TERMS & CONDITIONS
I. General provisions
1. Maintenance of the Website
The manager of the present website, "www.landlord.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; e-mail: [email protected]
; hereinafter: "Service Provider
2. General description of the Service provided
The Service Provider offers a website where private persons can register, and after registration, can publish advertisements of flats/apartments/houses etc. for sale or for rent. The website provides a forum for individuals to build up relationship in order to find a property/tenant for the individual seeking for that ("Service
3. The User
The User ("User
") is any private person who uses the Service through the Website.
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.
4. Effect and modification of the Terms and Conditions of this Contract
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:
- If the changes of the legislative environment render it indispensable;
- If circumstances beyond the person of the Service Provider render the changes indispensable;
- If the demands of User or Users render the changes indispensable;
- If the changes become necessary in the interest of the extension of the efficiency of the service providing;
- If the successful and economic service providing absolutely requires modification.
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.
5. Authoritative law and jurisdiction
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.
II. Data Management
1. General rules
The Service Provider collects and manages publicly available data or data provided by the user.
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.
2. Data management for advertisement purposes
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.
3. Registration, scope of data
The user shall provide name, e-mail address and password during registration. After registration, the user has access to the personal profile, where other data might be registered (not required).
The user can register using Facebook, Google, LinkedIn profile to register.
Mobile number might be registered only with verification. In this case the Service Provider sends a confirmation SMS to the registered mobile number. The registration can be finished with the code sent.
4. Duration of data management
Service Provider erases the data received in following cases:
- the data management is against the law, or a legal rule orders cancellation;
- if requested by User;
- the data are deficient or erroneous, which makes use impossible;
- the purpose of data managements ceases;
- if ordered by an authority or the court.
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.
5. Other information related to data management
5.1. Data Transfer
The Data Controller shall only transfer personal data to any third party, if the data subject has expressly given his consent thereto, being aware of the type of data transferred and of the identity of the recipient, the contract between the Data Controller and the data subject provides legal basis, or if the data transfer is authorised by law.
5.2. Data Processing
The Data Controller shall have the right to employ a data processor for performing its activities. Data processors shall not make independent decisions, and they shall perform their data processing activities on behalf of the Data Controller according to the written contract signed with the Data Controller and as specified in the contract, and by following the instructions given by the Data Controller. The Data Controller shall supervise the work performed by the data processors. Data processors may only employ further data processors with the consent of the Data Controller. The Data Controller shall provide information about the data processors engaged.
5.3. Data Security, Access to Data
The Data Controller shall ensure the protection of data security, and shall take the technical and organisational measures, and shall work out those procedural rules that are necessary to ensure compliance with data security requirements. The Data Controller shall keep records of the data managed by it according to the applicable legislations, ensuring that access to such data shall only be given to those employees and other persons acting for and on behalf of the Data Controller, who need to know such data based on their position, or for performing their work. Access to the personal data of data subjects shall only be given to those persons working within the organisation of the Data Controller, who need to know those for performing their work. All employees are required to treat such data confidentially.
In particular, the Data Controller shall ensure the following within the scope of its responsibilities related to IT protection:
- It shall take measures to provide protection against unauthorized access, including protection for software and hardware devices, or physical protection (access protection, network protection);
- It shall take measures to ensure the possibility of data recovery, including the performance of regular backup services, and the separate and safe storage of backup files (mirroring, data backup);
- It shall provide antivirus protection for data files (antivirus protection);
- It shall ensure the physical protection of data files and data carriers, including protection against fire, water ingress, lightening and other natural disasters, and shall ensure that such devices can be recovered after the occurrence of the above incidents (archiving, fire protection).
The Data Controller shall take the necessary measures to provide protection for hard copy records, in particular, for ensuring the physical safety of and fire protection for such records.
Employees, agents and other persons acting for and on behalf of the Data Controller shall be obliged to ensure the safe keeping and appropriate protection for data carriers containing personal data used by or entrusted to them, regardless of the method by which such personal data have been recorded.
5.4. Term of Data Management
The Data Controller shall ensure by developing and complying with data deletion rules that the duration of data management should not exceed the required and lawful retention period. Data shall be deleted in the following cases:
- It is confirmed that data management is unlawful. If management of any data is unlawful, the Data Controller shall in each case delete such data, as soon as the unlawfulness of data management is confirmed.
- Deletion of data is requested by the data subject. If deletion of data is requested by the data subject, the Data Controller shall in each case check whether data management is mandatory by law. If so, the Data Controller shall reject the request for deletion of data. If management of data is not mandatory, but the Data Controller has a lawful reason for data management, and data management is necessary for the submission, enforcement or protection of any legal claim, the Data Controller shall assess whether the affected data can be deleted. In the event that management of the affected data is not required by law, the Data Controller has no lawful reason for data management other than the related consent granted, or if despite any lawful reason for data management the related management activity is not justified, the Data Controller shall delete such data at the request of the data subject. If the Data Controller rejects the request for deletion of data, it shall in each case inform the data subject, and at the same time shall in each case specify the legal grounds for rejecting such request as well as the applicable legal remedies.
- The purpose for data management is not relevant any more, or the data retention period as specified in advance, by law or in the related consent has expired. If the purpose for data management is not relevant any more, and management of the affected data is not required by law, the Data Controller shall delete such data. If a data retention period is specified by law, the Data Controller shall delete the related data after the expiry of the statutory data retention period.
- Deletion of data has been ordered by a court or an authority. If deletion has been ordered by a court or an authority, and the order is binding, the Data Controller shall delete the relevant data.
When deletion of data is performed, the Data Controller shall make such data unidentifiable. If the law requires so, the Data Controller shall arrange for the destruction of the data carrier containing personal data.
5.5. Addressing Data Protection Incidents
Data protection incident means that a security infringement has occurred resulting in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or unauthorized access to transferred, stored or otherwise managed personal data. The Data Controller shall promptly report any data protection incident to the competent authority, unless, the data protection incident is unlikely to pose any risk to the rights and freedoms of the affected data subjects. The Data Controller shall keep records of the data protection incidents, along with the measures taken in response to any given incident. In case of a serious incident (i.e. it is likely to pose high risk to the rights and freedoms of the data subject), the Data Controller shall inform the data subject about the data protection incident without undue delay.
6. Data subjects’ rights and their enforcement
6.1. Data Subjects’ Rights
Information (access). The data subject shall have the right to receive information about the management of his data. The Data Controller shall inform the data subject about data management at the time of recording such data, and this Notice shall be available to him at any time. The data subject may request full information about the management of his data during the data management process. The data subject may request The Data Controller to give him a copy of the affected data.
Correction. The data subject shall have the right to request The Data Controller to correct inappropriate data related to him, and to supplement incomplete data.
Deletion, withdrawal of consent. The data subject shall have the right to withdraw at any time his consent given to data management, and may request the deletion of his data which can requestable by email on [email protected]. The Data Controller shall only reject such request, if data management is based on legal requirement, or if data management is necessary for the submission, enforcement or protection of any legal claim.
Restriction. The data subject shall have the right to restrict the management of data in the following cases:
- the data subject challenges the accuracy of personal data, in this case restriction shall apply to the period, during which the data controller checks the accuracy of personal data;
- data management is unlawful, and the data subject objects to the deletion of data, and instead he requests the restriction of their use;
- the data controller will not need the personal data any longer for data management purposes, but the data subject needs those for submission, enforcement or for the protection of any legal claim;
- the data subject objected to data management; in this case, restriction shall apply to the time period, until it is established whether the data controller’s legitimate interests override the data subject’s legitimate interests.
If data management is restricted, with the exception of data storage, the affected personal data may only be managed with the data subject’s consent, or may only be used for the purposes of submitting, enforcing or providing protection for any legal claim, or for the protection of the rights of any natural person or legal entity, or for pursuing the important public interests of the European Union or of any member state.
Objection. If data management is necessary for pursuing the legitimate interest of The Data Controller or any third party, the data subject shall have the right to object to the management of his personal data at any time for reasons related to his own circumstances. In this case, the data controller shall not continue the management of data, unless, the data controller provides evidence that data management is justified by such compelling legitimate reasons, which are given priority over the data subject’s interests, rights and freedoms, or are related to the submission, enforcement or protection of any legal claim. If data management is performed for the purpose of gaining direct business opportunities, the data subject shall have the right to object to the management of his personal data at any time.
Data portability. The data subject shall have the right to receive his personal data in a segmented, widely used machine readable format, and shall be also entitled to transfer such data to another data controller, provided that data management process is performed automatically. If technically feasible, the data subject shall have the right to request the direct transfer of his personal data to another data controller.
6.2. Ensuring the Rights of and Managing the Requests of the Data Subject
The Data Controller shall inform the data subject about its data management activities when the initial contact is made. The information on data management shall be available in the forms used for collecting data from the data subject, and this detailed Notice shall be made available to the data subject, and The Data Controller shall also notify the data subject about the existence and availability thereof.
The data subject may submit its request for exercising his rights in any form to The Data Controller (whether orally, or in writing). The Data Controller shall promptly assess such request, make a decision on the fulfilment thereof, and shall take the necessary measures. The Data Controller shall inform the data subject about the measures taken within one month. The information given shall in each case include the action taken by The Data Controller, or the information requested by the data subject. If The Data Controller rejects such request (fails to take the necessary actions required for the fulfilment of the request), the information supplied shall include the ground for rejection, the related reasons and the available legal remedies.
The Data Controller shall not make the fulfilment of the request conditional on the payment of any fee or the reimbursement of any cost.
If it is uncertain whether the request has been made by the data subject due to the given circumstances, or the method of submission, The Data Controller may request the data subject to verify his eligibility, or to submit the request by such method so that the eligibility can be clearly established.
The Data Controller shall inform all recipients about such correction, deletion or restriction imposed on data management, to whom the affected personal data was transferred, unless this is deemed impractical, or would involve disproportionate effort. At the data subject’s request, it shall inform the data subject about such recipients.
6.3. Legal Remedy
In the event that the data subject’s rights have been infringed, he may request The Data Controller to terminate such unlawful data management, and to assess the data management process, and consider the rejection of the data subject’s request. The Data Controller shall in each case examine all such complaints lodged by the data subject, and shall inform the data subject about the related outcome.
The data subject may also file his complaint directly to the National Data Protection and Freedom of Information Authority (address: Hungary, 1125 Budapest, Szilágyi Erzsébet fasor 22/c.; phone: +36-1-391-1400; e-mail: [email protected]; web: www.naih.hu
The data subject shall have to right to file his case in court, if his rights have been infringed. At the data subject’s request, The Data Controller shall provide detailed information to the data subject about the competent court having appropriate jurisdiction, and about the method to bring legal proceedings.
III. Detailed description of the Service provided
The individual user may publish advertisements of his own property (for sale or for rent). The user may decide about publishing the advertisement only on the Website, or on the home.sg or agent. sg website as well. Advertisements on home.sg are public, advertisements on agent.sg are accessible only for registered Estate Agents.
The individual user may publish advertisements for seeking property (for purchase or for rent). These advertisements are published only on agent.sg.
The individual user and the registered Estate Agents may contact each other through the Website. Estate Agents registered on agent.sg have access to the data of the users, and they can contract the users. This serves only providing services concerning the advertisements published by the users.
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.
V. Intellectual works
1. Protection of intellectual works
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.
VI. Service Provider’s responsibility
1. Service continuity
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.
2. Service Provider’s responsibility, exclusion of warranty
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.
3. No Warranty
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.
VII. Due process
1. Objection submitted to Service Provider
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.
2. Other remedy
The User shall be entitled to submit its lawful claim to the authority or court under the governing law.