PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, WEBSITE, OR SERVICES PROVIDED FROM THE APP OR WEBSITE.
This document sets out the terms and Conditions (“Terms”) on which Ohmyhome Pte Ltd (UEN No.: 201525768E) of 11 Lorong 3 Toa Payoh #04-17 Jackson Square Singapore 319579 (“Ohmyhome”, “we” or “us”) operates and provides customers with access and use of the Ohmyhome mobile application software program (“App”) and the www.omh.sg website (“Website”). The term “you” refers to the user or viewer of the App and/or Website.
The App and Website are hereinafter collectively referred to as “OMH”.
KEY TERMS & DEFINITIONS
“Content” means text, graphics, images, music, software (excluding the App), audio, video, information, data, or other materials uploaded, downloaded or appearing on the Services.
“Guest” means a user who does not create an account with OMH and is not a Member.
“Home Owner” means a Member who creates a Listing via OMH.
“Listing” means descriptions of residential properties that are listed by a Home Owner as available for sale or rental via OMH.
“Member” means a user who completes the account registration process in accordance with Clause 6 below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, or includes in their Listing or Member profile to Ohmyhome or made available through OMH.
“Ohmyhome Content” means all Content that Ohmyhome makes available through OMH to Guests and Members including any content licensed from a third party, but excluding Member Content.
“Services” means the features available under the App and Website including browsing, posting, managing Listings and financial budgeting.
A reference to “person” shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, syndicate or other business enterprise, any governmental, administrative or regulatory authority or agency, and their respective successors, legal personal representatives and assigns, as the case may be, and pronouns shall have a similarly extended meaning.
1. ACCEPTANCE OF TERMS
1.2.If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the full capacity and authority to enter into this agreement on behalf of the company or other legal entity, and in such event, “you” and “your” will refer and apply to that company or other legal entity.
1.3.By using and accessing OMH, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information submitted via OMH may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.4.We may amend these Terms at any time and without prior notice or liability to you. Such amendments will be effective immediately and shall apply to any information you provide, or your use of the Services. Your use and access of OMH after the amendments to these Terms will constitute your acceptance to the terms and conditions, as modified.
1.5.OMH may contain links to other third-party websites. These websites are not under Ohmyhome’s control, and we are not responsible for and do not endorse their content or their privacy policies (if any). Your access and use of these third-party websites may constitute acceptance of their terms of service, which are exclusive to these Terms.
1.6.By accessing, downloading or using Google Maps in OMH, you agree to be bound by any applicable terms and conditions of Google Maps in connection with its use.
1.7.In the event that you access, download or use the App through any application, electronic store or database, you also agree to be bound by the terms of service of such application, electronic store or database.
2. CHANGES TO OUR SERVICES
2.1.The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice.
2.2.We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
2.3.We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.
3. ACCESSING OUR SERVICES
3.1.Our Services are made available free of charge.
3.2.We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
3.3.You are responsible for making all arrangements necessary for you to have access to our Services.
3.4.You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
4. GRANT AND SCOPE OF LICENSE IN RESPECT OF THE APP
4.1.In consideration of you agreeing to abide by the Terms and in respect of your use of the App, we grant you a non-transferable, non-exclusive license to download and install a copy of the App on each mobile device that you own or control and to run such copy of the App solely for your personal use.
4.2.Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable license to:
(i)access and view any Ohmyhome Content solely for your personal and non-commercial purposes and
(ii)access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
4.3.Except as expressly set out in the Terms or as permitted by any local law, you agree:
(i)not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(ii)not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(iii)not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i)is used only for the purpose of achieving inter-operability of the App with another software program;
(ii)is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii)is not used to create any software that is substantially similar to the App;
(iv)to exercise best endeavours to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(v)not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
(vi)to comply with all applicable laws and regulations relating to the technology used or supported by OMH (“Technology”) for the time being in force.
(Collectively, “License Restrictions”)
5. GENERAL USE RESTRICTIONS
5.1You agree that you shall not:
(i)use OMH or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(ii)infringe Ohmyhome’s intellectual property rights or those of any third party in relation to your use of OMH, including the submission of Member Content;
(iii)transmit any material that is threatening, infringing, defamatory, offensive, illegal or otherwise objectionable in relation to your use of OMH or any Service;
(iv)use OMH or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(v)collect or harvest any information or data from OMH or OMH’s systems or attempt to decipher any transmissions to or from the servers running OMH.
(Collectively, “User Restrictions”)
6.1. In order to access all of the Services and Member Content, you must register to create an account with Ohmyhome (“OMH Account”) to become a Member. A Guest may only access Ohmyhome Content and browse through the Listings but will not be able to contact Home Owners for viewings or post a Listing.
6.2. You are not allowed to set up multiple OMH Accounts. If we have reason to believe that you have done so, we reserve the right to take all steps in accordance with Clause 6.10.
6.3.In registering with Ohmyhome to become a Member, you represent, warrant and undertake that:
(i)you are at least 21 years of age;
(ii)you are using your real identity;
(iii)the information and personal particulars you have provided to Ohmyhome are true, accurate, complete, and current information; and
(iv)you will maintain and promptly update such information and personal particulars provided and ensure that such information is kept accurate, complete, and current.
6.4.Users below the age of 21 years are not eligible to use OMH or provide any information or personal particulars to OMH unsupervised. If you are below 21 years of age, you may use OMH and/or provide any information or personal particulars on OMH only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
6.5.In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of OMH, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your OMH Account.
6.6.You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Ohmyhome Pte Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
6.7.We have the right to disable any 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 Service.
6.8.You agree to notify us of any breach of security of your password at [email protected]
6.9.We do not verify the accuracy, correctness or completeness, or edit and modify any Member Content or any Content created, used, or submitted by you on OMH to determine whether it may result in any liability to any third party. You hereby warrant that you have the right to use all such Content and use of such Content does not infringe on any third party’s intellectual property rights.
(i)your particulars, including your full name, address, telephone number, and email address such that you may be contacted about your notice;
(ii)a description and particulars of the complaint; and
(iii)a signed statement that the above information is accurate.
6.11.Ohmyhome’s verification and security procedures do not constitute an endorsement, certification, or guarantee of any Member, Member’s Content, or Listing, including of the Member’s identity and whether the Member is trustworthy, safe, or suitable.
6.12.Any references in OMH to a Member or a Listing being “verified” only indicate that the Member has completed a relevant verification and security procedure.
6.13.We will not be liable for any loss or damages from your failure to comply with any obligations set out in this Clause 6.
7.WARRANTIES AND DISCLAIMERS
7.1.Please read this section carefully since it limits the liability of Ohmyhome Pte Ltd and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Ohmyhome Pte Ltd”). Each of the subsections below only applies up to the maximum extent permitted under applicable law.
7.2.Your use of OMH is at your sole risk. To the maximum extent permissible by law, we disclaim any and all warranties of any kind, whether express or implied in connection with OMH and the Services.
7.3.We make no warranty that:
(i)OMH and the Services will be fit for any particular purpose;
(ii)OMH and the Services will meet your requirements; or
(iii)the Listings will be accurate.
7.4.Access to OMH financial budgeting Services assume the accuracy of the user’s inputs and are provided on a general basis for information purposes. The calculators is for your convenience only and any person acting upon or in reliance of this information does so entirely at their own risk. No warranty whatsoever is given and no liability is accepted by the company behind this calculator for any loss arising directly or indirectly as a result of any action or omission made in reliance of any information presented herein at any time.
7.5.Access to OMH and the Services is reliant on third party service providers, including but not limited to network providers, data centers, software and software platform developers, web platforms and telecommunication providers. Ohmyhome makes no warranty that access to OMH will be uninterrupted, timely, secure, error-free, or available at any time or all times.
7.6.You are solely responsible for all your communications and interactions with other users of the Website, App or Services and with other persons with whom you communicate or interact as a result of your use of the Website, App or Services, including but not limited to any Members.
7.7.We do not endorse and are not responsible for any messages, views, opinions, research and recommendations of individuals, users and organizations of deemed interest or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion of any link to other third party websites and/or service providers imply any form of endorsement by us.
7.8.Our website may contain links to other sites (the “Linked Sites”). We are not responsible for the privacy policies or practices of such other Linked Sites. We encourage our users to be aware when leaving our website to read the privacy policies or statements of each Linked Site that collects your personal data. You agree to waive any claim against us with respect to the Linked Sites.
7.9.By making available any information and data on OMH, including facts, views, opinions, and recommendations of individuals and organizations of deemed interest, Ohmyhome is not giving or purporting to give or representing or holding themselves out as giving financial, tax, legal and otherwise professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
7.10.By using and accessing OMH, you acknowledge and agree that Ohmyhome Content may only be used for your personal use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction, or circulation to someone else in the same company or organization, and not for posting to other websites, forums, newsgroups, mailing lists, bulletin boards, or other services operated by other websites.
7.11.OMH is an online platform through which Home Owners create Listings for the sale or rental of their residential properties and Members may learn about and make enquiries directly with the Home Owner. You understand and agree that:
(i)Ohmyhome is not a party to any agreements entered into between the Home Owner and buyer or tenant;
(ii)Ohmyhome has no control over the conduct of other users of the App, Website, and Services and may only take steps pursuant to Clause 6.10 in its own discretion;
(iii)Ohmyhome has no control over the Listings; and
(iv)Ohmyhome disclaims all liability in this regard to the maximum extent permitted by law.
You agree and undertake to hold completely harmless and keep us and our affiliates, officers, agents or other partners, and employees (collectively, the “Indemnified Parties”), fully and effectively indemnified against any and all losses, costs, damages, claims, demands, actions, proceedings, liabilities and expenses whatsoever (including but not limited to all legal costs or attorney’s fees on a full indemnity basis) that may be made against or suffered or incurred by us or any of the Indemnified Parties arising out of or in connection with:
(i)your access to or use of the OMH, the Services, or Content;
(ii)your Member Content;
(iii)your interaction with any Member;
(iv)your creation of a Listing; and/or
(v)your violation of these Terms.
9. LIMITATION OF LIABILITY
9.1.You agree that notwithstanding anything in these Terms, we shall not be liable to you, in contract, tort (including negligence) or otherwise howsoever, and whatsoever the cause thereof for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use or access of OMH and the Services.
9.2.In no event, will Ohmyhome Pte Ltd be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
9.3.Your access to and use of our services is at your sole risk and is provided “AS IS”, “AS AVAILABLE”. The services are for your personal use only and the entities of Ohmyhome Pte Ltd makes no representation or warranty of any kind, expression or implied, including, without limitations, any warranties on merchantability or fitness for any particular purpose or non-infringement.
9.4.The entire liability or the entities of Ohmyhome Pte Ltd entities and your exclusive remedy with respect to the services or otherwise, is re-performance of defective services. In jurisdictions, which do not allow the exclusion of limitation of certain types of liability, our liability will be limited to the maximum extent permitted by the law. We do not endorse, warrant or guarantee any material, product or service offered through us or our services. We are not and will not be a party to any transactions between you and any third party.
9.5.In no event, shall the aggregate liability of the entities of Ohmyhome Pte Ltd exceed one hundred Singapore dollars. (S$100).
9.6.The Entities of Ohmyhome Pte Ltd shall not guarantee or assume any responsibility that:
(i)the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
(ii)the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
(iii)messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
(iv)access to the Services will be available or be uninterrupted;
(v)use of the Services will achieve any particular result; or
(vi)defects in the Services will be corrected.
9.7.Without limiting the generality of the foregoing, in no event will the Entities of Ohmyhome Pte Ltd be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if any of the Entities of Ohmyhome Pte Ltd has been advised of the possibility of such loss or damages.
9.8.You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.
9.9.Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Service or otherwise, you are advised to contact us at +65 6886 9009. No such lack of response shall be deemed to constitute any acquiescence or waiver.
9.10.The limitation of liability contained in these Terms of Service will apply to the fullest extent permitted by applicable laws.
10.INTELLECTUAL PROPERTY RIGHTS
10.1.You acknowledge that all intellectual property rights (“IP”) in OMH and the Technology anywhere in the world belong to Ohmyhome and their licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the OMH or the Technology other than the right to use each of them in accordance with the terms of these Terms.
10.2.You acknowledge that you have no right to have access to the App in source-code form.
10.3.You hereby grant to Ohmyhome and its affiliates a worldwide, irrevocable, non-exclusive, transferable license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content either on, though, by means of, to promote, or market OMH. Ohmyhome does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
10.4.Ohmyhome may invite you to submit reviews and/or testimonials in relation to the Ohmyhome Services provided. By providing such reviews and/or testimonials, you consent and grant Ohmyhome and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to
(i)use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display the reviews and/or testimonials throughout the world in any media, now known or hereafter devised, for the purposes of promote, or market OMH; and
(ii)use the name that you submit in connection with such reviews and/or testimonials. You acknowledge that Ohmyhome may choose to provide attribution of your comments or reviews at its discretion. You further grant Ohmyhome the right to pursue at law any person or entity that violates yours or Ohmyhome’s rights in the reviews and/or testimonials by a breach of these Terms. You acknowledge and agree that the reviews and/or testimonials you submit are non-confidential and non-proprietary.
11.IP INFRINGEMENT POLICY
11.1.If you believe that your IP rights have been infringed, you may send a notice of infringement to Ohmyhome (the “Notice”) at [email protected], providing the following information:
(a)your particulars, including your full name, address, telephone number, and email address such that you may be contacted about your notice;
(b)particulars of the alleged infringer, particulars of the alleged infringing material (including a description of where it is located) and the rights which you claim has been infringed; and
(c)a signed statement that the above information is accurate, and that Ohmyhome’s infringement agent may contact you about the Notice. In doing so, you also warrant that you are (i) the owner of the IP rights; or (ii) you are authorized by the owner (whether by obtaining the owner’s consent or by operation of law) to act on the owner’s behalf in lodging the Notice.
11.2.Ohmyhome will only accept Notices in the English language that complies with the above. Ohmyhome retains the sole discretion to take any action against such IP infringers.
12.CONTENT COPYRIGHT POLICY
12.1.Ohmyhome Pte Ltd respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i)a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(ii)identification of the copyrighted work claimed to have been infringed;
(iii)identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv)your contact information, including your address, telephone number, and an email address;
(v)a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi)a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
12.2.We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is [email protected]
13. USE OF THE SERVICES
13.1.We reserve the right at all times (but will not have an obligation), to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i)satisfy any applicable law, regulation, legal process or governmental request,
(ii)enforce the Terms of Service, including investigation of potential violations hereof,
(iii)detect, prevent, or otherwise address fraud, security or technical issues,
(iv)respond to user support requests, or
(v)protect the rights, property or safety of Ohmyhome Pte Ltd its users and the public.
13.2.We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
13.3.You may not do any of the following while accessing or using the Services:
(i)access, tamper with, or use non-public areas of the Services, Ohmyhome Pte Ltd’s computer systems, or the technical delivery systems of Ohmyhome Pte Ltd’s providers;
(ii)probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(iii)access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
(iv)forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
(v)interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
13.4 We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
14. LINKING TO US
You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.
15. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
15.1.The links from the Services may take you to other sites or services and you acknowledge and agree that Ohmyhome Pte Ltd has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.
15.2.The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ohmyhome Pte Ltd on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Ohmyhome Pte Ltd and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
15.3.Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
16.ADDITIONAL TERMS FOR LISTINGS
16.1.We reserve the unconditional right to approve or reject any Listing at our sole discretion without providing reasons to the Home Owner. We retain full discretion as to the publication of any Listing.
16.2.The Home Owner shall be responsible to check and endorse all contents of the Listing and the accuracy and veracity of the same before it is published or repeated and the Home Owner shall be solely and fully responsible for any indirect or consequential losses to the Home Owner or any third party for such errors.
16.3.The Home Owner understands and accepts that OMH may not review the contents of any Listing. The publication of any Listing will not be deemed to constitute an acceptance by OMH that such Listing complies with the Terms.
16.4.The Home Owner represents that the contents of the Listing are true, current and accurate, and do not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information.
17.ADDITIONAL TERMS FOR USE OF ESTATE AGENCY WORK
Where you will be engaging Ohmyhome and/or its representatives in respect of estate agency work, you acknowledge and agree that you will be required to enter into such further prescribed forms and/or documents under the applicable legislations or laws, or as reasonably required by Ohmyhome.