The manager of the present website, “agentoftheyear.sg” (“Website”), is the Service Provider, who provides the service specified in Terms and Conditions (“Terms”).
This service is provided by Zeus Holding Market Ltd. (seat: Intershore Chambers, 3rd Floor, Geneva Place, Road Town, Tortola, VG1110, British Virgin Islands; registration number: 1885546; e-mail: [email protected]; hereinafter: "Service Provider").
The Service Provider provides a website with database of registered estate agents of Singapore (“Agent”). Users may register on the Website, or sign in with valid registration on the agent.sg website. After singing in, users have access to the database of Agents. All users have the possibility to vote for the “Agent of the Year”.
The Service Provider reserves the right, to cancel votes if the Service Provider finds any irregularities during the voting.
The Service Provider reserves the right, to ban the User from the Website without any reasons, if the User commits fraud during the vote.
After the vote is closed and the votes are summed up, the Service Provider publishes the results (on several websites, including agent.sg and landlord.sg), including the Agent of the Year, which is the Agent with the largest number of votes.
The closing date for the vote is published on the Website. The Service Provider reserves the right of prolonging the final date.
The Service Provider may use the e-mail address of the users for advertising purposes (see below).
The User (“User”) is any person registering on the website, or signing into it.
Terms applies to all Users of the Website (including registered or non-registered visitors). By accessing this Website, User expressly and irrevocably agrees to the Terms.
By accepting the Terms, the User acknowledges and accepts that it has read and is aware of the Terms herein set forth and shall use the Service and the Website in accordance with the Terms.
The effect of the Terms covers the Service provided by Service Provider specified on the Website and his data management.
The Terms shall govern the legal relationship between the Service Provider and the User.
The Website and the Service found on the Website may contain links to third-party websites or such other third-party related services, sales activities, advertisements, promotions, or other campaigns which are not owned or controlled by the Service Provider. Unless otherwise expressly stipulated, the Service Provider assumes no responsibility for the content, terms and conditions or practices of any third-party websites.
Service Provider reserves the right of modification of the Terms. Service Provider will modify Terms in the following cases:
The Service Provider will inform the User about any and all modifications prior to the amendments entering into effect. The Service Provider will publish the modified terms of the Terms on the Website and the modifications shall be operative after such publication.
Service Provider is a business company registered in British Virgin Islands, who performs its activity first of all under the effect of the legal rules in force in British Virgin Islands. The Terms shall be governed by the law of British Virgin Islands. User who chooses to access this Website and uses its Service is responsible for compliance with all local laws, rules and regulations.
The Service Provider collects and manages publicly available data.
The beneficiary (obligee) of the data relating to the User is the User. The data of the User or acting in the sphere of interest of the User are personal-type data, which the data-subject is entitled first of all to dispose of.
The title of data management is the voluntary consent given by the holder of data. By means of the use of the Website and the registration the User accepts the Terms and expressly consents to the fact that his/her specified data be managed in accordance with the present Terms.
If the User specifies the data of a natural person other than the User, the User shall obtain the consent of the affected person except if this consent is not needed due to a legal rule. In case of the communication of the data of a natural person the User will be liable that such data be communicated lawfully. User will make sure that the affected persons are informed about data management.
Since the User enters - by means of the registration and the acceptance of the present Terms - into a legal relationship with Service Provider, the prevailing legal rules are authoritative also for data management.
The objective of the data management is the identification of the User and the provision of services as well as the analysis, development of the Website.
The Service Provider is entitled to use the address specified by User (email address, phone number, or any other identification data for contact purposes) for the purposes of sending the User, newsletters or advertising letters in connection with the Service Provider, or the Service provided by the Service Provider. The User accepts that the Service Provider uses the data collected in the course of the User’s use of the Website for advertisement purposes so that the Service Provider may send offers to the User, those which are specifically tailored to the User’s behavioral patterns on the Website.
Service Provider erases the data received in following cases:
With the exception of the User’s public data or data managed on the basis of a legal rule, User is free to ask for the cancellation of his/her data. The cancellation of the data necessary for registration results the cancellation of the registration itself.
No charge is imposed for accessing or using any part of the Website. The Service Provider reserves the right to introduce, from time to time, a charge for accessing or using the Website.
Beneficiary of all intellectual works published by the Service Provider on the Website shall be the Service Provider. Intellectual works can be used only as determined by the governing law.
The User is not entitled to copy, multiply, make use of, sell, modify, edit or publish the intellectual works.
In case of any breach of the above point, the defaulting party shall be bound to indemnify the other party for any and all damages and costs, including but not limited to financial loss, lost profit, compensation for expenses expensed during mitigation of the impending damage, the lawyer’s fees expensed in connection with due process, costs arisen in line with mitigation of the damage. Should reproduction or replacement of the confidential data or intellectual works be necessary as a result of a breach of the terms, the relevant costs shall also be borne by the defaulting party.
Service Provider shall take all reasonable measures that can be expected for purpose of smooth and continuous operation of the Service. It shall exercise its rights specified above (conditions of use, modifications of services, measures taken against the User etc.) mainly for these purposes and also to adjust the Service according to the requirements of the User.
The Service Provider shall make efforts to eliminate possible defects, problems occurring during operation of the Website. The Service Provider shall not be liable either for failure or for standstill taken place for reasons beyond its sphere of interest and control
User expressly agrees that its use of the Service is at the User’s sole risk. TO THE FULL EXTENT PERMITTED BY LAW THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND THE SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. THE SERVICE PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY REGISTERED PERSON OF THE WEBSITES.
IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE USE OF THE WEBSITE OR THE SERVICE, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User may forward his/her complaints, objections directly to the Service Provider that shall do its utmost to stop and remedy possible infringements. Service Provider shall examine the complaints submitted and shall inform the User about its standpoint and measures taken.
The User shall be entitled to submit its lawful claim to the authority or court under the governing law.