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Terms Of Use
We, THE OPEN HOUSE. (“our Brand”) thank you for visiting our website www.theopenhouse.sg (“our Site"). Your terms of use of our Site (which includes our “Platform” and “Apps” as defined below) shall be governed by the terms and conditions as set out herein (“our Terms of Use”) and our Privacy Policy. Your use of our Site constitutes your full agreement to our Terms of Use and our Privacy Policy, which shall form a legally binding and enforceable contract between you and our Brand (“Agreement”). If you do not accept any provision in our Terms of Use or our Privacy Policy, please immediately cease all usage of our Site, and notify us to discontinue any Updates which you have signed up for, failing which you shall be deemed to be bound by all the provisions contained in our Privacy Policy and our Terms of Use as follows:-
1. Updates to our Terms of Use
1.1 You agree that it is your responsibility to regularly check our Terms of Use available at (https://www.theopenhouse.sg/terms-of-use-the-open-house-sg) to keep yourself updated of any changes or modifications.
1.2 Accordingly, you agree that our Terms of Use may be amended, modified, varied or revised from time to time without any prior notice to you, and your continued use of our Site following any such changes constitutes your agreement to be bound by our amended Terms of Use which is accessible at all times, and should be accessed by you regularly, at (https://www.theopenhouse.sg/terms-of-use-the-open-house-sg)
2. Our Site Content
2.1 No information on our Site, our Site’s associated blog, forum, loan assessment analyzer, interest rate indicator, loan calculator and/or any other applications (collectively “Platform”), or our newsletters, marketing materials, promotional updates or other email updates (collectively, our "Updates") which you may have viewed, subscribed to or downloaded via our Site, constitutes financial advice, investment advice, legal advice or any other form of advice for which a license to provide such advice may be required under applicable law.
2.2 The content on our Site, Platform and Updates are meant to provide information regarding our Brand, our services, our experience in assisting customers to buy and sell properties, procure loans, as well as general knowledge on real estate, property information, developer promotions, loans, interest rates and other related matters. The aforesaid information may be dependent on their provision by third parties such as property developers and financial institutions, however, our Site may not be updated concurrently with the changes implemented by the aforesaid third parties. Accordingly, in the event that you wish to obtain more specific and updated information in relation to such property developers, their promotions and financial institutions, their loan guidelines, interest rates and other matters, please either email us at hello@theopenhouse.sg, contact the third parties directly and/or check their websites. Neither our Site, nor our Platform, nor our Updates, is intended to be a substitute for any financial advice nor any representations by any financial institutions or any licensed financial planners, and you should seek specific professional financial advice on any financial subject-matter for which you require specific input.
2.3 Reports or results generated by our Apps (defined in Clause 2.6 below), and any general knowledge, opinions, FAQs and answers expressed on our Site, our Platform and our Updates constitutes the sole discretionary opinion of our Brand, and where applicable, third party writers, reviewers, individual contributors from the public, and consultants whose names shall be published along with such tips and/or opinions only, and does not represent the opinion of any MAS-licensed financial advisors or financial institutions (unless otherwise stated).
2.4 Any information on our Site and Platform regarding any properties or loans are based on information made available by the property developers (“Property Developers”), lending financial institutions (“Financial Institutions”), and as such the information may be amended at any time in the sole discretion of the Property Developers and Financial Institutions without any prior notice to our Brand. Our Brand therefore provides no warranties on the accuracy, correctness or updated-ness of such information. For the avoidance of doubt, neither our Site nor our Brand are agents of the Property Developers or Financial Institutions, and as such, unless otherwise conveyed to you in writing, our Brand has no authority to make any representations on behalf of any Property Developers or Financial Institutions (whether in relation to your purchase eligibility for a property, for a mortgage loan eligibility or otherwise), nor to bind any of the Financial Institutions in any contract to you.
2.5 All materials and information displayed on our Site, our Updates and/or our Platform is for your general knowledge and personal edification only. The statements on our Site, our Platform, and Updates describing the various types of properties, guidelines for purchasing or selling a property, loans, guidelines for obtaining a loan, interest rates, benefits of one type of property or loan versus another, any information about any Property Developers, Financial Institutions and other related information have not been assessed or evaluated by the Monetary Authority of Singapore (“MAS”), Council of Estate Agencies (“CEA”), Property Developers or any of the Financial Institutions.
2.6 The effectiveness or results of using any loan analyzer, loan repayment calculators, interest rate calculators, and other applications on our Site (collectively, our “Apps”) is not a guarantee by our Brand that the results of your loan applications and/or terms and conditions of your loan will mirror the results derived from our Apps. In addition, results derived from our Apps may not necessarily equate to a successful loan application or interest rates as per our Apps or the actual materialization of any results or reports derived via our Apps. Our Apps are not intended to provide any definitive financial planning, budgeting, review or assessment of your personal or corporate finances, and you should therefore not rely solely on the results of your use of our Apps nor is our Brand bound to you legally or contractually due to your use of our Apps or your reliance on the results generated by our Apps.
2.7 Reviews of our services, our Apps, our Site and other matters related to our Brand posted by individuals or third party companies on our Site and our Platform are the personal views of such individuals or third party companies, and does not represent the view of the Brand, nor any implied endorsement or recommendation by the Brand. Such reviews are also not to be deemed as any warranty, express or implied, of the effectiveness or results of the reviewed services or Apps. For the avoidance of doubt, the result of any property purchases, property selling, loan applications will vary from individual to individual and company to company.
3. Intellectual Property
3.1 All content, including any write-ups, diagrams, charts, layout, photographs and drawings, as displayed on our Site, our Platform and in our Updates are protected by copyright, design registrations, trade mark registrations and/or other intellectual property rights (whether owned by the Brand or licensed to the Brand). You agree therefore that without our Brand's prior written consent, you are not permitted to reproduce, copy, download, extract, store, distribute, sell, modify or create derivative works from, any part of the content found on our Site, our Platform or in our Updates. We reserve our rights to take legal action against you for any such unauthorized use of our content.
3.2 All company names (including our Brand's name and the company names of the Property Developers and Financial Institutions), logos, trademarks, service marks, brands (collectively the "Branding") represented on our Site, our Platform and in our Updates belong to our Brand or to third parties who have agreed (or permitted our Brand) to display their Branding on our Site, our Platform and in our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Brand.
4. Third Party Sites and Browsing Experience
4.1 Please note that we do not control any links, services, content, products or resources provided by other third parties referenced or linked to our Site, our Platform, or in our Updates, even if such third party’s website may be co-branded with ours by bearing our Brand logo or name. We seek your understanding that we are unable to control or influence any third parties' actions even if their websites are hyperlinked on our Site, our Platform, or in our Updates. Accordingly, should you decide to use or access such third parties’ websites, all use and access are at your sole risk and subject to the terms and conditions of use of such third parties’ websites. If you have any query on the terms and conditions of use of such third parties’ websites or their services or products, please contact the third parties directly.
4.2 You agree that our Brand may employ cookies, action tags or other legal technological means to record your anonymized accessing of our Site for the purpose of providing better services and enhancing your browsing experience.
5. Minors
5.1 Our Site, our Platform, our Updates and our Apps are not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Brand to determine whether any user of our Site is a minor. If you are a minor, please discontinue the use of our Site immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site.
6. Feedback
6.1 In the event that you provide us with any feedback and comments, whether via email to our Brand or posting on our Platform, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you (“Feedback”) shall become and remain the property of our Brand. Our Brand shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign all ownership (including but not limited to copyright) in the Feedback to our Brand once you submit your Feedback to our Brand, and you further agree to waive all moral rights over your Feedback once submitted to the Brand.
6.2 Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libelous, scandalous, defamatory, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, our Platform, our Updates or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Brand for all losses and costs suffered or incurred by our Brand due to your Feedback, including but not limited to third party claims, legal fees, settlement amounts, fines, penalties, and law enforcement actions.
7. Disclaimers and Limitation of Liability
7.1 While we have exercised due care in the preparation of all content displayed on our Site, our Platform and in our Updates, such content, applications, financial tools, information and materials are provided “AS IS”, “WITH ALL FAULTS" and "AS AVAILABLE”.
7.2 YOUR USE OF OUR SITE, OUR PLATFORM, OUR UPDATES AND OUR APPS IS AT YOUR OWN DISCRETION AND RISK. OUR BRAND MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE) OR RELIABILITY OF OUR SITE, OUR PLATFORM, OUR UPDATES OR OUR APPS, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
7.3 IN NO CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED AT LAW, SHALL OUR BRAND NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, LOSS, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, LOST DATA OR COST OF SERVICING OR REPAIR OF COMPUTER OR OTHER EQUIPMENT, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, HOWSOEVER ARISING OR SUFFERED AS A RESULT OF ANY USE (OR INABILITY TO USE) OF OUR SITE, OUR APPS, OUR PLATFORM, OR OUR UPDATES (OR OUR BRAND'S BREACH OF ANY PROVISION HEREIN THIS TERMS OF USE OR PRIVACY POLICY) WHETHER DUE TO VIRUSES OR THIRD PARTY HACKERS OR OTHERWISE, OR ANY RELIANCE ON OR USE OF THE INFORMATION, CONTENT, THIRD PARTY LINKS, THE PRODUCTS OR SERVICES INTRODUCED OR DESCRIBED HEREIN OUR SITE, OUR PLATFORM, OUR APP, OR OUR UPDATES EVEN IF OUR BRAND HAS BEEN ADVISED OF SUCH USE OR RELIANCE IN ADVANCE.
7.4 Our Brand further disclaims any and all liability for any losses or damages that you may incur as a direct result of using or accessing our Site, our Platform or Updates, including but not limited to any virus, trojan horse or worm attacks on your computer.
7.5 In the event that our Brand’s liability to you in relation to our Site, our Platform and/or Updates cannot be fully disclaimed, you agree that our Brand’s total liability to you shall not exceed S$100.
8. Indemnification
8.1 You agree to indemnify and hold our Brand and its shareholders, directors, officers, employees, representatives and agents harmless from and against any and all claims, damages, costs and expenses, including legal fees on a full indemnity basis arising from or related to your breach of any of the provisions herein this Terms of Use, your use of our Site, our Platform and/or our Updates.
9. Governing Law and Jurisdiction
9.1 Our Terms of Use and accordingly your agreement thereto shall be governed by and construed in accordance with the laws of the Republic of Singapore, without reference to any conflict-of-law principles.
9.2 In the event of any disputes arising from this Terms of Use, your agreement thereto, and/or your use of our Site, you must first contact our Brand’s officer at hello@theopenhouse.sg regarding your dispute, and use your best endeavours to amicably settle any dispute in good faith. We on our part will also use our best endeavours to amicably settle your concerns in good faith. However, if no amicable resolution is reached within 30 days, both parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.
10. Miscellaneous
10.1 If any provision or clause of our Terms of Use or part thereof is rendered void, illegal or unenforceable by any legislation or laws to which it is subject, it shall modified so as to give effect to its intention, or where such modification is not possible, that provision or clause shall be rendered void, illegal or unenforceable to that extent only and it shall in no way affect or prejudice the enforceability of the remainder of such provision or clause or the other provisions of these Terms.
10.2 The failure or delay of our Brand at any time to enforce any of its rights hereunder this Terms of Use shall not be constituted as a waiver thereof and shall in no manner affect our Brand's rights at a later time to enforce the same.
10.3 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms.