Terms of Service

1.Overview

These Terms of Service outline the agreement under which Resi Pte Ltd (“Resi”) provides the software platform (the “Service”) to users licensed by @realty Pty Ltd (Australia) and @realty Ltd (New Zealand) (collectively, “@realty”). By registering for the Service, the User:

1. acknowledges they have read and understood these Terms of Service;
2. agrees to be bound by these Terms of Service;
3. represents and warrants they have the authority to act on behalf of their entity, if applicable; and
4. agrees to these terms by accessing or signing into the system. If the User does not agree to these terms, they must not access or use the Service. Continued use of the Service after any changes to these terms will constitute the User’s acceptance of the updated terms.

Both Resi and @realty (the “Parties”) reserve the right to update and change these terms at any time without notice, and such changes will be binding on the User.

2.Interpretation

2.1 Definitions:

In this Agreement, the following terms have the following meanings:

• “Agreement” means these Terms of Service.
• “App” refers to the software platform owned by Resi.
• “Intellectual Property Rights” include all intellectual property rights, whether registered or unregistered, including but not limited to copyrights, patents, trademarks, and proprietary information.
• “Service” refers to the software platform licensed to @realty Pty Ltd (Australia) and @realty Ltd (New Zealand) and made available to users for business purposes.
• “Subscription Fee” refers to the fee payable by the User for accessing the Service, as set out by @realty.
• “User” refers to the individual or entity registering to use the Service.
• “User Data” refers to the data provided by the User to Resi, @realty Pty Ltd, or @realty Ltd through the use of the Service.

2.2 Interpretation:

• (a) The singular includes the plural and vice versa;
• (b) References to currency are in Singapore dollars (SGD);
• (c) The time zone for this Agreement is Singapore Standard Time (SGT).

3.Provision of the Service

3.1 Subject to the User's payment of the Subscription Fee, Resi provides the Service for internal business purposes only.

3.2 Any free trials are for evaluation purposes only.

3.3 The Service is provided "as is," and neither Resi nor @realty guarantees its uninterrupted operation or error-free use.

3.4 Users are solely responsible for ensuring that the Service meets their business needs and complies with applicable legal requirements.

3.5 Neither Resi nor @realty is responsible for compliance with any regulations specific to a particular industry or region.

4.User Obligations

The User must:

• (a) Keep all access credentials confidential;
• (b) Not undermine the security or integrity of the Service or any systems used by Resi or @realty;
• (c) Use the Service only for its intended purpose and comply with all applicable laws;
• (d) Not modify or reverse-engineer any part of the software unless permitted by law.

5.Subscription Fees and Payment

5.1 A Subscription Fee is required to access the Service.

5.2 Fees are payable in advance and are non-refundable except as outlined in this Agreement.

5.3 Failure to pay the Subscription Fee may result in termination of access to the Service.

6.User Data

6.1 Users retain ownership of their data but grant Resi and @realty a license to use it for providing the Service.

6.2 Resi and @realty will take reasonable steps to safeguard User Data but are not liable for data loss.

6.3 Upon termination of the Agreement, User Data may be deleted. It is the User's responsibility to export any data before termination.

7.Indemnification

7.1 Intellectual Property:

The User shall indemnify and hold harmless both Resi and @realty from any claims, liabilities, or losses arising from a breach of intellectual property rights.

7.2 Legal Compliance:

The User agrees to indemnify and hold harmless Resi and @realty from any claims, damages, liabilities, or expenses (including legal fees) arising from or related to the User's failure to comply with applicable laws, regulations, or third-party rights in connection with their use of the Service.

7.3 User Data:

The User agrees to indemnify and hold harmless Resi and @realty from any claims, liabilities, damages, and expenses (including legal fees) arising from or related to any breach of data protection laws, unauthorized access to User Data, or the misuse of personal information by the User.

7.4 Third-Party Claims:

The User agrees to indemnify and hold harmless Resi and @realty from any third-party claims, damages, or liabilities (including legal fees) arising out of or related to the User's use of the Service, including but not limited to any claims of infringement of intellectual property rights, defamation, or contractual violations.

7.5 Breach of Contract:

The User agrees to indemnify and hold harmless Resi and @realty from any damages, liabilities, or costs (including legal fees) resulting from the User's breach of this Agreement.

7.6 Misrepresentation or Fraud:

The User agrees to indemnify and hold harmless Resi and @realty from any claims, damages, or liabilities (including legal fees) arising from misrepresentation, fraud, or intentional misconduct by the User.

8.Third-Party Services

The Service may integrate third-party services. The terms governing those services are separate and may override parts of this Agreement. Resi and @realty are not liable for issues arising from third-party services.

9.Warranties and Acknowledgements

9.1 Resi and @realty make no warranties regarding the Service's fitness for any particular purpose.

9.2 Users warrant they are using the Service for business purposes and acknowledge that consumer protection laws may not apply.

10.Limitation of Liability

10.1 Cap on Direct Damages:

To the maximum extent permitted by law, the total liability of Resi and @realty, whether in contract, tort (including negligence), or otherwise, arising out of or related to this Agreement shall not exceed the total fees paid by the User to @realty for access to the Service in the 12 months preceding the event giving rise to the liability.

10.2 Exclusion of Indirect, Consequential, and Special Damages:

In no event shall Resi or @realty be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of business opportunities, loss of data, or business interruption, even if Resi or @realty has been advised of the possibility of such damages.

10.3 Disclaimer of Warranties:

To the maximum extent permitted by law, Resi and @realty disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Resi and @realty do not warrant that the Service will be error-free, uninterrupted, or free from defects, or that the Service will meet the User's requirements.

10.4 Limitation for Third-Party Services:

Resi and @realty shall have no liability for any third-party services, including but not limited to those provided through the platform. Users acknowledge that the use of third-party services may be subject to separate terms and conditions, and Resi and @realty shall not be responsible for any acts or omissions of such third-party service providers.

10.5 Liability for Data Loss:

Resi and @realty shall not be liable for any loss or corruption of data. It is the User’s sole responsibility to back up all User Data and to ensure the accuracy of any data input into the Service.

10.6 Force Majeure:

Neither Resi nor @realty shall be liable for any delay or failure to perform any obligations under this Agreement if the delay or failure is due to events beyond their reasonable control, including but not limited to acts of God, war, terrorism, strikes, internet service interruptions, or changes in government regulations (a “Force Majeure Event”).

10.7 Limitation for Temporary Downtime:

Resi and @realty shall not be liable for any temporary unavailability or downtime of the Service, whether due to maintenance, updates, or factors beyond their control. Users acknowledge that occasional interruptions in the Service may occur, and Resi and @realty will take reasonable steps to restore access promptly.

10.8 Limitation for User-Generated Content or Actions:

Resi and @realty shall not be liable for any content, data, or materials uploaded, transmitted, or posted by Users through the Service. The User assumes full responsibility for ensuring that any content or data provided complies with applicable laws and regulations.

11.Termination

11.1 Either Resi or @realty may terminate this Agreement if the User fails to comply with these Terms of Service.

11.2 Users may terminate the Agreement by providing seven days' notice prior to the next billing cycle.

12.General

12.1 This Agreement is governed by the laws of Singapore, and the parties submit to the exclusive jurisdiction of Singapore courts.

12.2 Any notices must be in writing and sent to the relevant contact emails for Resi, @realty Pty Ltd, @realty Ltd, or the User.

Contact Information:

Resi Pte Ltd
60 Albert Street, #14-01 OG Albert Complex
Singapore 189969

@realty Pty Ltd
11/50 Cavill Ave, Surfers Paradise, QLD, Australia 4217

@realty Ltd
33/23-29 Albert St, Auckland, New Zealand 1010