Restrictions on the use of websites
In accessing or using our platform you agree that you will not:
- use any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on our website;
- use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
- use or index any content or data on our platform for purposes of:
- constructing or populating a searchable database of properties,
- building a database of property information; or
- competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- use our platform or any content from our platform in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any Term of Use or other condition posed by us or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platform or any content on our website, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Hong Kong Copyright Ordinance (Cap. 528), the Company grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of SMARTExpos.com copyright material beyond such use, written permission must be obtained directly from the Company or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third-party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third party websites do not form part of our platform and are not under the control of or the responsibility of the Company. When you link to those websites you leave our platform and do so entirely at your own risk. The Company and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by the Company.
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that the Company has permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms.
The Company may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, the Company may remove or disable access to any or all your Contributions if it considers that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions are:
- misleading or deceptive
- inappropriate having regard to the purpose of our platform;
- likely to cause offence;
- materially incorrect;
- otherwise unlawful; or
- corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. The Company is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant the Company a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by the Company and these terms. You grant the Company, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
- you own and control all of the rights to the Contributions; or
- you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise the Company to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
- you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
- you understand that when accessing our platform, you may be exposed to the Contributions of other users of our platform. You acknowledge and agree that the Company does not have control of and is not responsible for these other Contributions. You release the Company from any claims that you could assert against the Company relating to or in connection with these other Contributions.
You represent and warrant that:
- you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise the Company to display your Contributions; and
- you will not make any Contributions that:
- infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
- are misleading or deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our platform.
Third Party Content
Our platform contains content provided to the Company by other parties (Third Party Content). the Company does not have a practice of monitoring or making inquiries about Third Party Content. The Company is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of the Company. You rely on Third Party Content completely at your own risk.
Our apps are provided subject to the platform or software provider’s terms.
If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and the Company. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone or iPad that you own or control. You must comply with the Usage Rules in the App Store Terms
You acknowledge that:
- the Company (not Apple) is solely responsible for the app and its contents; and
- Apple is not required to provide maintenance or support services for the app.
If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility. We are (and Apple is not) responsible for:
- addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
- investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If you have any questions, complaints or claims you can contact us at email@example.com, via the ‘feedback’ option on the app Settings menu or by calling +852 3198 1818. To the extent permitted by local applicable laws, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third-party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
You represent and warrant that:
- your use of our platform will comply at all times with these terms and any directions we make to you in relation to your use of our platform from time to time;
- you will make sure that you keep your username and password by which you access SMARTExpos.com confidential and secure at all times; and
- you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to the Company.
You agree to indemnify and hold the Company and its affiliates (and their officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use of and access to our platform or making Contributions not in accordance with these terms.
Policy for linking to our website
You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
- attribute a link to the Company content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);
- attribute a link to our site and then link somewhere else;
- frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or
- link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
Limitation of liability
Certain rights and remedies may be available under the consumer protection legislations of Hong Kong and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF REA GROUP LTD AND THE COMPANY AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD$100.00 (local currency equivalent).
By using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of Hong Kong.