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Terms of Use

Legal Information

Please read these terms and conditions carefully.

Confirm your agreement to them before using this website.

 

www.realinflo.com (the “Website”) is a website operated by Realinflo Limited (“Realinflo”, “we” or “us”), a private company limited by shares incorporated in the Hong Kong Special Administrative Region (“Hong Kong”) with Companies Registry number 2578347. Please e-mail founders@realinflo.com to contact us.

1. Acceptance of terms [1]

 

1.1 Your registration with or use of our Website constitutes:

(a) your acceptance of these Terms of Use; and 

(b) your undertaking to us to comply with them.

1.2 If you do not agree to these Terms of Use, you must not use our Website.

1.3 Notwithstanding paragraph 1.1, you must expressly agree to these Terms of Use to:

(a) register your details with our Website;

(b) submit information or upload content to our Website; or

(c) use our Website services.

1.4 Our Website is intended solely for use by businesses and professionals in the real estate industry. By registering with or using our Website or agreeing to these Terms of Use, you warrant and represent to us that you are a member of an organisation engaged in business in the real estate industry.

1.5 Our Website uses cookies. By registering with or using our Website or agreeing to these Terms of Use, you agree and consent to our use of cookies. Our policy on cookies is contained in our Privacy Policy [ 2] with additional provisions in paragraph 15 below. Our Privacy Policy can be reviewed on this [link].

1.6 By registering with or using our Website or agreeing to these Terms of Use, you also agree and consent to our Privacy Policy. Our Privacy Policy can be reviewed on this [link].

1.7 Notwithstanding paragraph 1.6, you must expressly agree to our Privacy Policy to:

(a) register your details with our Website; or

(b) use our Website services.

1.8 By registering with or using our Website or agreeing to these Terms of Use, you consent and agree to comply with our Acceptable Use Policy (see paragraph 7 below for further details).

1.9 Any information or content on our Website does not constitute legal, investment or other professional advice. information or content on our Website is not intended to be, and is not, a statement of the merits of any investment, or our advice on any subject, and it should not be used as a substitute for investment or other professional advice, which should be obtained in specific circumstances.

1.10 We recommend that you print a copy of these Terms of Use for future reference.

 

2. Changes to these Terms of Use

 

2.1[ 3] We may amend these Terms of Use from time to time. We will give you prior notice of major changes that we believe may adversely affect you. We will inform you of any changes to these Terms of Use. The Terms of Use in force from time to time will apply to your use of our Website, and any services provided via our Website.

2.2 If you do not agree to any revised Terms of Use, you must stop using our Website.

2.3 If you have given your express agreement and consent to these Terms of Use, we will ask for your express agreement and consent to any revisions of these Terms of Use before your first use of the Website after the revision comes into effect. If you do not give your express agreement and consent to the revised Terms of Use within such period as we specify, we will disable, delete, suspend or cancel your account on the Website, and you must stop using the Website.

 

3. Suspension and withdrawal of services

 

3.1 Some parts of our Website are made available free of charge. Our free services include use of our Bricks System (see paragraph 11 below), and is subject to the terms of that system.

3.2 Other parts of our Website are available to paid subscribers only. You will be requested to agree to, and you must expressly agree to, our terms on fees and payment before you can use our paid Website services.

3.3 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You will not be entitled to any compensation or other payment upon the discontinuance, suspension, withdrawal or alteration of our Website services, or if we stop publishing the Website.

3.4 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. If you (or any person accessing our Website through your internet connection) are in breach, or suspected to be in breach, of these Terms of Use, we may disable, delete, suspend or cancel your account on the Website at any time.

 

4. Restriction on users

 

4.1 Our Website is directed at users residing in Hong Kong. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

4.2 We may disable, delete, suspend or cancel your account on the Website at any time, if your internet connection is located outside Hong Kong, or we become aware that any person accessing the Website through your internet connection resides outside Hong Kong.

 

5. Security of your account

 

5.1 If you choose, or you are provided with, a username or user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.

5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

5.3 If you know or suspect that anyone other than you knows your username or user identification code or password, or if you become aware of any unauthorised use of your account, you must promptly notify us at founders@realinflo.com.

5.4 You are responsible for any activity on our Website arising out of any failure to keep your username or user identification code or password confidential, and may be held liable for any losses arising out of such failure.

5.5 You must not sell, trade, assign or otherwise transfer your account to any other person.

 

6. Licence to use

 

6.1 We are the owner or the licensee of all copyright and other intellectual property rights in our Website, and in its content and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

6.2 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

6.3 You must not edit or otherwise modify the paper or digital copies of any materials you have printed off or downloaded from our Website in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics from our Website separately from any accompanying text. 

6.4 Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on our Website.

6.5 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged in any use by you or on your behalf of materials from our Website.

6.6 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our Website (including republication on another website);

(b) sell, rent or sub-license material from our Website;

(c) show any material from our Website in public;

(d) exploit material from our Website for a commercial purpose; or

(e) redistribute material from our Website (including submitting or providing material or information from our Website to similar platforms, our competitors, or any other third party websites).

6.7 If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately, and we may disable, delete, suspend or cancel your account on the Website at any time. You must, immediately upon our request, return or destroy any copies of the materials you have made.

6.8 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

 

7. Acceptable Use Policy

 

7.1 You must not:

(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website; 

(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; 

(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to our Website without our express written consent;

(e) access or otherwise interact with our Website using any robot, spider or other automated means;

(f) violate the directives set out in the robots.txt file for our Website;

(g) use data collected from our Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing); or

(h) use data collected from our Website to contact individuals, companies or other persons or entities.

7.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website:

(a) is true, accurate, current and complete, and is not misleading;

(b) complies with all applicable laws and regulations;

(c) does not infringe the privacy, confidentiality or intellectual property rights or other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.

7.3 You represent and warrant that all material and information you supply to us through our Website (including any material or information submitted to us under the Brick System), or in relation to our Website is material or information that:

(a) you have created or arose from transactions that you (or your organisation) were party to or were directly involved in; and 

(b) was not obtained from similar platforms, our competitors, or any other third party websites.

7.4 Please e-mail us at [email address] with details you learn of any material or activity on our Website that breaches these Terms of Use.

 

8. Accuracy of information

 

8.1 The content on our Website is provided for general information only.

8.2 We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is true, accurate, current or complete.

8.3 You agree and acknowledge that your use of any information, material or content obtained through our Website is at your own risk and discretion.

 

9. Links to third party websites

 

9.1 Links from our Website to other websites and resources provided by third parties are provided for your information only. Links to other websites and resources from our Website should not be interpreted as, and are not, recommendations or approval by us of those linked websites or resources, or any information you obtain from them.

9.2 You acknowledge and accept that we have no right or control over the contents of other websites and resources that are linked from or referred to in our Website.

 

10. Linking to our Website

 

10.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.3 You must not establish a link to our Website in any website that is not owned by you.

10.4 Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.

10.5 We reserve the right to withdraw linking permission without notice.

10.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see paragraph 7 above).

10.7 Please contact founders@realinflo.com to seek our prior permission to any linkage to our Website that does not comply with this paragraph 10.

 

11. Our Services

 

Realinflo Bricks System [ 4]

11.1 We may develop and provide a free, point or reward based market place to promote sharing and use of data and information on our Website (the “Bricks System”).

11.2 The Bricks System will be subject to separate terms and conditions. We will ask for your express agreement and consent to those terms and conditions before your participation. If you do not give your express agreement and consent within such period as we specify, you will be excluded from and you may not participate in the Bricks System.

OR [pending completion of text by client ]

11.1 Bricks is the name of the points system in Realinflo, for which users are rewarded for certain actions. These actions are primarily but not limited to whereby a user makes a data and information change from only being in their private database (“Realinflo Private Floor”) to the sharing platform (“Realinflo Trading Floor”). These Bricks (or ‘points’) can then be used to perform certain actions within the Website, which is primarily to obtain property information or comparables.

11.2 Bricks have no monetary value. However, throughout the Website we use phrases related to the use of Bricks, such as for the actions of ‘purchasing’ comparables or ‘earning’ Bricks for sharing comparable data. This is for demonstrating the use and application of Bricks within Realinflo only. By using our Bricks System, you acknowledge that Bricks are not money of any kind (including but not limited to both fiat and cryptocurrencies) and without our prior permission may never be redeemed for such. You are also not permitted to obtain Bricks through the payment of real money without our prior permission.

11.3 Obtaining Bricks: Bricks are added to a user’s Realinflo account as a reward for certain actions which is primarily for the sharing of property information or comparables. Guidelines and parameters for awarding points are available on the Website ([insert link]), which we may change from time to time. Although we will make every effort to ensure that the awarding of Bricks to a user’s Realinflo account is fair, we have the final say on how many Bricks is awarded to a user’s account for each certain action. At our own discretion, we may also credit user’s accounts with Bricks for other reasons. This may be for reasons including but limited to a user requesting Bricks for an ‘emergency’ purpose to purchase data or information that they may require.

11.4 Redeeming Bricks: Bricks may be redeemed on the Realinflo website by a user for the ‘purchase’ of data and information in the Realinflo Trading Floor.

11.5 The amount of Bricks required to purchase a certain data or information set at a particular time is shown to the user. This is also referred to as the ‘price’ to purchase that particular data or information set. Realinflo reserves the right to amend the prices within the Trading Floor at any time.

11.6 All purchased data and Bricks redeemed are subject to this Terms of Use and by any other requirements, terms and limitations as set out in the Realinflo Services. 

Extra points to add: 

Competitions and promotions[ 5]

 

11.7 We may conduct competitions, prize draws or other promotions on our Website.

11.8 Competitions, prize draws and other promotions will be subject to separate terms and conditions. We will ask for your express agreement and consent to those terms and conditions before your participation. If you do not give your express agreement and consent within such period as we specify, you will be excluded from and you may not participate in the relevant competition, prize draw or other promotion.

Trial offers

11.9 We may provide services on our Website (including paid services) for a trial period.

11.10 On expiry of your trial period we will ask for your express agreement and consent to continue to receive our services under these Terms of Use. If you do not give your express agreement and consent within such period as we specify, we will delete your account in respect of the services on trial, and delete or remove all documents, information or data submitted by you for those services during the trial period.

 

12. Submitting information

 

12.1 Whenever you make use of a feature that allows you to submit or upload information or content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy in paragraph 7 above.

12.2 You undertake, represent and warrant that any submission or uploading of information or content to our Website will comply with our Acceptable Use Policy in paragraph 7 above.

12.3 Subject to paragraphs 12.4 below, any information or content you submit or upload to our Website will be considered non-confidential and non-proprietary. By submitting or uploading information or content to our Website, you agree to grant:

(a) us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, make available to third parties, edit, update or modify that information in connection with our Website and the service provided by our Website, or in connection with promotion of our Website and its service; and 

(b) other users of our Website a limited licence to use, store and copy that information. 

12.4 We may disclose your identity to any third party who is claiming that any information or content submitted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

12.5 If you mark information or content submitted or uploaded to our Website as confidential, we will use reasonable skill and care to keep that information and content confidential.

12.6 We may be obliged to disclose, in whole or in part, information or content you submit or upload to our Website or to us, including personal details, documents and information concerning work carried out on your behalf:

(a) where disclosure is required by law, including disclosure to law enforcement authorities, regulators or tax authorities; 

(b) where permitted to do so in accordance with law to protect our own legitimate interests; 

(c) where permitted to do so in accordance with our Privacy Policy; 

(d) where required by our insurers, auditors, lawyers or advisers to provide information to them; or 

(e) otherwise as set out in these Terms.

12.7 To the extent permitted by law, you agree and consent that we may monitor electronic communications, including upload, viewing and download of content from our Website, to ensure compliance with our legal and regulatory obligations and internal policies.

 

13. Viruses

 

13.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

13.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

13.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

13.4 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

13.5 You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

13.6 If we believe you have breached the provisions of this paragraph 13, your right to use our Website will cease immediately, and we may disable, delete, suspend or cancel your account on the Website at any time. We may report any breach to relevant law enforcement authorities, and will do so if required to do so under applicable laws.

 

14. Our Trademarks

14.1 [logo/trademark] is a trademark owned solely and exclusively by Realinflo.

14.2 You are not permitted to use our trademarks without our prior written approval, unless they are part of material you are using (and reproducing exactly) as permitted under paragraph 6 above. 

 

15. Privacy

15.1 Our online Privacy Statement can be reviewed here [link] and forms part of the terms on which you may access and use our Website. 

15.2 [ 6] We use cookies on our Website. If you tick the box on log-in asking us to remember you on subsequent visits, then you will be asked to give consent to this at that time. We also use cookies to track the way our users prefer to view our Website and by accepting these Terms of Use you also give consent to our use of cookies for this purpose. More information about cookies is contained in our Privacy Statement.

15.3 If any of your content contains personal data, we will process that personal data in accordance with your instructions from time to time and will take appropriate security measures to protect that personal data against unauthorised and unlawful processing and against accidental loss, destruction or damage.

15.4 We are regularly asked to provide details of the users of our services for publicity material about us. Unless you advise to the contrary, we will assume that we can refer to the fact that we provide services to you, and may describe in general terms the nature of such services.  

15.5 Except where specific safeguards are appropriate or otherwise agreed in writing, information and documents arising as part of our services may be shared among us and, in particular, such information and documents in electronic form may be accessible by all our employees and personnel.

 

16. Liability

 

16.1 Subject to paragraph 16.14, we disclaim all liability to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising from: 

(a) third party content or user content; 

(b) our content, and in particular from the accuracy, completeness or current status of our content; 

(c) reliance on information contained or functionality provided on, or through, these Terms of Use or our Website; 

(d) inability to gain access to the Site or any part of it, or access is interrupted or partial, or functions with errors, at any time; and 

(e) any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control, and includes telecommunications failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and the absence of personnel due to illness or injury, and the time for performance of any obligation, the performance of which is so affected, will be extended accordingly.  

16.2 We will not be liable to the Service Provider (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms of Use for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of that loss or damage arising.

16.3 Our liability arising directly or indirectly under these Terms of Use, or that is not otherwise expressly excluded under these Terms of Use, will be limited to and capped at the higher of US$[amount] or the value of any fees paid by you to us in the six months immediately prior to the claim. The amount of this limitation of liability will be reduced by the amount of any unpaid fees.

16.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms of Use must be brought within one year of the act or omission alleged to have caused the loss or cost.

16.5 Except to the extent that claims cannot be excluded or restricted by law, no claims arising out of or in connection with these Terms of Use may be brought by you personally against any of our employees, officers, consultants or other representatives involved in the performance of the relevant obligations.

16.6 Any disclaimer of liability includes that all representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.

16.7 Only one claim may be brought against us (including our employees, officers or consultants) arising from one act or omission

16.8 One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters, and includes all claims arising from any one matter.

16.9 The limitations in this paragraph 16 apply to our aggregate liability to you, any group company to which you belong, and all individuals nominated by a corporate user together (including any other third parties to whom we are held liable, with or without our consent) in relation to any one claim, and you and any such other persons may together recover from us only once in relation to the same loss.

16.10 Where a limitation of liability applies in whatever amount, the limitation applies to the entire performance of services by us, and there will not be separate aggregate limits of liability applicable to you, any group company to which you belong, and all individuals nominated by a corporate user.

16.11 If we have joint and several liability to you with another party we will only be liable to pay you the proportion which is found to be fairly and reasonably due to our fault. We will not be liable to pay you the proportion which is due to the fault of another party for which such other party would otherwise be liable.

16.12 Any liability due from us to you will be reduced by the proportion for which another party would have been found to be liable if either:

(a) you had also brought proceedings or made a claim against that other party; or 

(b) we had brought proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance (Cap. 377) or similar law under any other relevant jurisdiction.

16.13 This is irrespective of whether such other party is sued. In considering whether other parties may be liable to you, no account is to be taken of any inability on your part to enforce remedies against another party by reason of causes of action against that party becoming time-barred, or the party’s lack of means or the party’s reliance on exclusions or limitations of liability or that the other party has ceased to exist.

16.14 The exclusions and limitations of liability in these Terms of Use do not affect our liability:

 (a) for death or personal injury arising from our negligence;

(b) for fraud or reckless disregard of professional obligations;

(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability in Hong Kong; and

(d) in any other case, to limit our liability to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.

16.15 These provisions shall be exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms of Use.

 

17. Indemnity

 

17.1 You will on demand fully indemnify, and keep fully indemnified, Realinflo, each subsidiary or affiliated company of Realinflo, and their respective officer, employees, consultants and other representatives (the “Indemnified Parties”) from and against all claims, costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:

(a) any material breach of the provisions of these Terms of Use by you;

(b) any infringement or alleged infringement by you of any third party’s intellectual property rights;

(c) any fraud, negligence, misconduct or reckless carelessness in or about your obligations under these Terms of Use; and 

(d) your use of our Website.

17.2 We will be entitled to recover from you all out-of-pocket expenses we reasonably incur in connection with an indemnified claim, and all such expenses will be payable on demand.

 

18. Your Breach

 

18.1 Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may: 

(a) send you one or more formal warnings; 

(b) temporarily suspend your access to our Website; 

(c) permanently prohibit you from accessing our Website; 

(d) block computers using your IP address from accessing our Website; 

(e) contact any or all your internet service providers and request that they block your access to our Website; 

(f) suspend or delete your account on our Website; or 

(g) commence legal action against you, whether for breach of contract or otherwise.

18.2 If we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent that suspension or prohibition or blocking (including creating or using a different account).

 

19. General Provisions 

 

19.1 You may not assign any of your rights under these Terms of Use.

19.2 The rights, powers and remedies provided in these Terms of Use are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.

19.3 We subcontract the hosting of the Website to a third party.

19.4 If the validity or enforceability of any provision of these Terms of Use is in any way limited by any applicable law, that provision will be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision does not affect the validity or enforceability of any other provision.

19.5 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms of Use or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms of Use, this does not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

19.6 The exercise of the parties’ rights under these Terms of Use is not subject to the consent of any third party.

19.7 These Terms of Use are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

 

20. Governing law

 

20.1 These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong.

20.2 Any disputes or claims (including non-contractual disputes or claims) relating to these Terms of Use or your use of our Website shall be subject to the exclusive jurisdiction of the Hong Kong courts.

Please email founders@realinflo.com if you have any questions or concerns about these Terms of Use or our Website.

 

 

Last updated: 5 December 2017