) pertains to Products of Vretailer that allow you to access data, statistical information and analyses of data pertaining to real estate trends in Singapore (for the purposes of this Section 4 (Data/Research Products), "Vretailer Research Data"). Vretailer Research Data may be made available via the Website, Newsletter, or any other medium as may be determined by Vretailer from time to time.
- Pursuant to discussions with you, Vretailer may provide to you customised data/research products, in accordance with your preferences or requirements that you have conveyed to Vretailer.
- Restrictions of use of Vretailer Research Data:
- The contents of Vretailer Research Data shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written consent of Vretailer.
- In the event that you wish to distribute the Vretailer Research Data or use the Vretailer Research Data in any way, you should submit your request to Vretailer in writing, stipulating the Vretailer Research Data that you intend to use, intent of use, manner of use, time frame of use and identity of the user. You understand that Vretailer is not obliged to accept your request.
- You may view, download and print the Vretailer Research Data if:
(a) the Vretailer Research Data is used solely for your internal business purposes or personal use (as the case may be), and is not distributed to a third party;
(b) no alterations, additions or modifications are made to the Vretailer Research Data; and
(c) due acknowledgement is given to "PropertyGuru Pte Ltd" and citing the sources for the relevant data extracted.
- Where reproduction of the Vretailer Research Data is permitted, you must ensure that no analysis or transformation of the Vretailer Research Data may be presented in a manner which suggests or is likely to lead to the belief that the analysis or transformation of the Vretailer Research Data is attributable to Vretailer.
- You must not use the Vretailer Research Data for purposes deemed to be inappropriate and/or misleading. Such instances include, but are not limited to:
(a) presenting the Vretailer Research Data in a misleading or incorrect manner, or misrepresenting the data; or
(b) using the data to promote or support any illegal activities.
- Your use of the Vretailer Research Data shall adhere to the Policy of Acceptable Use.
- Vretailer owns all intellectual property rights in the Vretailer Research Data. Vretailer hereby grants you a non-exclusive and revocable license to use the Vretailer Research Data for your internal business purposes or for personal use, as the case may be).
The Vretailer Research Data should not be used for any official or commercial purpose or as a substitute for professional advice. It is provided “as is” and Vretailer gives no warranty as to its accuracy. Vretailer shall not, in any event, be liable for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of the valuation provided. It is reasonably expected that you should seek professional advice before entering into any transaction.
Vretailer reserves the right to modify, alter or withdraw the Vretailer Research Data at any time, for any reason whatsoever, without notice to you.
WEBSITE CREATION SERVICES
- Section 5 (Website Creation Services) shall apply to all Packages allowing for the building and/or customisation of a webpage based on a template provided by Vretailer. For the purposes of this Section 5 (Website Creation Services), the webpage, as built or customised for you, shall be hereinafter referred to as the "Webpage". You understand that you shall be solely responsible for the maintenance of the Webpage.
- Intellectual property rights:
- You shall own all intellectual property rights in the content that you have supplied for the purposes of the Webpage (for the purposes of this Section 5 (Webpage Creation Services), "Customer Content"). You hereby grant to Vretailer a non-exclusive, perpetual and irrevocable to use the Customer Content for Vretailer's marketing purposes.
- Vretailer owns all intellectual property rights in the webpage templates and any other content/material (for the purposes of this Section 5 (Webpage Creation Services), collectively "Vretailer Content") that it provides to you for the purposes of building and/or customising the Webpage. Vretailer grants to you a non-exclusive and revocable license to use the Vretailer Content for the purposes of creating and maintaining your Webpage.
- You acknowledge that you have sole responsibility for the use of any third party intellectual property rights included in the Customer Content.
- You represent and warrant that:
- you have the right to publish the Customer Content without infringing the rights of any third party and without violating the law;
- the Customer Content abides by Vretailer's Policy of Acceptable Use;
- the Customer Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
- you have complied with all applicable laws, rules and regulations in the publication of the Customer Content.
- Vretailer will not be responsible for the accuracy and/or functionality of the Customer Content in the form in which it is provided to Vretailer or as modified upon and in accordance with your instructions for inclusion on the Webpage.
- Vretailer will not be responsible for your failure to provide any services being promoted on the Webpage.
- You understand that Vretailer does not undertake to review the Customer Content. The inclusion of the Customer Content by Vretailer on the Webpage or the continuous availability of the Webpage to members of the public will not be deemed to constitute an acceptance by Vretailer that such Webpage, Customer Content and any third party websites linked through the Webpage complies with the Purchasing Terms and the Policy of Acceptable Use.
- Vretailer reserves the right to takedown or remove access to any Webpage that does not comply with the Purchasing Terms, without notice or liability to you.
- You shall indemnify and hold harmless Vretailer and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Customer Content, including but not limited to the posting and/or transmission of Customer Content on the Webpage.
- Section 6 (SMS Campaign) shall apply to all Packages relating to the conduct of marketing services via SMS, as may be provided by Vretailer from time to time.
- For the purposes of this Section 6 (SMS Campaign), "Content" shall mean the content of an SMS and any other content and instructions supplied by you to
- Vretailer , that are reasonably required by Vretailer in order to send the SMS.You shall be responsible to check and endorse all Content and the accuracy and veracity of the same before it is sent. Vretailer is unable to retract any SMS that is sent.
- You represent that:
- the Content abides by Vretailer's Policy of Acceptable Use;
- you have the right to disseminate the Content without infringing the rights of any third party and without violating any law;
- the Content is true, current and accurate, and does not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information;
- you have complied with all applicable laws, rules and regulations in the dissemination of the Content.
- You grant to Vretailer, including its employees, sub-contractors or agents, a non-exclusive and non-transferable licence to edit, amend or otherwise correct the Content prior to dissemination.
- You understand that Vretailer does not undertake to review the Content. The dissemination of the Content will not be deemed to constitute an acceptance by Vretailer that such Content complies with the Purchasing Terms and the Policy of Acceptable Use.
- You shall indemnify and hold harmless Vretailer and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the dissemination of the Content.
- Section 7 (Newsletter Subscription) shall apply to all subscriptions to Newsletters that Vretailer may publish from time to time.
- Please ensure that all personal information that has been provided in the subscription of the Newsletter is true, accurate and current. Vretailer is not liable for your failure to receive the Newsletter if such failure of receipt is due to an error in the personal information that you have provided.
- In the event that you have subscribed for an online Newsletter, you shall be responsible for ensuring that the Newsletter gets to your inbox, for example, by adding emails from Vretailer to a "safe" list.
- In the event of a change in your personal information, please notify Vretailer of such change through such methods specified by Vretailer as soon as possible, to ensure that you do not experience a disruption in your receipt of the Newsletter. All changes to personal information shall take effect within 5 business days from the date on which Vretailer is notified. Vretailer is not liable for your failure to receive the Newsletter prior to the date on which the change to your personal information takes effect.