Terms of Use

Last updated on February 27, 2023

1. ACCEPTANCE OF TERMS

1.1.

By using and accessing 8PROP.com, SoRealProp.com, RealEstateAnalytics.sg(the "Website" or the "Platform"), related mobile applications (the "Apps"), or other services provided by Real Estate Analytics Pte. Ltd. and its affiliated companies ("we", "us", "REA", "SOREAL" or "8PROP") (the "Services"), or accessing any content provided by us via the Services, you acknowledge that a legally binding agreement has been concluded with us (the "Agreement"), whereby you agree to be bound by the following terms of use, as updated from time to time (the "Terms of Use").

1.2.

If you accept or agree to the Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the full capacity and authority to enter into this Agreement on behalf of the company or other legal entity, and in such event, “you” and “your” will refer and apply to that company or other legal entity.

1.3.

You accept without limitation or qualification the Terms of Use, including the Privacy Policy.

1.4.

We operate the affiliated brands 8PROP and SOREAL, and any use of any of the Services provided by these affiliated brands is subject to these Terms of Use. Services offered under each of these brands may be subject to additional terms of use as available on their respective websites, Apps, or otherwise. Any new brands launched by REA along with any new products and/or Services developed shall also be subject to the Terms of Use.

1.5.

We reserve the right to update, amend, change, modify or replace any part of this Terms of Use by posting updates and/or a revised version of the Terms of Use on our Website or via our Apps and/or Services. However, an individual notice will not be sent to you. Any amended set of Terms of Use shall replace all previous versions of the same.

1.6.

We reserve the right to refuse service to any entity for any reason at any time, and without any prior notice.

1.7.

By using the Website, the Apps and/or the Services, you agree on behalf of yourself or those whom you represent, to comply with and be bound by the Terms of Use, including any revisions that we may make to the Terms of Use. If you do not agree to the Terms of Use and/or to the amendments, you should immediately cease access to the Website and the Apps and the use of any of the Services. After any such amendment becomes effective, we will deem your continued use of the Website, the Apps and/or the Services to constitute acceptance and agreement to such amendment.

2. ACCEPTABLE USE OF THE SERVICES

2.1.

Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of information or materials derived from the Website, the Apps and/or the Services on third-party web sites or otherwise.

2.2.

In using the Website, the Apps and/ or the Services, you will not:

(a) violate any applicable laws, legislations, regulations and/or guidelines;

(b) reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any specific terms of use to the extent applicable to the relevant Services;

(c) infringe on the intellectual property rights or other proprietary rights of any party, including but not limited to REA;

(d) engage in any potentially immoral activity;

(e) impersonate any person or entity and/or misrepresent your affiliation with a person or entity;

(f) commit defamation, libel harassment and/or act in a threatening manner;

(g) provide false, inaccurate or misleading information;

(h) engage in potentially fraudulent, suspicious or illegal activity and/or transactions;

(i) send, or assist in sending, unsolicited emails to any other users of the Website, the Apps and/or the Services to harass or collect payments;

(j) disclose, use or distribute another user’s personal data without the express consent of the said user;

(k) upload, or cause to be uploaded, to the Website, the Apps and/or through the medium via which the Services are delivered, any content that contains viruses or items that may damage, interfere with, or adversely affect the Website, the Apps and/or the delivery of the Services;

(l) conduct a cyber-attack on any other computer or network, including hacking, cracking, distributing viruses, network sabotage, phishing or any fraudulent activities;

(m) send spam, opt-in emails, unsolicited emails, or any type of emails sent in large quantities which is to apply even if the emails are sent from another server;

(n) conduct port scanning, scanning for open proxies or open relays;

(o) conduct marketing activities without our prior written consent;

(p) in REA’s sole and absolute discretion, undertake any such action that reflects poorly or tarnish the reputation of REA;

(q) access or use any of the Website, the Apps and/or the Services to develop competitive products or services; and/or

(r) attempt to, or permit or encourage any third party to do any of the above.

2.3.

We have the sole discretion to suspend, block, terminate and/or restrict your use of the Services if we, in our absolute discretion, suspect that you have violated Clause 2.2 above.

2.4.

If we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, Apps and/or Services, you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your account.

2.5.

We will not be liable for any loss, damage and or expenses arising from your failure to comply with this Clause 2.

2.6.

You agree to indemnify us for all losses, liabilities, claims, costs and expenses (including but not limited to legal costs) suffered or incurred by us which arise directly or indirectly from your breach of this Clause 2.

3. OUR SERVICES

3.1.

We provide a series of Services under the 8PROP, SOREAL and Real Estate Analytics brand.

3.2.

You may be required to pay fees to access certain features of our Services. Some of the Services we provide include but are not limited to the following:

(a) photography and/or videography services;

(b) services to create 360º photographs of the interiors of properties;

(c) services to create 3D virtual tours of properties;

(d) services related to mortgage requests and mortgage brokerage;

(e) services related to home insurance, life insurance, & insurance brokerage;

(f) services related to connecting you with real estate agents;

(g) services related to conducting full formal property valuations by a licensed valuer; and

(h) subscriptions to access data, reports and real estate analytics software

3.3.

If you are a CEA registered real estate agent, you may subscribe to a Service which allows for the use of a platform via which you give us permission to access, use, list and/or publish, all active property sale and tenancy listings that you are currently authorised to promote on any publicly available online property portal in Singapore ("8PROP Platform" and/or "SOREAL" Platform ). If you use our 8PROP and/or SOREAL Platform, you are considered a Listing Agent. For the avoidance of doubt, a "Listing Agent" is a CEA registered real estate agent who has agreed to publish his or her property listing(s) via the 8PROP and/or SOREAL Platform to represent sellers and landlords in their property transaction(s).

3.4.

You agree that any prospective purchaser and/or prospective tenant interested in your listing(s) on our 8PROP and/or SOREAL Platform may contact you directly or any other real estate agent registered with us to represent a prospective purchaser or tenant ("8PROP Concierge Agent"). You further agree that if you are introduced a prospective purchaser or tenant by an 8PROP Concierge Agent through our 8PROP and/or SOREAL Platform, and the prospective purchaser or tenant successfully purchases or rents a property listed on our 8PROP Platform, you agree to pay a co-broking commission to the 8PROP and/or SOREAL Concierge Agent.

3.5.

For the avoidance of doubt, an 8PROP and/or Soreal Concierge Agent is a CEA registered real estate agent who has agreed to use the 8PROP Platform to represent purchasers and/or tenants in their property transaction(s).

3.6.

Our 8PROP and/or SOREAL Platform is currently provided at no cost to a real estate agent. An 8PROP and/or SOREAL Concierge Agent may contact a Listing Agent on behalf of his or her client and co-broke a sale and purchase of a property listed on our 8PROP and/or SOREAL Platform. We reserve the right to charge for the said Service by publishing a revised set of Terms of Use on the 8PROP and/or SOREAL Platform. Should you not have authority or permission that involves a re-publication of your property listing(s) or should you wish to unsubscribe from any Service provided via our Platform, you may unsubscribe at any time by writing to us at subscriptions@8prop.com.

3.7.

If you are representing a real estate developer or a real estate agency that has been appointed by a developer, you may subscribe to our new projects listing service Platform, where you give us permission to access, use, list and/or publish on our Platform, the relevant information relating to your project development, including without limitation, photos, drawings, marketing materials and/or any other information you provide to us. In relation thereto, you agree to give us the following permissions:

(a) to use, list and/or publish the contact information of real estate agents representing you to promote a project development;

(b) send any enquiries or expressions of interest in your project development from prospective purchasers to ourConcierge Agents; and

(c) that we or any real estate agent registered with us may reach out to you directly to send enquiries or expressions of interest in your project development.

3.8.

You further agree that if a 8PROP and/or SOREAL Concierge Agent introduces to you a prospective purchaser who eventually successfully purchases a property, you agree to pay a co-broking commission to the 8PROP and/or SOREAL Concierge Agent.

3.9.

Such listing service in relation to new projects is currently provided at no cost to representative(s) of real estate developers and/or registered real estate agencies. We reserve the right to charge for the said Service by publishing a revised set of Terms of Use on our Website. Should you wish to unsubscribe from any Service provided via our Platform, you may do so any time by writing to us at subscriptions@8prop.com.

3.10.

In using any of our Services, you expressly permitted us to do the following:

(a) publish on our Platform any and all information listed on any active property sale and tenancy listings that you are currently authorised to promote, on any publicly available online property portal, subject to our licensing terms for copyrighted materials under Clause 4. Such information or materials include, without limitation, photographs, floor plans of the property, renderings, descriptions of the property, price information and any other listed information about the property or lease;

(b) publish on our Platform any and all of your personal data listed on any active property sale and tenancy listings that you are currently authorised to promote;

(c) contact you either directly through our employees or real estate agents authorised by us in relation to any expression of interest on a property sale or lease by a prospective seller, purchaser, landlord or tenant;

(d) alter, summarise, truncate or otherwise adjust the listing format, wording, layout of your active property listing(s) available online to accommodate the requirements of our Platform;

(e) provide, publicise or other make available any analytics information about a property that you are promoting or have promoted on our 8PROP Platform or any other platforms operated by us. Such analytics information includes without limitation automated valuation models, statistics (aggregated or specific) on the property market, and any other reference and/or research property related information;

(f) aggregate, truncate, or amalgamate repetitive or duplicate property listings of the same property advertised by different real estate agents, as identified or otherwise detected by us; and

(g) if you are representing a developer or real estate agency, you agree to allow us to create, publicise or conduct digital marketing campaigns to advertise or promote your project development.

3.11.

If you are a prospective buyer or tenant and use our services, you agree that if you express an interest in a listing published on our Platform, we are permitted to reach out to you.

3.12.

If you are a registered real estate agent, you may subscribe to our SOREAL subscription service, which may include, among other services, the service of generating reports of selected properties and the service to access data and analytics from our database of properties, transactions and/or geographical areas. By subscribing and using this SOREAL subscription service, you agree to give us the following permission:

(a) generate reports of properties on your behalf with your name and business contact information;

(b) make any reports generated by us accessible to your clients and/or users as determined by you;

(c) charge you periodically for the SOREAL subscription services by way of the payment method you have selected.

3.13.

By subscribing and using this SOREAL subscription service, you agree to the following conditions of use:

(a) you agree to pay the fees for the subscription service promptly by its indicated due date;

(b) in the event of a late payment, you will be charged late payment fees calculated at 1% per month, calculated on a daily basis from the date that payment is due until the date the owed sums and the late payment fees are fully paid to us;

(c) the services, products and data provided as part of the SOREAL subscription service are to be used only by you, and you may not provide your login credentials to any unauthorizedparties for the use of such Services;

(d) all data and/or analytics provided under the SOREAL subscription service are owned by us. You are not permitted to use the data and/or analytics in any form or manner, and you shall not sell, commercialize, publish and/or transfer our data and/or analytics. You may only use the data and/or analytics by making accessible any report(s) generated under the SOREAL subscription service to your clients and/or your authorised users.you may cancel and request a refund of SOREAL subscription services within 30 days from the first day of subscription by writing to us at info@sorealprop.com. Requests for refunds after this period will not be entertained.

3.14.

Where you have requested for any of our Services, you represent and warrant that:

(a) you are in compliance with all applicable laws, rules, regulations and guidelines of the location(s) and site management to enable the execution of the Service;

(b) where necessary, you have obtained the consent of the registered proprietor of the property to enable the execution of the Service, for example, to take photographs within the interior of the property or to enter the property to conduct a valuation; andwhere necessary, you have negotiated and/or communicated with the relevant authorities, officials and/or building management for the moderation of the applicable laws, rules, regulations and guidelines.

3.15.

Our obligations only extend to the provision of the Services and do not include acting on your behalf. This Terms of Use shall not be construed to create a partnership, joint venture, or agency relationship upon either party. Neither party may enter into any commitments for or on behalf of the other party.

4. PURCHASE TERMS AND CONDITIONS

4.1.

You agree to the purchase terms and conditions below:

(a) All purchases are non-refundable;

(b) all purchases will be valid for 1 year from the date of purchase;

(c) all prices as well and terms and conditions for such purchases are quoted as per the relevant Website, Apps and/or terms of use and fee schedule for each relevant Service; and

(d) all purchases are transferable to third parties in terms of the service(s)/item(s) purchased subject to the prior written consent of REA.

5. BOOKING TERMS AND CONDITIONS

5.1.

You agree to the booking terms and conditions below:

(a) all booking(s) of appointment(s) will be first come first serve basis;

(b) any change(s) with regard to appointment(s) date and time will only be allowed 12 hours before the scheduled appointment(s) date and time;

(c) cancellations are permitted only if prior notification is given at least 12 hours before the scheduled appointment(s); and

(d) all booking(s) of appointment(s) will be automatically cancelled by us, if payment has not been successfully made at least 12 hours before the scheduled appointment.

6. LICENSING TERMS FOR COPYRIGHTED MATERIALS

6.1.

You agree that we may use any copyrighted material made available via any active online property listing which you are authorised to promote, with such use being subject to the following terms. For the avoidance of doubt, such copyrighted materials of a property listing include without limitation, of a property, still images, film or footage, audio product, and/or visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other product protected by copyright ("Licensed Material").

(a) You represent and warrant to us that you are either the legal and beneficial owner of the right, title and interest in and to the copyright in the Licensed Material, or have the rights to use the copyright in the Licensed Material and/or assign such copyright to a third party.

(b) You grant us a non-fee bearing, non-exclusive and perpetual license to use and reproduce the Licensed Material on our Platform and its associated social media, sites, and agree to allow for prospects/representatives and/or agents to contact you. We may use the Licensed Material, without expiration, in any geographical location, for an unlimited number of times and also for commercial and for-profit purposes, in any medium or format.

(c) You agree to indemnify, defend, and hold us harmless from all liability, claims, causes of action, damages, and expenses arising out of or as a result from our use of the Licensed Material.

6.2.

If we work with you to take photographs, sound recordings, 360 Virtual Tours and/or cinematograph films ("Video Listing Works") of a property to list on our Platform, you agree that you have obtained the necessary consent(s) from all relevant parties including the owner of such property, for our service providers, agents and/or employees to enter the property so as to be able to perform the necessary Video Listing Works. You also represent and warrant that you have informed the property owner(s) that REA (and/or its service provider(s)) is the legal and beneficial owner of the copyright residing in the Video Listing Works.

7. DISCLAIMER OF WARRANTIES

7.1.

Your use of our Services is at your sole risk. We disclaim all conditions, warranties and other terms of any kind, whether express or which might otherwise be implied by statute, common law or otherwise.

7.2.

We reserve the right at any time and from time to time to modify and discontinue, temporarily or permanently, access to the Website, the Apps and/ or any Service with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the Apps and/or the Services.

7.3.

The content and information made available via the Website and the Apps or from Services that we provide, is meant to be used for reference only. We make no warranty that such information and/or content will meet your requirements and/or expectations or that they will be timely, error free, accurate and reliable. None of the information, content, documents or Services that we provide, shall be constituted as or is a substitute for professional advice. If you need professional advice for your particular circumstance, please consult a solicitor, registered property agent and/or professional valuer.

8. INDEMNITIES

8.1.

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents or other partners, and employees, harmless from any direct or indirect loss, claim, demand or expense, including legal fees, made by any third party due to or arising out of any content that you submit, post, transmit or make available via our Website, Apps and/or Services, your use of our Website, Apps and/or Services, your connection to our Website, Apps and Services, your violation of the Terms of Use, or your violation of any rights of another party.

9. LIMITATION OF LIABILITY

9.1.

In no case shall our subsidiaries, affiliates, directors, officers, agents or other partners, and employees be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

(a) the use or the inability to use the Website, Apps and/or the Services;

(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into as a result of the use of our Website, Apps and/or the Services;

(c) unauthorized access to or alteration of your transmissions or data;

(d) statements or conduct of user or any third party; and

(e) any other matter relating to our Website, Apps and/or Services.

9.2.

To the extent permitted by law, in no case shall our subsidiaries, affiliates, directors, officers, agents or other partners, and employees be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from amongst others, the following losses:

(a) profit;

(b) income or revenue;

(c) business or contracts;

(d) data;

(e) goodwill;

(f) expectation;

(g) opportunity;

(h) incurred as a result of or in connection with wasted management or office time; and/or

(i) other intangible,


arising from and/or in connection with an action in tort (including negligence), breach of contract or otherwise. This limitation of liability shall be construed as limiting our liability to the maximum extent permitted by law.

10. PRIVACY POLICY

10.1.

Your personal data that you provide us and/or we collect from you from your use of our Website, Apps and/or Services is subject to our Privacy Policy, which is deemed to be incorporated into the Terms of Use and binding on all parties by reference to this clause.

11. TERMINATION

11.1.

We may, at our sole discretion, terminate your account, under certain circumstances and without prior notice. Upon the termination of your account, you will no longer have access to and/or be allowed use of our Service(s).

11.2.

The termination of your account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms of Use, 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 terms of the Terms of Use will survive the termination of your account.

12. INTELLECTUAL PROPERTY RIGHTS

12.1.

We and/or our licensors own all intellectual property rights relating to information made available via our Website, Apps and/or our Services. Nothing in this Agreement will serve to transfer, authorize and/or license any of the intellectual property rights, and all rights, title, interest and/or lien in and in relation to the Website, App and/or our Services, as well as the content and software contained therein.

12.2.

You may not:

(a) modify, translate, create or attempt to create derivative copies of or copy, whether in whole or in part, the information and/or material provided via our Website, Apps and/or Services, or the software, still images, film or footage, audio product, visual representation and/or data, including all texts and numbers, contained therein;

(b) reverse engineer, decompile, disassemble or otherwise reduce the object code of our Website, Apps and/or the 8PROP and/or SOREAL Platform to source code form; and/or

(c) distribute, sub-licence, assign, share, buy, sell, rent, lease, transmit, grant a security interest in or otherwise transfer information and/or material obtained from the subscriptions and/or purchases of the Services.

12.3.

You warrant that you own the right or licence to use the intellectual property rights in all information and materials that you provide to us and/or post on our Website and/or for use in the generation of the Services. You grant us a perpetual, sub-licensable, worldwide, royalty-free licence over the information and materials that you provide to us, to use, enhance, publish and make available via our Website, Apps and/or as part of our Services.

13. GOVERNING LAW

13.1.

The Terms of Use shall be governed by and construed in accordance with the laws of Singapore. Any claims of whatever nature arising out of or in connection with this Agreement or any of the transactions contemplated by this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

14. WAIVER

14.1.

If we fail to exercise or enforce any right or provision of the Terms of Use, this failure shall not constitute a waiver of such right our remedy under the Terms of Use, and you are not relieved from complying with the obligations set out herein.

14.2.

No waiver of any of the terms herein shall be effective unless it is expressly stated to be a waiver and communicated to you in writing.

15. SEVERABILITY

15.1.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that such term, condition or provision shall be severed from the Terms of Use and the remaining terms of the Terms of Use remain in full force and effect.