TERMS APPLICABLE TO ALL PURCHASES
- By purchasing any product or service, (each referred to as the “Product”) from M2S.Asia Networking & Communications Pte Ltd (“M2S”), you conclude a legally binding agreement with M2S.
- You accept without limitation or qualification these Terms of Purchase (including Section of the Terms of Purchase and such other applicable section) and the Additional Terms. The Additional Terms shall be incorporated in these Terms of Purchase by reference, and shall collectively be referred to as the “Purchasing Terms”
- In the event of any inconsistency between the Terms of Purchase and the Additional Terms, unless stated otherwise in writing, the provisions of the Terms of Purchase shall prevail.
- You agree that M2S may modify the Purchasing Terms at any time without liability and without notice to you. The modified Purchasing Terms will be posted on the Website (http://www.vtours.asia/terms-conditions/terms-of-purchase/) and will come into effect 10 days after such posting. You are advised to check for updates to the Purchasing Terms regularly, prior to using any Products, or entering into any transaction, on the Website or with M2S.
- You understand that you must, at your own cost, provide telecommunication services, computers and other equipment or services necessary to access any of the Products. You must comply with all the rules and regulations that apply to the means that you have used to access the Products (e.g. Internet access).
Except where the context otherwise requires:
- “Advertisement” shall mean an advertisement placed by you through M2S on an offline medium including but not limited to an offline Newsletter;
- “vTour” shall mean a virtual tour of a specific real estate created by M2S and contractually offered to you for a limited time of twelve (12) months for advertising purposes on an online medium including but not limited to the Website;
- “Newsletter(s)” shall mean any newsletter that M2S may make available through any online or offline medium from time to time, including without limitation,
- “Use Policy” shall mean http://www.vtours.asia/terms-conditions/use-policy/;
- “Terms of Service” shall mean http://www.vtours.asia/terms-conditions/privacy-policy/;
- “Website” shall mean http://www.vtours.asia and its subsidiary web pages; and
- “You” or “Your” shall mean the entity entering into the Purchasing Terms with M2S.
3. Purchase of Product Package
- In the event that you have purchased any Product package (including a vTour Package) (“Package”) from M2S, you understand that, unless otherwise specified by M2S in writing, such Package is valid for 12 months from its date of purchase (the “Validity Period”).
- Each Package shall entitle you to specified types and quantities of services from M2S.
- In the event that at the expiry of the Validity Period, you have not fully utilised the Package that you have purchased, M2S shall, unless otherwise specified in writing, forfeit the unutilised part of such Package without notice to you. You shall not be entitled to any compensation from M2S as a result of such forfeiture.
- If you decide to purchase another Package after the expiry of your previous Package, you understand that any unutilised part of your previous Package shall not be carried over to your newly purchased Package.
- No Package may be swapped for another Package during the Validity Period of the first-mentioned Package.
- All Packages should be purchased either through the Website, or via an authorised sales agent of M2S.
- M2S may grant you access to an Agent Account for the purposes of managing the Products to which you are entitled to under the Package. You understand that all use of the Agent Account shall be subject to Sections AGENT ACCESS.
4. Price Revisions
- M2S reserves the right to revise the price of any of its Products and Packages at any time.
- The revised price will be published on the Website.
- You shall not be subject to the revised price if the revision occurs during the term of your existing Package. The revised pricing shall apply when you subscribe for a new Package, or when you renew an existing Package after its Validity Period.
5. Appointment booking and cancellation
- The earliest bookable slot for the next available appointment will be in five hours onwards; as example means at 01:00 pm the next bookable slot will be at 06:00 pm if available within business hours.
- Once an appointment is booked, the contract is considered fix and the imposed charges as stated in the booking confirmation will be due with immediate effect.
- Cancellation can only be requested no later than 24 hours before the appointment. For cancellations less than 24 hours before the actual appointment, 50% of the base package price (exclusive of Extras) will be charged.
- Cancellation can only be done via the link provided in the booking confirmation email and will only be accepted once confirmed by M2S in writing (email).
- You will pay to M2S all fees incurred in connection with the purchase of a Product or Package (the “Purchase”) through a payment method made available by M2S from time to time. You acknowledge that you are solely responsible for any payment method that you have chosen.
- If you have been issued with a sales order or e-mail confirmation with respect to your Purchase, you shall adhere to the payment method, and payment due date, as set out in such sales order or e-mail confirmation.
- If you are paying via cheque, you understand that M2S is not responsible for any loss of or damage to the cheque en-route to M2S. You shall be liable to pay to M2S such administrative fees stipulated by M2S if the cheque bounces.
- In the event that you have made the Purchase from an authorised sales agent of M2S, please ensure that the agent has issued you with an invoice upon making the necessary payment. M2S shall not have the obligation to entertain any claims that are not supported by an invoice.
- Late payment shall bear interest at an annual rate of 6% above the average prime lending rate of DBS Bank Ltd, or the highest rate permitted by law, from the due date until it is paid in full.
- All fees are exclusive of tax. You shall pay all taxes, duties or levies in respect of the Purchase.
- In the event that you fail to make payment of any fees due under the Purchasing Terms, you understand that M2S shall be entitled to take such steps against you to recover any fees owed to M2S. You agree to indemnify M2S of all costs and expenses, including legal fees, which M2S may reasonably incur in the taking of such steps.
- M2S may, from time to time, issue to you credits (e.g. virtual tour (vTour) credits or other credits) that may be used to offset the fees payable for a certain Purchase. You will be notified in writing of the types of Products/Packages for which the credits may be used. You understand that unless otherwise stated, all credits that are issued by M2S shall be valid for 12 months from the date on which the credit is issued. Any credits that have not been utilised within this 12 month period shall be forfeited by M2S without notice to you. You shall not be entitled to any compensation from M2S as a result of such forfeiture. You understand that forfeited credits will not be carried over to any subsequent credit that may be issued to you by M2S or purchased by you from M2S.
7. Refund Policy
- Unless otherwise specified herein, there shall be no refund of any fees paid.
- In the event of a refund, such refund shall be paid by bank transfer to the bank account that you have provided.
- Please ensure that all information that you have provided for the purposes of obtaining a refund is true, accurate, and current.
- You agree that M2S’ obligation to make a refund is fulfilled at the point of transfer of the refunded sum to the bank account that you have provided. In the event that the refund is made by way of cheque, M2S’ obligation to you is fulfilled when the cheque is mailed to you. Unless otherwise specified in writing, the cheque will be mailed to you via normal post. In the event that you request for the cheque to be mailed to you via registered post or courier, you agree to M2S deducting from the refund such amount necessary for the cost of mailing the cheque to you using your desired method of postage.
8. Intellectual Property Rights
M2S reserves all intellectual property rights to any content and Product that it provides to you, including the vTours, Website and the Newsletter, including copyright and trade mark rights. All other names, products and marks mentioned are the intellectual property rights of their respective owners. Nothing in this Agreement shall be construed or deemed as granting or providing to you any right, license, interest or permission to deal with any intellectual property of M2S in any way including, without limiting the generality of the foregoing, the right to copy, transfer, publish, store, create derivative works or use the same, and the right to use any of M2S’ trade marks or trade names in an unauthorised manner.
9. Indemnities and Limitations of Liability
- You agree, at your own expense, to indemnify, defend and hold harmless M2S, and its subsidiaries, affiliates, officers, agents or other partners, and employees, against any claim or demand, including attorneys’ fees, made by any third party due to or arising out of:
- the publication of your Advertisement/Listing;
- the content of your Advertisement/Listing;
- any material, product or service of provided by you, to which members of the public (including users of the Website and Services) can access through your Advertisement/Listing (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices); and/or
- your violation of the Purchasing Terms.
- Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within 2 years after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
- In no event shall M2S’ aggregate liability for any claims under or pursuant to the Purchasing Terms exceed the aggregate fees actually paid by you for the preceding 12 month period at the point in time when the claim(s) is/are made against M2S.
- You expressly understand and agree that:
- your use of any Product is at your own risk. Such Product is provided by M2S on an “as is” basis. M2S expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than any warranty the exclusive of which is not in accordance with applicable laws;
- M2S makes no warranty that:
- its services will meet your requirements;
- its services will be uninterrupted, timely, secure and error-free;
- its services will be accessible at any time or at all times via the channel selected or used by you;
- the quality of any services, information or other material purchased or obtained by you through its services will meet your expectations; and
- any errors in the services will be corrected.
- For the avoidance of doubt, no advice or information, whether oral or written, obtained by you from M2S or its employees, agents or through or from the services shall create any warranty not expressly stated in the Purchasing Terms.
11. Use of Personal Information
- You acknowledge that M2S may collect your personal information. Such information includes without limitation your name, photograph, email address, telephone number and address.
- M2S shall comply with applicable data protection laws (if any) in the collection, use, disclosure and retention of personal information.
- You agree that even after the completion of any transaction between you and M2S, M2S is entitled to use your personal information for the purposes of publicising M2S’ and its partners’ and affiliates’ products and services to you or contacting you to obtain feedback.
- M2S may terminate the Purchasing Terms without prior notice. Cause for such termination shall include without limitation:
- you being declared insolvent or bankrupt;
- failure to make any payment that is due under the Purchasing Terms;
- request by law enforcement or other government agencies;
- failure to comply with the Purchasing Terms
- infringement of intellectual property rights of others;
- discontinuance or material modification to the services of the Website or part thereof; or
- unexpected technical or security issues or problems.
- You further understand that a termination of the Purchasing Terms shall result in a termination of your access to the Product that you have purchased. M2S shall be under no obligation to refund you the whole or any part of any fees paid by you in advance. In addition, you are not entitled to any compensation or indemnity, whether for loss of distribution rights, goodwill or otherwise, as a result of the termination of the Purchasing Terms in accordance with its terms.
- Termination of the Purchasing Terms shall be without prejudice to any other rights or remedies M2S may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
- The Purchasing Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
- The failure of M2S to exercise or enforce any right or provision of the Purchasing Terms shall not constitute a waiver of such right or provision. If any provision of the Purchasing Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Purchasing Terms remain in full force and effect.
14. Contact us
Unless otherwise stated herein, all notifications to M2S pursuant to the Purchasing Terms shall be sent via e-mail to email@example.com.
VIRTUAL TOURS (vTours)
- M2S owns all intellectual property rights and copyrights of the vTours produced by M2S.
- By purchasing a vTour, M2S grants you a non-exclusive and revocable license to use the vTour for the duration of 12 (twelve) months for the purpose of advertising on any website or portal of your choice;
- vTours may be obtained through any of the following methods:
- purchasing a vTour Package;
- promotional give-aways; or
- any other method that M2S may prescribe from time to time.
- M2S reserves the right to revise any fees payable for a vTour credit Package from time to time.
- You represent and warrant that you will not:
- use the vTour for any purpose, activity, or in any manner, that is criminal, illegal or actionable;
- conceal or remove any trademarks, intellectual property rights, or rights management notices that has been placed by M2S on the vTour;
- engage in any commercial sale of the vTour; and
- all uses of the floor plan shall be in adherence to the Use Policy.
- By purchasing the vTour and placing the order for the production of the vTour, you confirm that you have the consent of the legal owner(s) and occupier(s) of the property to:
- grant access to the premises to M2S and its affiliates, employees, agents, contractors, directors, officers and third party providers on the date and time of the agreed appointment;
- give permission to take the required photographs;
- give permission to publish the vTour.
- M2S shall not, in any event, be liable for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting or arising directly or indirectly from your use of the vTour provided.
You shall indemnify and hold harmless M2S and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content, including but not limited to the publication of the Content.
- M2S is offering to buy the “Payback Option” as an “Extra” to the “vTours Individual” package at the price of SGD 10.00.
This option gives you the opportunity to claim back the paid amount for your “vTours Individual” package if you were not able to close the real estate deal and finalize the real estate transaction for your client (sell or rent out) and therefore don’t receive any commission from your client.
- In order to claim the paid amount for the purchased “vTours Individual” package, M2S is required to receive the “Payback Claim Form” (provided with your vTours package) duly and completely filled out within the claim period. The “Payback Claim Form” has to be submitted via email to the following email address: firstname.lastname@example.org
It is required that the owner (Real Estate Salesperson’s client/ customer) confirms in writing, that no Real Estate Transaction has been performed and therefore no commission has been or will be paid to the Real Estate Salesperson.
M2S reserves the right to reject “Payback Claim Forms” which are incorrect, incomplete or received outside the claiming period.
- The “Payback Claim Period” is up to 3 months after one month of the initial invoice date. Claims within the first month or after the fourth month based on the invoice date are not eligible and will be rejected.
- The claimed amount will be paid within 5 working days after internal approval via cheque or direct bank transfer only.
- The amount of SGD 10.00 for the “Payback Option” Extra will be withheld as service fee.
- Once the “Payback Option” has been executed, the virtual tour will be set offline and won’t be available for usage instantly.
- M2S reserves the right to cancel the “Payback Option” at any time without further notice.
- Section Newsletter Subscription shall apply to all subscriptions to Newsletters that M2S may publish from time to time.
- Please ensure that all personal information that has been provided in the subscription of the Newsletter is true, accurate and current. M2S is not liable for your failure to receive the Newsletter if such failure of receipt is due to an error in the personal information that you have provided.
- In the event that you have subscribed for an online Newsletter, you shall be responsible for ensuring that the Newsletter gets to your inbox, for example, by adding emails from M2S to a “safe” list.
- In the event of a change in your personal information, please notify M2S of such change through such methods specified by M2S as soon as possible, to ensure that you do not experience a disruption in your receipt of the Newsletter. All changes to personal information shall take effect within 5 business days from the date on which M2S is notified. M2S is not liable for your failure to receive the Newsletter prior to the date on which the change to your personal information takes effect.
- This Section Agent Access shall apply to all Agent Accounts (for the purposes of this Section Agent Access, the “Agent Account”).
- The Agent Account may only be accessed by one user at a time.
- The Agent Account may be transferred to another user (the “Transferred User”) during the Validity Period of the Package to which it is associated. You may notify M2S of such transfer via such communication methods prescribed by M2S. Please ensure that you have provided M2S with true, accurate and current particulars of the Transferred User in order for M2S to effect the transfer. You understand that if inaccurate, incorrect or insufficient information about the Transferred User has been provided, M2S reserves the right not to effect the transfer of the Account.
- You acknowledge that you are fully responsible for:
- maintaining the confidentiality of your password; and
- all activities that occur under your Agent Account.
- M2S reserves the right to access your Agent Account for moderation and/or investigation purposes at its sole discretion, without giving prior notice to you.
- Your Agent Account will only be activated when the Package that you have purchased has been fully paid for, and such payment has been verified by M2S.
- You understand that the Portal may, from time to time, be undergoing maintenance and/or servicing. During such period, the Portal and consequently, the Agent Account, will be inaccessible.
- All activities occurring under your Agent Account must be in compliance with the Use Policy and with all applicable laws, rules and regulations.
- M2S reserves the right to delete any Listing in your Agent Account that appears to be a test posting, recruitment, false, or otherwise insincere or non-serious Listing, without notice to you.
- M2S may, under certain circumstances and without prior notice to you, at its sole discretion, immediately terminate, or suspend for such period as M2S may determine, your Agent Account and access to the Products that you have purchased. Cause for termination and suspension shall include without limitation:
- breaches or violations of the Purchasing Terms;
- request by law enforcement or other government agencies;
- self-initiated Agent Account deletions;
- infringement of intellectual property rights of others;
- discontinuance or material modification to the services of the Portal or part thereof;
- unexpected technical or security issues or problem; or
- extended periods of inactivity.
- Termination or suspension of your Agent Account shall result in:
- removal of access to and barring of further use of all offerings of the Portal and the Products;
- forfeiture of all unutilised parts of the Package that you have purchased; and
- deletion of your password and all Agent Account related information, files, and content associated with or inside your Agent Account (or part thereof).
- Termination of your Agent Account shall be without prejudice to any other rights or remedies M2S may be entitled to under the Purchasing Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.