Property Asia Conditions of Use
Effective Date for New Users: October 1, 2013 / Effective Date for Current Users: November 1, 2013
These are the conditions of use of Property Asia - part of Chanz Global - which apply to all Services offered via the Property Asia Website. We advise that you read these conditions of use carefully so that you know your rights and obligations if you use the Services. By using the Services in any way whatsoever, you declare you are aware of and agree to these conditions of use.
In these conditions of use, the terms below are defined as follows:
- "Content": all text, graphics, photos, audio, music, videos, audiovisual combinations, interactive elements, computer software, scripts, games and all other materials which are published on or via the Website, or which can be downloaded or uploaded by a user, regardless of whether these are editorial or commercial in nature;
- "Services": all services that are made available via the Website, including the accessing of the Website, the downloading and uploading of Content, the acquisition of a licence to virtual items, as well as all other services offered on the Website;
- "Third-party services": the Services that are offered on the Website by a third party;
- "User Content": all Content that is provided to Property Asia by a user of the Services or which is uploaded to the Website;
- "Property Asia": Chanz Global, with its registered office in Hilversum, Chamber of Commerce no. 24414989;
- "Website": the website of Property Asia, accessible via CondoAsia.ph, CondoAsia.com.ph and Property Asia domain names with other extensions, among others, but also via other avenues (such as the Property Asia app and other (mobile) media).
- In order to use the Services, you must apply for your own account in the manner described on the Website. Property Asia can decide at its own discretion whether to provide you with an account.
- You guarantee Property Asia that the information you provide to Property Asia, including your personal details such as name and email address, is complete, truthful and accurate. You consent to Property Asia's storing and using your data in connection with management of your account. See our Privacy Statement.
- If you are younger than eighteen (18) years old, you must have permission from your parent or guardian to create an account. By accepting these conditions of use, you guarantee that you are eighteen (18) or older or have permission from a parent or guardian to create an account.
- You may not create an account in another person's name unless the other person has given you permission to do so.
- You are personally responsible for keeping your account password secret from others and you may not give other people access to the Services using your account. You are liable for all actions performed via your account. If and as soon as you suspect that your account or identity is being used unlawfully, you must immediately notify Property Asia. In that event Property Asia is authorised to take all measures it deems necessary to protect its Website and other users of the Services and you are required to cooperate fully with these measures.
- You may terminate your account at any time by using the procedure described in the help section.
- Only natural persons and legal entities (companies and developers) may create profiles. Other profiles will be removed.
3. Use of the Services
- You guarantee Property Asia that you are authorised to use the Services and to act in accordance with these conditions of use. You also guarantee Property Asia that you will comply with the obligations in these conditions of use at all times and that you will obey all laws and regulations applicable to use of the Services.
- You are permitted to use the Services exclusively via your own account.
- Without prejudice to the other provisions of these conditions of use, your use of the Services may not:
- be based on untruths and/or be misleading;
- infringe the rights of Property Asia or third parties, including copyrights, related rights, trademark rights or any other intellectual property rights or rights related to privacy protection;
- be in violation of any law, regulation, by-law or other applicable regulations;
- contain any viruses, Trojan horses, worms, bots or other software which could damage a computerised work or data, render such work or data unusable or inaccessible, delete or appropriate such work or data or be intended to get around any technical measures to protect the Website or Property Asia's computer systems;
- be aimed at securing unauthorised access to the Website, computer systems and/or databases of Property Asia;
- be of a commercial nature, unless Property Asia has given written permission for this; or
- be in any other way unlawful towards Property Asia and/or a third party.
- You are fully, independently and solely responsible for all use you make of the Services. You are liable to Property Asia for any use of the Services that is not in accordance with the provisions of these conditions of use and you indemnify Property Asia against all third-party claims in relation to such.
- Property Asia does not perform any editorial, substantive, technical or other type of monitoring of User Content. When using the Services, you must be aware that the Website may contain factually incorrect, insulting, indecent or distasteful User Content and you explicitly accept that Property Asia is not liable for this.
4. Intellectual property rights
- All (intellectual) property rights to the Content, including copyrights, trademark rights, database rights and trade name rights are held exclusively by Property Asia and/or its licensor(s).
- Under the conditions stipulated in these conditions of use, Property Asia grants you a limited, personal, revocable, non-exclusive right which may not be sub-licensed or transferred, to use the Content for private purposes in the manner and format that this Content is provided on the Website. It is explicitly prohibited to download, copy, alter or publish Content or use it for direct or indirect commercial purposes or in any other way than as described above, unless Property Asia or the particular right holder has given explicit permission for this.
- Nothing stated in these conditions of use or on the Website is intended to transfer any intellectual property rights or grant you any intellectual property rights. The use you may make of the Content is limited to what is described in these conditions of use.
- It is prohibited to remove, render illegible, conceal or alter notices or statements relating to intellectual property rights.
5. User Content
- Under the conditions stipulated in these conditions of use, you retain in principle the copyrights and other intellectual property rights that belong to you in relation to the User Content which you make available to visitors of the Website via the Website.
- By making User Content available to Property Asia (which in these conditions of use refers to, among other things: uploading User Content), you automatically grant Property Asia a worldwide, non-exclusive, royalty-free, transferable licence (with the right to sublicence), which is not limited in time, for any use, re-use, reproduction, dissemination, creation of derivative works, display and performance of this User Content or parts thereof, for any purpose and in any way whatsoever, also for the benefit of the Services, as well as permission to store the User Content in (electronic) files.
- The licence referred to in article 5.2 ends at the moment that you or Property Asia removes the particular User Content from the Website.
- You acknowledge and agree to the fact that the User Content which you make available to Property Asia will be used by other users of the Services. Property Asia accepts no liability whatsoever for compliance with these conditions of use by users of the Services. You acknowledge that there is also the possibility that the User Content you make available to Property Asia may be used by third parties in a manner that is in violation of or not provided for in these conditions of use. Property Asia is not liable for actions by third parties in violation of these conditions of use or in breach of any statutory provision or for any other unlawful action by third parties in relation to the User Content made available by you.
- By making User Content available to Property Asia, you guarantee that:
- you are authorised to make this User Content available in accordance with these conditions of use and that you are authorised to grant the licence as referred to in article 5.2;
- the User Content that you make available does not break any law and does not infringe any third-party rights, including contractual rights, intellectual property rights, or privacy rights, and is not otherwise unlawful towards third parties or Property Asia;
- you are not limited by any incompetence, restriction or injunction in relation to your right to act in accordance with these conditions of use and/or to make User Content available; and
- you are exclusively responsible for all licences, reporting and payment obligations to any third party, including but not limited to collective copyright organisations, in connection with the use of the User Content which you make available as referred to in these conditions of use.
- You are personally fully liable for the User Content you make available. Property Asia is not liable for the consequences of any use of this User Content in accordance with these conditions and you indemnify Property Asia against any third-party claims in that respect. All costs incurred and damaged suffered by Property Asia in any way related to such claims will be compensated by you.
- Property Asia reserves the right to remove or block User Content or otherwise render it inaccessible if it is in violation of the provisions of these conditions of use or if necessary without report of reasons.
6. Prohibited User Content
- This article contains a non-exhaustive list of User Content which you may in no event make available via the Website (in which respect it applies that exclusively Property Asia has discretion in deciding whether particular User Content is permitted or not):
- User Content that is discriminatory with respect to appearance, race, religion, gender, culture, origin, or may otherwise be considered hurtful;
- User Content that incites violence against or harassment of another person or persons;
- User Content which results in or results from the exploitation or abuse of others;
- User Content which in Property Asia's opinion is immoral or distasteful, violent or which contains a link to pornographic material or pornographic websites or which contains pornographic or erotic material;
- User Content in which the personal details of underage persons are requested and/or in which the personal details of other people are made available;
- User Content which commits or promotes illegal activities;
- User Content which infringes upon intellectual property rights, privacy rights or any other rights of Property Asia or third parties;
- User Content involving chain letters, junk mail or spam and/or passwords or other information that can be traced to persons being requested for commercial or illegal purposes;
- User Content which involves commercial activities for which prior written permission from Property Asia has not been obtained, such as advertisements, lotteries, competitions or pyramid games;
- User Content containing a photo or image of another person without his/her permission;
- User Content which is in violation of any law, regulation, by-law, other applicable regulation or these conditions of use.
- Property Asia reserves the right to inform the competent investigative authorities about User Content that is in breach of public order or otherwise in violation of the law.
7. Notices concerning unlawful Content
- Property Asia will investigate notices of infringements of third-party rights by users of the Services and take steps against such infringements if possible. If you believe a user of the Services has infringed your rights, we ask that you notify us of this by sending an email via the contact form. This notification must:
- contain the URL of the page where the Content you believe to constitute an infringement can be found on the Website;
- contain a declaration that in your opinion, your rights are being infringed and why that is the case;
- contain contact information where Property Asia can reach you, such as your name, address, telephone number and email address;
- contain a statement, supported with evidence, that the information in your notification is accurate and complete and - if an infringement of intellectual property rights is involved - that you are the owner of the particular intellectual property rights;
- be signed by the owner of the intellectual property rights or the party that is demonstrably authorised to act on the owner's behalf;
- contain - if an infringement of intellectual property rights is involved - a description of the work or works which have been infringed in your opinion with a specification of what constitutes the infringement.
- Property Asia reserves the right to forward the notification to the person/persons or business that is responsible for the Content to which the notification relates.
- If it emerges from the notification that the Content is unmistakably unlawful, the Content will be removed or rendered inaccessible by Property Asia.
- Property Asia reserves the right not to honour a request that Content be removed or rendered inaccessible if Property Asia has good reason to doubt the accuracy of the notification or lawfulness of the evidence supplied or if the Content to which the notification relates does not prove to be unmistakably unlawful. In that context Property Asia may, for instance, require a court decision from a competent court in the Netherlands which demonstrates that the particular Content is unmistakably unlawful.
- By submitting a notification, you indemnify Property Asia and all businesses affiliated with it as well as its management, directors, employees, representatives and legal successors against any third-party claim in connection with removing the information or making it inaccessible. The indemnification also relates to all damage and costs incurred by Property Asia and damage and costs yet to be incurred, or costs which Property Asia must incur in connection with such a claim, including, but not limited to, compensation of legal assistance costs.
- Property Asia will not be able to be party in any way to a dispute between the party submitting the notification and the user to which the notification pertains.
8. Paid Services
- An agreement for the purchase of a paid Service is established the moment you place the order under resolutive condition of acceptance by Property Asia. If an order is not accepted, Property Asia will notify you of this within ten (10) working days of receipt of your order.
- The Service will be provided at the moment Property Asia has received the amount listed on the Website for the Service and takes effect for the term reported for the particular Service on the Website. If you opt for payment by automatic debit, the agreement will be tacitly renewed for an indefinite period after the expiration of this term.
- After tacit renewal of the agreement in accordance with article 8.2, you agree to another term, but may cancel the agreement with due observance of a notice period of one month before the term ends. Property Asia will notify you at least six (6) weeks before the term ends and is bound to tacit renewal.
- If you do not wish to purchase a paid Service for any reason whatsoever, you can dissolve the agreement within 14 days of entering into the agreement by sending an email via the contact form, unless the Service has already been provided with your permission within those 14 days. The particular invoice amount will be credited back to your account within 30 days after receipt of the email, to the extent Property Asia had already received it.
9. Prices and payment
- All prices for paid Services provided by Property Asia are cited in euros, unless otherwise stated and are including VAT.
- You pay the price listed on the Website for the Services ordered via the Website. Payment takes place in the manner indicated in the agreement or elsewhere on the Website, possibly via a third-party supplier of payment services. Unless explicitly agreed otherwise, payment must be made at the moment you place an order or enter into an agreement. If a paid Service is continued for an indefinite period of time, Property Asia will collect the payments owed periodically (term as stated in the contract) in advance.
- The prices listed on the website may be changed without prior notice. Exclusively the price that is listed on the Website at the moment the agreement is established is binding. In the event of payments owed periodically, Property Asia will inform you in advance of any price adjustment.
- The reversal of an amount (automatically) collected by Property Asia does not relieve you of your payment obligation.
- If Property Asia does not receive an amount owed (on time), Property Asia has the right to suspend the paid Service until such time as it has received the amount owed.
- You cannot hold Property Asia to offers and/or prices if you could reasonably have understood that the offer and/or price contained an obvious mistake or misprint.
- Except in the event of dissolution on grounds of article 8.3, Property Asia does not provide any refunds or other compensation for any reason whatsoever. If your account ends (voluntarily or involuntarily), the paid Services you have purchased are lost. Property Asia does not provide any compensation for this.
10. Content, availability and stopping of Services
- The Services are made available on an 'as is' basis. Despite the constant care and attention devoted by Property Asia to the content and composition of the Services, it gives no guarantees with regard to the completeness, accuracy or reliability thereof, nor does Property Asia guarantee that the Services will be available at all times and without interruption, disruptions or errors, that defects will be repaired at all times or that the Website and server on which it is held are free from viruses or other contagious or harmful files. You agree that Property Asia is not liable for damage to or loss of your computer, data or computer and telecommunication systems as a result of the use of the Services.
- In supplement to the other (legal) means at Property Asia's disposal, Property Asia has the right at all times, without report of reasons and without prior explanation, to (temporarily) limit, suspend or terminate the provision of one or more Services to you, to temporarily or permanently stop or delete your account, remove your User Content and/or issue a warning, in particular but not exclusively if:
- you act in violation of these conditions of use;
- Property Asia believes that your actions could cause damage or liability to yourself, other users or Property Asia.
- If your use of a paid Service is terminated for any reason whatsoever, you are not entitled to a refund of any amounts paid (in advance). In such cases, any amounts already paid revert to Property Asia.
- By using the Services, you become bound by our Privacy Statement.
- If you provide User Content using the privacy setting 'public', this means that every visitor of the Websites has access to that User Content.
12. Third-party services
- The website contains both Services provided by Property Asia and Services provided by third parties or links to third-party websites. The inclusion or availability of third-party Services on the Website does not imply that Property Asia has approved or verified these Services. Property Asia is not responsible for these third-party Services or any use thereof by users of the Website. Nor is Property Asia responsible for (the content of) third-party websites to which reference is made on the Website via hyperlinks or otherwise.
- The applicable terms and conditions of these third parties apply to these third-party Services, in supplement to these conditions of use. By using the particular Service, you agree to these conditions.
13. No Warranties
- THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF CONDO ASIA'S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.
- WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.
- Property Asia takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Site or Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
- Property Asia is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.
15. Limitation Of Liability
- IN NO EVENT SHALL CONDO ASIA, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Property Asia has the right to change the Services and these conditions of use at any moment, without notifying the users. The amended conditions of use take effect at the moment they are published on the Website. It is therefore a good idea to consult these conditions of use regularly.
17. Other provisions
- If one or more provisions from these conditions of use are void or are annulled, the remaining provisions remain fully in force.
- Dutch law applies to these conditions of use. Any disputes that may arise from this agreement will be submitted to the competent court in Amsterdam to the exclusion of any other.