TERMS OF SERVICES
Thanks for using our products and services (“Services”). The Services are provided by Waigomation Hongkong Limited. (“Waigomation”). By using our Services, you are agreeing to these terms. Please read them carefully.
Effective Date: 1 August,2015
1.1 This website is operated by Waigomation Hongkong Limited. (“Waigomation” or “We” or “Us”). Our office address is Room 702, 7/F Kowloon Building, 555 Nathan Road, Kowloon, Hong Kong.
1.2 Please read these Terms and Conditions carefully. They cancel and replace any previous versions.
1.3 We may change these Terms and Conditions by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website or services following the effective date shown. If you are a business with an account with our site and you do not agree to the changes (provided that they are important ones and not required by applicable law or regulations), you can cancel your account by giving us notice by email to email@example.com.
1.4 In this agreement (except where the context otherwise requires): the clause headings are included for convenience only and shall not affect the interpretation of this agreement; use of the singular includes the plural and vice versa; use of any gender includes the other genders; any reference to “persons” includes natural persons, partnerships, companies, corporations, associations, organizations, governments, foundations and trusts (in each case whether or not having separate legal personality); any reference to a statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which we enacts or consolidates (with or without modification) any such legislation; any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, or any legal concept or thing shall, in respect of any jurisdiction other than Hong Kong, be deemed to include a reference to what most nearly approximates in that jurisdiction to the Hong Kong legal term; any phrase introduced by the terms “including”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.1 In this agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings: “Account” the business relationship governed by this agreement.; “The Principal” you, the person or entity in whose name you are opening an Account.;
“WAIGOMATION.COM” the website hosted at WAIGOMATION.COM and any affiliate or subsidiary sites.;
“Subscription Fee” is any fee changed for listing content on WAIGOMATION as selected by the principle within the platform.; “Platform” a software mechanism designed for managing the account and controlling the fee by WAIGOMATION and accessible by the Principal at WAIGOMATION.COM;
“Lead” a Customer referral made from WAIGOMATION.COM;
“Property Information” information (to include, without limitation, photographs and property descriptions) relating to real estate listed by The Principal on WAIGOMATION.COM;
“Intellectual Property” all intellectual property rights, including patents, utility models, inventions, copyrights, database rights, design rights, trade and service marks, trade names domain names, moral rights, topography rights, trade secrets and know-how in all cases whether or not registered or registrable and including all registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these existing anywhere in the world;
“Services” any and all services and technologies designed to refer Customers from WAIGOMATION.COM to the Principal, and any Advertising; “Advertisement” online and offline promotions of any kind such as property listings, email newsletters, featured placements, 3rd party display advertising, Editorial, sponsorships, advertorials etc. “Customer” a user of WAIGOMATION.COM or any other individual or entity referred to the Principal by WAIGOMATION.COM.
3. Use of our site – General
3.1 You must be 18 years or over to open an account with our site. 3.2 You must comply with our reasonable instructions concerning use of our site.
3.3 You must supply us with correct information on registration and keep your information up to date.
3.4 You must not:
3.4.1 use our site for junk mail, spam and pyramid or similar or fraudulent schemes;
3.4.2 do anything which may have the effect of disrupting our site including worms, viruses, software bombs or mass mailings;
3.4.3 attempt to gain unauthorised access to any part of the site or related equipment; or
3.4.4 use our site other than for the purposes set out in these terms and conditions.
3.5 We provide website enquiry forms with each property listing for the sole use of users making genuine enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communications which are not genuine (such as unsolicited commercial marketing).
3.6 All property information of any real estate sold or which is no longer available on the market must be removed from the site within 10 working days of the principal becoming aware of such information.
4.1 We reserve the right to check all new advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right at our discretion to reject advertisements that:
4.1.1 relates to real estate that has already been listed by another company on WAIGOMATION.COM.
4.1.2 relates to real estate for which another company can demonstrate marketing rights.
4.1.3 WAIGOMATION.COM does not wish to make available to its customers for any reason it so determines;
184.108.40.206 is in breach of any of its obligations under this agreement, temporarily or otherwise.
220.127.116.11 is in breach of any advertising guidelines set by governments in any given markets.
4.2 Advertisers must ensure that property listings and other advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate. 4.3 All advertisements must also comply with the following guidelines:
4.3.1 Advertisements must not include claims relating to the property or proposed transaction which are not matters of fact or which cannot be checked by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents; and
4.4 We reserve the right in our discretion without notice to edit the text or layout of advertisements submitted to or posted on our site (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate advertisements on our site where we think fit.
4.5 Only one property can appear on each listing, except in the case of multiple units at the same location. We reserve the right in our discretion to determine whether multiple units do qualify for a single listing. The property initially listed may not be changed without our prior written consent.
4.6 We may at any time immediately cancel your registration or use of our site without cause including removal of any advertisement. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
4.7.1 We have good reason to believe that you have breached this agreement or that it is necessary to protect us or our users; or 4.7.2 We receive a complaint relating to an advertisement or an advertiser or to products or services referred to in an advertisement; or
4.7.3 if We are required by law or appropriate authority we may without giving notice or reasons remove or suspend any Advertisement or terminate a user’s registration or right to use our site. In such case, we will provide a refund pro rata of any relevant fees paid for any unused period.
4.8 We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an advertisement or from termination of registration for or of use of our site provided we act in accordance with this agreement.
4.9 If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Site or services or re-post or re-submit the relevant content as the case may be.
4.10 We may in our discretion change or remove any feature of our site. If this is a significant part, we will refund any applicable fees already paid for the remainder of the period to which the fee relates.
4.11 Performance of advertisements.
4.11.1 No guarantee is given to the number or quality of leads generated. Waigomation only guarantees the marketing of your property on WAIGOMATION.COM and to the users of WAIGOMATION.COM network of consumers. External factors such as location, price, photos, descriptions, brand and inclusions are factors determining interest in a property.
4.11.2 Advertiser will use best endeavours to ensure that listings content is delivered to Waigomation in a timely manner, and that best efforts are made to provide comprehensive and accurate information regarding each listing.
4.11.3 Waigomation will provide all regular reports through Waigomation admin.
5. Data Supply Agreement
5.1. License. You hereby grant WAIGOMATION.COM a license to translate and publish your data (your “Data”). As WAIGOMATION.COM is a foreign language property portal, we will be translating key feature data as supplied by you by wither data entry or XML. Our translating resources and staff will ensure the optimal translation of features.
5.3 Indemnity: You indemnify us against any claim against any claim relating to your source data.
5.4 General: This agreement does not create any agency, partnership, joint venture, employment or franchise relationship.
5.5 Principle agrees to licence WAIGOMATION.COM, with a perpetual worldwide right to display its listings data.
6.1 WAIGOMATION.COM operates a subscription based service and bills on regular periods as defined by each payment plan.
6.2 Payments must be made by the methods shown on our site.
6.3 Payments are in advance of provision of service.
6.4 You authorise Waigomation to charge your card in accordance with with your subscribed plan.
6.5 Failure to notify Waigomation of the termination of your subscription means the subscription is valid for a continuing term in line with your billing cycle.
7.1 Subscriptions can be terminated any time after the end of the minimum subscription terms by notification to firstname.lastname@example.org. Minimum subscriptions are the full term of the subscribed subscription package.
7.2 Requests for cancellation of a continuing subscription must be made in writing 48 hours prior to the new billing cycle as defined by your rate plan. Every effort will be made for requests that occur after this time however they cannot be guaranteed.
7.3 Request for termination prior to the end of a minimum term are not permitted except in the case of extreme financial hardship accompanied by a request in writing.
7.4 Termination will take effect within from the end of the minimum subscription term or as agreed by both parties.
7.5 You remain liable for all fees incurred up to the end of the current service provision date.
7.6 You can also cancel this agreement where otherwise permitted in these Terms and Conditions.
7.7 Termination of this agreement, howsoever caused, shall be without prejudice to any rights or liabilities accrued at the date of termination and shall result in the removal by WAIGOMATION.COM of all property information uploaded on WAIGOMATION.COM.
7.8 If a subscription is cancelled prior to the end of the minimum term, and the user wishes to join WAIGOMATION.COM in the future, you must first pay out any outstanding balance from their previously cancelled subscription.
8. Refund Policy
8.1 Waigomation operates a subscription service business and is invoiced in advance.
8.2 Refunds are given without question in the instance where a credit card has been incorrectly charged or clerical error on the behalf of Waigomation or it e-commerce providers. Please email email@example.com if this is the case for immediate action. 8.3 Waigomation bills your credit card automatically based on the terms and conditions of your plan. Legitimately charged fees will not be refunded.
8.4 If Waigomation invoices you incorrectly through fault of the payment gateway, full refund will be given.
8.5 If you wish to cancel your subscription prior to the end of the term, you may request a cancellation in writing not less than 48 hours prior to your subscriptions renewal.
8.6 Property traffic, listing enquiry, leads or property viewings are not grounds for cancellation.
9.1 Any username, password, activation code or similar information allocated to you is personal and not transferable. You must keep these secure and not disclose them to any third parties. Protect against unauthorised access to your computer. Ensure that you sign off when you finish using a shared computer.
9.2 You are responsible for the acts or omissions of anyone who uses your information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
9.3 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should immediately amend your password.
10. Site and Service Availability
10.1 You will need reliable internet access. Some features will require broadband access for the best quality of service. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our site.
10.2 We will do our best to maintain the operation of our site and to rectify faults if they occur but cannot guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data.
10.3 We may have to suspend the site for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our site is least likely to be used and that the suspension is for the shortest period possible.
10.4 We may make changes to the site provided that these do not have a significant adverse effect on their quality.
10.5 If you are supplying advertisements to our site via an automated “feed”, you must comply with our technical requirements and ensure that the data does not contain viruses, Trojans or the like or otherwise unreasonably interfere with our site and shall make the feed available to us in the agreed location not less than once per week.
11. Intellectual Property
11.1 The Principal acknowledges and agrees that all right, title and interest in and to all intellectual property rights in the Services and/or WAIGOMATION.COM are and shall remain the exclusive property of WAIGOMATION.COM.
11.2 The Principal shall indemnify and keep WAIGOMATION.COM indemnified against any and all losses arising from any claims brought against WAIGOMATION.COM that property information supplied by the Principal and uploaded onto WAIGOMATION.COM infringes the intellectual property rights of a third party.
11.3 Except as expressly permitted in this agreement, the Principal shall not, and shall not permit others to: (i) modify, translate, create or attempt to create derivative copies of or copy the services or WAIGOMATION.COM in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the services or the WAIGOMATION.COM to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Services or the Principal’s right to use the services.
12. Limitation of Liability
12.1 Nothing in this agreement excludes or limits the liability of either party for death or personal injury caused by its negligence or for any matter which it would be illegal for either party to exclude or attempt to exclude its liability or for fraud or fraudulent misrepresentation.
12.2 All warranties, representations, guarantees, conditions and terms other than those expressly set out in this agreement, whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from this agreement.
12.3 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
12.4 If you are a business, our liability of any kind (including our own negligence) with respect to our site for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
13.1 If you are a business, you will indemnify us against all claims and liabilities directly or indirectly related to your advertisement (if you are an advertiser) and/or breach of this agreement.
13.2 If you are a consumer, you will liable for any loss or damage we suffer arising from your breach of this agreement or misuse of our site.
13.3 We are not obliged to conduct any independent investigations to verify the accuracy of property information provided by the Principal for upload onto WAIGOMATION.COM.
14. Force Majeure
14.1 The obligations of each party under this agreement shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (but without prejudice to the generality of the foregoing expression) strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
14.2 In the event of either party being so hindered or prevented, the party concerned shall give notice of suspension to the other party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than 3 months, either party may terminate this agreement by giving the other party 30 days’ notice.
15.1 This agreement constitutes the entire agreement between you and us in connection with our site. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights under this agreement are not prejudiced.
15.2 Nothing in this Agreement or any document referred to in it or any arrangement contemplated by it shall be construed as creating a partnership between the parties for any purpose whatsoever and neither party shall have the power or authority to bind the other party or impose any obligations on it to the benefit of any third party.
15.3 Each party shall treat as strictly confidential and shall procure that its employees, sub-contractors and agents treat as strictly confidential all information received or obtained as a result of entering into or performing this agreement which relates to: the provisions of this agreement or any documents ancillary thereto; the making of, or the negotiations relating to, this Agreement; and/or the other party, and shall only use the same in connection with matters concerning this agreement.
16. Law and Jurisdiction
16.1 The terms set out in this agreement shall be governed and construed by the laws of Hong Kong, China SAR and the parties hereby agree to submit to the exclusive jurisdiction of the Hong Kong Courts.
17.1 If you have any complaints, please contact us via the contact details shown on our website or write to our registered office shown at the start of these Terms and Conditions.