Terms of Service

Definitions

Company or references to we, us or our means EASYNEST PTE. LTD. UEN No. 202424584D and includes the Company’s officers employees agents and contractors
Customer means a Landlord or Property owner or any person who has registered online with the Site for the Services to market Premises for rental or co-living
Day week month or year mean a calendar day week month or year respectively
Discretion means sole absolute and unfettered discretion
Dollar or $ mean the Singapore Dollar (SGD$)
Listing means any Premises advertised on the Site which includes key information about the rental property including the price, location, descriptions
Premises means and includes any real property location or venue offered or marketed for rent or co-living on or through the Site and includes or any other location or venue where we conduct business or provide services,
Site means and includes the website or platform known as HOMEGLOBAL.CO or a website or platform by any other name owned and/or operated by the Company from time to time
Services means all real estate rental services including browse, post, import, upload, and manage Listings, communicate with potential Tenant including responding to their queries using the messaging system, electronically sign the tenancy agreement, and receive Deposit and Rent payment from potential Tenant; physical inspection of Premises and Tenant and handover of Premises to Tenant
Submissions means and includes any information, data, and materials uploaded created, used, or published by the Customer and/or User on the Site.
Tenant means person seeking real estate rentals through the Site
User means a Tenant or any person, not being a Customer, who has access to , views or uses the Site or its Services
Words importing the singular or male gender shall where the context so admits import the plural or female or neuter gender

1. Access and Use of Website and Services

1.1 Please read these terms and conditions very carefully before accessing and using our Website, and Services. You acknowledge and agree that by accessing or using our Site and Services, you confirm that you have read, understood, and you agree to be legally bound by this T&C as updated from time to time without notice to you.

1.2 By registering on our Website on behalf of or in the capacity of a representative or an agent of a body corporate or other business entity as Landlord you acknowledge and agree that the body corporate or the said business entity is legally bound by this T&C as our Customer. You warrant and represent that you have the required authority and the legal capacity to enter into this Agreement in the capacity of a representative or an agent of a company or an organisation. Company shall require suitable written documentation from you to confirm you are duly authorised by the said body corporate or business entity to contract on behalf of the Company

1.3 By registering on our Website in your personal capacity as a Landlord you acknowledge and agree that you are legally bound by this T&C as our Customer. You warrant and represent that (a)you are an adult aged twenty one years or older with mental capacity and not a bankrupt (b) You contract for yourself solely in your own name, not jointly with any other person nor as representative nominee or agent for or on behalf of any person.

1.4 Access and use of the Website, and the Services thereon is provided to you on condition that you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, please do not use or access the Website, and we will not be able to provide you the Services; or having provided Services, we shall terminate all Services immediately without notice to you.

1.5 If you have any questions about these terms and conditions, please contact us by using our contact information provided at the end of this document.

1.6 We reserve the right to change any or all of these terms and conditions at any time by deleting amending or publishing new terms or conditions on our Website. Such deletions amendments or new terms or conditions may take effect retroactively or with effect from any date specified by the Company at its discretion. Your access or use of our Website and/or Services constitutes your acceptance of those amended or new terms and conditions. Should you object to any of our terms and conditions, or other notices on our Website, your sole option is to immediately cease your access or use of our Website and/or Services.

2. Customer and User Account

2.1. In order to access certain Services provided on the Website, you as a Customer are required to create a Customer Account, or if you are a User, you may be required to create a User Account. To do so, you will need to provide us with certain information ("Account Information"). You agree that the Account Information you provide is true, accurate, current, and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Website, (if available). If you provide any information that is false, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that any information you provide is false, inaccurate, outdated, or incomplete, the Company, in its discretion, may suspend or terminate your Account and the Services and prevent you from using the Site and/or Services (or any portion thereof) in the future. In that event any monies paid by you will be non-refundable and forfeit by the Company

2.2. You are solely responsible for all usage or activity on your Customer or User Account including the use of your Customer or User Account by any person who uses your Account Information, with or without authorisation, or who has access to any computer on which your account resides or is accessible. You may not sub-license, transfer, sell or assign your Customer or User Account, your Account Information and/or this T&C to any third party without our prior written approval. Any attempt to do so will be null and void. If you have reason to believe that your Customer or User Account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your Account Information), you must promptly change the affected Customer or User Account Information by using the appropriate update mechanism on the Website. 3. The Site and Services

3.1 In consideration for the payment of Fees and Commission by Customers, the Company agrees to provide the Customer with the Services as listed on the Website and amended from time to time which shall include the following features and functionality:

3.1.1 Create property Listings on our Site;

3.1.2. Upload property information including a specified number of pictures of your property on our Website;

3.1.3.Communicate with Tenants and respond to their queries using the messaging system on our Website;

3.1.4. Complete the transaction by sharing and signing the standardised tenancy agreement electronically through our Website; and

3.1.5. Any other features and functionalities provided by us to the Customer from time to time.

3.2. Access to the Website and the Services may be granted to the Customer on a trial or 'free' basis (“Trial"). The Customer acknowledges and agrees that during the Trial, these terms and conditions shall apply, along with the following specific terms:

3.2.1 Access to the Services during the Trial will be provided at no cost to the Customer;

3.2.2.The access is solely for the purpose of offering the Customer a preview demonstration of the features and functionality of the Services; 3.2.3. The features and functionality of the Services during the Trial may be limited or restricted; and

3.2.4. The Company may withdraw or suspend the Customer’s access to the Services at any time during the Trial, and upon completion of the Trial, continued access to the Website and/or Services will be subject to the payment of Fees and Commission.

3.3. The Company reserves the right to, at its sole discretion, add, modify, suspend, or permanently discontinue any and all Services at any time, with notice or without notice to the Customer.

3.4. The Company shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime concerning the Services or the Website, the Company shall use reasonable efforts to notify the Customer in advance, to the extent that it is practicable.

4. Customer & User Obligations

4.1. The Customer and User shall at all times use the Services and the Website in accordance with the terms and conditions of this Agreement.

4.2. The Customer and User shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between the Customer and Tenants, and any other material of any format (“Submissions"):

4.2.1. comply with all applicable laws and legislations, and in particular, all applicable data protection and property leasing legislation;

4.2.2. do not infringe the Intellectual Property rights of the Company, and any third parties intellectual property rights including any other proprietary rights; and

4.2.3. shall not be offensive, illegal, or inappropriate in any manner; promote racism, bigotry, or physical harm, harass or advocate harassment; display pornographic or sexually explicit material; encourage abusive, threatening, obscene, defamatory, or libellous conduct; support illegal activities or provide instructional content on illegal activities; spread false or misleading information; promote contests, sweepstakes, or pyramid schemes without prior consent; exploit individuals in a sexual or violent manner; violate privacy rights; or transmit unsolicited communications such as junk mail, chain letters, or spam. 4.3. The Customer and User shall not, under any circumstances, use the Services and/or the Site to impersonate any other user or individual, and shall not use information obtained through the Services and/or the Website for purposes other than for the purpose of obtaining the Services. Additionally, the Customer shall refrain from any actions that may impair, interfere with, damage, or cause harm or distress to other users of the Services and/or the Website, to the network, or any third party.

4.4. The Customer and User shall maintain the confidentiality and security of all information, including, but not limited to, the Landlords and Tenants’ profiles, information shared between the Customer, the Company, and User during communications, and all other information disclosed by any party to the Customer User and Company in connection with the Services.

4.5. The Company assumes no responsibility to vet, verify, edit, or modify the accuracy, correctness, or completeness of any Submissons by the Customer and/or User on the Site. The Company does not assess whether such Submissions may result in liability to any third party. The Customer and User represents and warrants that they have the right to use all such Submissions or other information, data, and materials used by the Customer.

4.6. Notwithstanding clause 4.5 above, the Company reserves the right to refuse publication or to remove or edit any Submission, or any other information, data, and materials (in whole or in part), at any time, if the Company has reason to believe that the Customer’s use of the Services and/or the Website breaches any term or condition of this Agreement.

4.7. Company shall not be liable to Customer or User for any loss damage or expense arising directly or indirectly from any fraud or misrepresentation impersonation, omission or negligence in Submissions by Customer or User.

5. Customer interaction with Tenants

5.1. The Customer shall ensure that any Listing published on the Website provides sufficient information to enable the Tenant to make an informed decision regarding the rental property in question.

5.2. The Customer represents and warrants that information provided under clause 5.1 (above), and any other information provided to the Tenant in connection with the rental property is accurate, complete, and up-to-date. If any information in the Listing or any other information provided to the Tenant is found to be incorrect, incomplete, inaccurate, or outdated, the Customer must immediately take all necessary steps to rectify such information.

5.3. The Customer is solely responsible for utilising the Services and managing the recruitment process of the Tenant. This includes, but not limited to, conducting relevant background information of the Tenant, responding to Tenant’s queries, and any other communication, and managing all aspects of the rental process.

5.4.The Customer acknowledges and agrees that the Company has no control over, and shall not be held liable for the behaviour, responses, or actions or inactions of the Tenant including prior to, or following the completion of the rental transaction.

5.5 Company shall arrange with Tenant for physical inspection of Premises before handover as well as verification of Tenant’s identity and documentation.In the event the Tenant’s identity and documentation is not verified to the satisfaction of the Company at its discretion or the identity and documentation of the Tenant at the Premises is not identical to the identity and documentation submitted at registration online, Company may at its discretion cancel the entire transaction, remove the User from the Site and Services and forfeit the Deposit and Rental paid by the Tenant

6. Rent and Deposit Payments

6.1. The security deposit (“Deposit”) and the first month's rental (“Rent”) applicable for the tenancy arrangements between the Customer and the Tenant shall be received by the Company on behalf of the Customer. Such funds are required to be transferred by the Tenants via online banking to the Company’s bank account notified to the Customer.

6.2. Following the physical handover of the rental property by the Customer, and confirmation of the same from the Tenant, the Company shall transfer the aforementioned Deposit and the Rent (subject to deducting the Company’s Commission in accordance with clause 7 of this Agreement) to the Customer’s bank account via online banking.

6.3. The Parties agree to disclose their banking information to the other Party for the purpose of receiving and transferring the Deposit and Rent payments, and shall maintain confidentiality of such banking information shared in accordance with clause 13 of this Agreement.

6.4. The Parties further agree that all financial transactions contemplated in this T&C shall be conducted electronically via online banking.

7. Fees, and Commission Payments

7.1. The monthly subscription fees (“Fees”) shall be payable by the Customer to the Company on a monthly basis from the Commencement Date, and the Fees shall be automatically deducted on the first day of the billing cycle during the subscription period.

7.2. The Commission shall be on a fixed fee basis, or a percentage of the monthly Rent as agreed between the Customer and Company, and shall be deducted from the first month’s Rent received from the Tenant, and upon completion of the rental transaction. For avoidance of doubt, rental transaction is held to be completed following the physical handover of the rental property by the Customer, and confirmation of the same from the Tenant through the option set out on the Website.

8. No Fiduciary Relationship / Restriction on Legal Relationships

8.1. The Customer and User hereby acknowledges and agrees that the Company is not and shall not be construed as acting as a fiduciary of the Customer or the User, and shall have no fiduciary obligations including duties, responsibilities, and liabilities to the Customer, the User, or any other person by virtue of this T&C.

8.2. The Customer and User further acknowledges and agrees that the Company’s role is strictly that of a platform for the sole purpose of facilitating marketing by the Customer of property for rent , the meeting of Tenants and the receipt and transfer of Rent and Deposit payments at arms length, as set out in this T&C.

8.3. User agrees and understands that User has no legal contractual relationship whatsoever with the Company

8.4. Nothing in these terms and conditions is intended to, or shall be construed as establishing any association, partnership, joint venture, agency, employer/employee, or fiduciary relationship between User and Customer on the one part and the Company on the other part.

9. Limitation of Liability

9.1. Subject to clauses 9.2 and 9.3 of this T&C, the maximum aggregate liability of the Company and Site to a Customer or User for any one or more claims in aggregate arising from, or in connection with the provision of the Services or these terms and conditions in relation to a property or premises marketed on this Site, whether in contract, tort (including negligence), or otherwise, shall not exceed an amount equivalent to one (01) month’s rent for the property or premises in question.

9.2. To the extent permitted by law, the Company expressly excludes all conditions, warranties, and other terms, whether expressed or implied by statute or common law, and any liability for indirect or consequential losses, including, but not limited to, loss of profit, income, revenue, business, contracts, data, goodwill, reputation, expectation, opportunity, or inefficiencies such as loss of time and resources in management or office operations. This exclusion shall apply notwithstanding that such losses were foreseeable.

9.3. Nothing in these Terms shall limit or exclude the Company's liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation.

10. Indemnification

10.1 The Customer agrees to indemnify and hold harmless the Company, including its officers, directors, employees, agents, and representatives, from and against any and all losses, liabilities, costs, and expenses (including, but not limited to, legal fees and expenses) incurred by the Company as a direct or indirect result of, or in connection with the breach of any term or condition of this T&C by the Customer. This indemnity obligation extends to any claims, demands, or actions arising from such breaches and is intended to fully compensate the Company for all associated financial impacts and damages.

11. No Guarantees or Warranties

11.1. The Company provides no guarantee and makes no representations or warranties to the Customer of the likelihood or frequency of tenant acquisition resulting from the use of the Services. The Customer acknowledges and agrees that securing tenants is contingent upon various factors beyond the Company’s control, and the Company does not warrant or assure any specific outcomes or results related to tenant engagement or recruitment through the Services.

11.2. The Company provides no guarantee and makes no representations or warranties to the Customer in relation to the accuracy or veracity of any information or data furnished by Tenants or Users or the credit worthiness of Tenants or Users.

11.3 The Company relies on third-party service providers, including network providers, data centres, and telecommunications providers to deliver the Services and maintain the Website. While the Company undertakes all reasonable measures to ensure a high level of service, it does not guarantee that the Services or Website will be free from errors, bugs, faults or uninterrupted at all times. The Customer and User acknowledges and agrees the Company shall not be liable for any losses, damages, or disruptions that the Customer may experience as a result of delays, failures, or interruptions caused as a result of Company’s third-party service providers.

11.4The Company may display or provide links to, or interact with, third-party websites and advertising banners on the Website (“Third-Party Websites”). Additionally, the Services may offer the Customer the ability to connect, import, and publish Listings and other customer information through Third-Party Websites and other third-party services, such as social networking platforms and property portal sites. The use of any Third-Party Websites and services is at the Customer's own risk, and is subject to the terms and conditions of the respective Third-Party Website providers. The Company is not responsible for any losses, damages, or disruptions that may arise from the Customer's interaction with such Third-Party Websites and services.

11.5 Except as expressly provided in this Agreement, and to the maximum extent permitted by law, the Company expressly excludes all representations, warranties, obligations, and liabilities in connection with the Services and the Website. This includes, but is not limited to, warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, and fitness for a particular purpose. The Company also disclaims any warranties arising by statute, common law, or from course of dealing, course of performance, or usage of trade.

12. Intellectual Property Rights

12.1. Each Party shall retain all rights, title, and interest in and to its own intellectual property including, but not limited to, patents, copyrights, trademarks, trade secrets, and proprietary information (“Intellectual Property”). Except as expressly set forth in this Agreement, no licence, transfer or assignment of Intellectual Property rights shall occur as a result of this Agreement, and each Party shall retain all rights except to the extent expressly granted herein.

12.2 Each Party may use the Intellectual Property of the other Party only as necessary to provide the Services and to perform its obligations under this Agreement. The Parties shall not use or disclose the Intellectual Property of the other Party for any other purpose without the prior written consent of that Party.

12.3. Each Party agrees to protect the other Party’s Intellectual Property rights, and to notify the other Party promptly of any unauthorised use or infringement of such rights. Each Party agrees to cooperate in enforcing the Intellectual Property rights of the other Party, as necessary.

12.4. Each Party agrees to protect the other Party’s Intellectual Property rights, and to notify the other Party promptly of any unauthorised use or infringement of such rights. Each Party agrees to cooperate in enforcing the Intellectual Property rights of the other Party, as necessary

13.Confidential Information

13.1. The Parties agree to treat all non-public, proprietary, or confidential information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") as confidential. The Receiving Party shall use such Confidential Information solely for the purpose of fulfilling their obligations under this Agreement and shall protect such Confidential Information with the same degree of care as they would their own confidential information, but no less than a reasonable standard of care. Confidential Information shall not be disclosed to any third party without prior written consent from the Disclosing Party, except as required by law, or to employees, agents, or contractors strictly on need to know basis, and subject to similar confidentiality obligations. These confidentiality obligations shall continue to remain in force following the termination or expiration of this Agreement.

14. Data Protection and Privacy Policy

14.1. This is governed by the Company’s Privacy Policy. Customers and Users are deemed to have read understood and agreed to the Privacy Policy by their access to and use of the Site and its Services.

15. General

15.1. Amendments: Company may at its discretion amend delete or substitute this T&C or portions thereof at any time without prior notice to Customers and/or Users. Company shall at its discretion specify the effective date of such amendments which may take effect retrospectively.

15.2. Authority: The Parties hereto specifically agree and warrant that the signatories to this Agreement have the full right, power and authority to enter into this Agreement on behalf of the respective Parties hereto.

15.3. Dispute Resolution: Any matters that may arise, and are not expressly provided for in this Agreement shall be resolved by the Parties amicably, and in good faith, to achieve fair and equitable solutions, prior to initiating legal proceedings. The Parties agree that the dispute resolution procedure outlined herein do not limit their rights to seek injunctive or equitable relief to prevent irreparable harm, or to enforce Intellectual Property rights.

15.4. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to the subject matter of this Agreement, and supersedes and cancels any previous agreement, understanding or arrangement whether written or oral.

15.5. No Merger: The provisions of this Agreement, and anything done under, or in connection with, this Agreement shall not operate as a merger of any of the rights, powers or remedies of either Party under, or in connection with, this T&C or at law, and those rights, powers and remedies shall survive and continue in full force and effect to the extent that they are unfulfilled.

15.6. Notices & Legal Process: All notices required to be sent by the Company to the Customer or User shall be sent to the email address provided by the Customer and/or User when registering for the Site and Services. All legal process ( originating or otherwise and arbitration proceedings) shall be served on the Customer or User at the email address or via Whatsapp to the mobile telephone number, provided by the Customer or User when registering for he Site and Services. All notices required to be served by the the Customer or User to the Company shall be sent via registered mail to the Company’s registered office address. All legal process ( originating or otherwise and arbitration proceedings) shall be served on the Company by hand at its registered office address.

15.7. Governing Law and Jurisdiction: This T&C shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any claims or causes of action by any Customer or User against the Company shall be brought by way of arbitration at Singapore International Arbitration Centre (hereinafter referred to as SIAC) pursuant to the provisions of the Singapore International Arbitration Act and the Rules thereof for the time being in force The seat of arbitration shall be Singapore and the governing law shall be Singapore law. The arbitration shall be conducted in the English language. One (1) arbitrator shall be mutually agreed upon by the user and the Company to hear the arbitration proceedings. The arbitration proceedings and outcome shall be kept strictly private and confidential. The decision of the Arbitrator shall be final and binding on all parties and non-appealable.

15.8. Severance: In the event that any clause or part thereof in this T&C becomes void or unenforceable or inoperative as a matter of law or for any other reason, the remaining clauses of these presents shall continue in full force and effect.

15.9. Survival: The provisions of clauses 7 (Fees, and Commission Payments), 8 (No Fiduciary Relationship), 9 (Limitation of Liability), 10 (Indemnification), 12 (Intellectual Property Rights), 13 (Confidential Information), 14 (Data Protection and Privacy Policy), and 15 (General) shall constitute separate and independent covenants that’s shall survive the lapsing or termination of this T&C.

15.10. Termination and Effect of Termination: The Customer may terminate the Services at any time by cancelling the subscription on the Site; however, any Fees/ Commissions already paid by the Customer are non-refundable and any Commission accrued due for transactions completed are payable by the Customer. The Company reserves the right to suspend and/or terminate the Customer’s access to and use of the Site and/or the Services for any operational reasons (with or without prior notice to the Customer), or if the Company has any reason to believe that the Customer has breached any provision of these terms. Upon termination of this Agreement under this clause, the Customer will no longer be able to access or use the Services or the Website.

15.11. Transfer and Assignment: Customer and/or User shall not assign or otherwise transfer or assign any of its rights or interest under this T&C and any such attempted assignment or transfer shall be void and of no effect. Company at its discretion may assign or transfer any or all its rights or interest under this T&C without notice to Customer and/or User.

15.12. Waiver: No failure or delay by Company in exercising any right under this T&C, nor any indulgence granted by the Company, shall constitute as a waiver of the Company’s rights and remedies under this T&C. No single or partial exercise of a right by the Company will preclude any other or further exercise of any right under this T&C. A waiver must be express and in writing signed by the Company and limited strictly to the instance of waiver specified therein.