This states the terms and conditions (“Terms”) upon which the PropPush service ("Service") is offered by NacRoc Limited ("PropPush"). Your use of the PropPush web site ("Web site") and/or service constitutes your acceptance of all of the terms, conditions, and notices contained herein and in applicable documents.
1. Person accessing and using the Service and the Web site is hereby referred as User.
2. User may register as property seller/renter, property buyer/renter or property agent.
4. User will keep his password and other access details for use with the Service confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. User shall notify PropPush immediately if he believes that such information is no longer secret. User is solely responsible for all activities that occur under his account and will not permit any person to access the Service for any unauthorised purpose that would constitute a breach of these Terms if such a breach was carried out by the User. PropPush will not be liable for any loss either direct or indirect that User may incur, or may create, as a result of someone else’s usage of his account, either with or without User’s knowledge or assent.
5. User is solely responsible for the content he posts to/through the Service, and the Service acts only as a platform between Users. User agrees that PropPush has no responsibility and liability whatsoever over any content created and/or imported/exported by User and distributed through/displayed at PropPush, including, but not limited to any property and contact information, etc. User shall not: (a) use the Service in any way so as to bring the Service or PropPush into disrepute; (b) use the Service to send unsolicited or unauthorised advertising, promotional material, 'junk mail', 'spam', 'chain letters' or pyramid schemes; (c) use the Service in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive; (d) use the Service in a manner which infringes the intellectual property, proprietary or personal rights of any third party. User who post information that go against this purpose will have their postings deleted and their PropPush accounts may be terminated.
6. User is the data controller in respect of any data, including, but not limited to personal data, he provides to the Service and such data is not checked or monitored by PropPush. Accordingly, PropPush has no liability or responsibility whatsoever howsoever arising directly or indirectly to the User for the accuracy, contents or use of such data.
7. When User posts information and content on PropPush, he is deemed to have automatically granted with consent, to PropPush an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User information and content for any purpose, commercial, advertising, or otherwise, on or in connection with PropPush or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User information and content, and to grant and authorize sublicenses of the foregoing.
8. To the best of the User’s knowledge, User agrees not to knowingly use the Service for any purpose that is unlawful or prohibited and not to knowingly use the Service in any manner which could damage, disable, overburden, or impair the Service or network(s), communications equipment or computer(s) connected to the Service, or interfere with any other party's use and enjoyment of the Service. User shall not knowingly attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall User knowingly commit an act or omission that facilitates such activity by another person. User agrees not to knowingly disable or bypass any functionality of the Service. User will not knowingly, nor shall User commit an act or omission that knowingly assists another person’s effort to harvest or otherwise collect information about others, including but not limited to User e-mail addresses for spamming or other purposes.
9. Occasionally it may be necessary for PropPush to temporarily suspend the Service in whole or in part to carry out Service maintenance. PropPush will inform User about any maintenance through its Web site. Services may also be suspended in whole or in part whereas PropPush or any third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation. PropPush accepts no responsibility or liability to the User for any direct or indirect loss or damage that may arise under this clause.
10. Whilst PropPush will use its reasonable endeavours to do so, it cannot guarantee the delivery of emails to any recipient under the Service as it is dependant upon accurate and up to date email addresses, upon suitable Internet availability and connectivity, on various anti spam and junk mail policies adopted by recipient email service providers as well as restrictions regarding the content, wording and graphics of an email. PropPush makes no representations or warranties whatsoever about the speed or number of emails sent that will be delivered to recipients and accepts no responsibility or liability to the User for any direct or indirect loss or damage that may arise under this clause.
11. User acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by intellectual property and other applicable laws. PropPush grants User a limited, personal, non-transferable, non-exclusive license, in object code only, to use the software utilized within the Service. User agrees not to, for the benefit of User or a third party, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from PropPush or the Service.
12. PROPPUSH PROVIDES THE SERVICE "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, PROPPUSH DOES NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF SERVERS FOR THE SERVICE. IN NO EVENT SHALL PROPPUSH BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF PROPPUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER UNDERSTANDS THAT NOTHING IN THESE TERMS CREATES FOR PROPPUSH AN OBLIGATION TO OR RIGHT ON BEHALF OF A THIRD PARTY, AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD PARTY CLAIMS ARISING FROM USER’S USE OF THE SERVICE. USE OF THE SERVICE IS AT USER’S SOLE RISK. ANY MATERIAL RECEIVED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM, AND/OR FOR ANY LOSS OF DATA RESULTING FROM THE USE OF THE SERVICE. NO INFORMATION OBTAINED FROM PROPPUSH OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. PropPush reserves the right to refuse access to the Service in its discretion, including, without limitation, if PropPush believes that User conduct violates applicable law or is harmful to the interests of PropPush and/or its affiliates.
14. User agrees to indemnify and hold PropPush, its officers and employees, shareholders, affiliates, subsidiaries, successors and assigns harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User information and content, any third party applications, software or content User posts or share on or through PropPush, his use of PropPush, his conduct in connection with PropPush or with other Users of PropPush, or any violation of these Terms or of any law or the rights of any third party, including without limitation any action(s) or claims(s) against PropPush on account of any User information and content, third party applications, software or content posted or shared by User on PropPush being or containing material that infringes the intellectual property of a third party.
15. PropPush will not be liable by reason of any failure or delay in the performance of its obligations because of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, PropPush will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
16. No delay by PropPush in enforcing the provisions of these Terms shall prejudice or restrict its rights nor shall any waiver of rights operate as a waiver of any subsequent breach.
17. Any kind of usage of the Service by User shall not automatically lead to Contract between Users.
18. User may not assign, sub-contract, sub-licence or otherwise transfer any rights or obligations under these Terms or any part thereof without the prior consent in writing by PropPush.
19. Except where the context requires otherwise, the singular includes the plural and vice versa, a reference to one gender includes all genders, and words denoting persons include firms and corporations and vice versa.
20. If any provision of these Terms shall be invalid, the validity of the remaining provisions of these Terms shall not be affected. User agrees that regardless of any statute or law to the contrary, any claim of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
21. These Terms shall be governed in all respects by the laws of the Hong Kong and both parties submit to the jurisdiction in Hong Kong SAR. All disputes arising in connection with the Terms, its negotiations, performance, breach, existence or validity shall be determined by final arbitration in Hong Kong SAR, in accordance with the Arbitration Rules of International Chamber of Commerce or any successor or replacement legislation, which may be in force. You agree to be bound by the arbitrator's decision.
You acknowledge that you have the authority to execute these Terms and you further acknowledge that these Terms constitute a valid and legally binding obligation.
Updated: January 3, 2018.