1. Xpressor/Xpressor.net is a “software” created by Media Publishing Group Pte Ltd (“MPG”) for real estate salesperson to undertake posting and reposting of property listings to multiple online property platforms/target sites (“Services”).
2. MPG agrees to provide the Services to you for a fee, and by paying the fee and using the Services, you agree to the terms and conditions herein, and will continue to be bound by them until your engagement of MPG has been terminated.
3. MPG reserves the absolute right to amend the terms herein, and the amended terms will be automatically applicable to your use of the Services. MPG is only required to notify you of such amendments via email.
B. Your content
4. You are solely responsible for any and all contents and any transactions or other activities conducted on or through the Services (“ Content”). You represent and warrant that (a) you have all the necessary rights to post or distribute such Content, and the use of the Content does not infringe or violate the rights of any third party.
5. MPG is not responsible to vet through, investigate and satisfy itself of the accuracy, correctness and legality of the Content and will not therefore be liable or responsible for the Content provided pursuant to the Services. MPG has the sole discretion to take corrective action with regards to Content which violates the Terms herein. MPG shall have no liability arising from any such corrective action taken.
6. In the event of a claim or threatened claim resulting from your usage of the Services, you agree to fully indemnify MPG for all costs and expenses should the claim or threatened claim resulted from your direct action or omission.
7. You may not use the Services in any manner that is unacceptable including usage which violates any applicable law or regulation; affects MPG’s reputation and goodwill, products, services, or software infrastructure; expose MPG to civil or criminal liability or prosecution; or over posting your same listings to platform on an hourly basis.
8. MPG has the absolute right to add, remove or modify any of your Content from any target sites without prior notice to you.
C. Account activities and target sites
9. You are solely responsible for the security, and all actions taken under your account with MPG (“Your Account”).
10. The provision of your username and password for the target sites to MPG constitutes clear and express consent and permission for MOG to use the information for the performance of the Services.
11. MPG will not be liable in any manner whatsoever for any breach of security of Your Account, or breach of your accounts with the target sites.
12. You are solely responsible to abide by and follow the rules and regulations of the target sites.
13. All target sites will make changes to their web algorithm/coding from time to time and this may affect the Services. MPG will require time of 7 to 14 working days to rectify and troubleshoot to enable the Services to be resumed for that particular target sites. MPG shall not be liable in any manner whatsoever for the delays or inability to provide the Services in such an event.
D. Limitation of liability
14. MPG makes no warranties of any kind for the Services, and the potential returns in terms of leads and opportunities from the usage of the Services.
15. MPG disclaims any and all liability resulting from loss of data, inaccurate or wrongful posting, leaking of Content to other parties, and any and all interruptions to the Services, downtime and outage, caused by any party BUT not due to the direct action of MPG.
16. Notwithstanding anything to the contrary contained herein, MPG’s liability to you for any cause whatsoever, shall be limited to the annual subscription paid by you.
E. Duration and termination
17. MPG or you may terminate MPG’s engagement in the event of breach of the terms herein by any of the parties.
18. MPG and you may also terminate MPG’s engagement by giving 7 days notice.
19. The subscription fee paid by you shall not be refunded upon termination.
20. Upon termination, you are solely responsible to take the necessary changes to your login information for your target sites. MPG will use its best endeavours to cease access to any target sites previously accessed by MPG to perform the Services.
F. Governing law and dispute resolution
21. Any matter, issue, controversy or claim arising out of or relating to this Agreement, shall be governed by the law of the Republic of Singapore.
22. Any dispute arising out of or in connection to this Agreement shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance to the Arbitration Rules of the SIAC for the time being in force.