1. By using https://cobroking.com (‘the Website’ and ‘the App’) you are agreeable to accept and abide by all terms in the User Agreement governing the Website and understand and agree to accept all disclaimers posted on the Website. This disclaimer shall form part and essential terms of the User Agreement.
2. This T&C governs your access to and use of the services provided by the Cobroking.com (“Services”) vide the Website and App owned and/or managed by Cobroking Technology Pte. Ltd.
3. By accessing and/or using the Website and/or Services, you are indicating that you have read, understood and agreed to be bound by the terms and conditions contained herein. If you do not agree to any of these terms, you must cease accessing and/or using the Website and/or Services.
4. You are required to register for an account by providing, amongst others, your name, phone number, email address and password. You may be able to access and/or use the Website and/or Services without registration. However, if you choose not to register with us, you may not be able to access and/or use certain part of the Website and/or Services.
5. You may post an image for the use of your online profile and images for the use of your product listings. By submitting such image, you represent and warrant that you are authorised to use such image and such image will not infringe the rights of any party in any way whatsoever, and grants us the non-exclusive and royalty-free right to use such image in perpetuity. Any litigation claims against Cobroking.com for copyright breaches, defamatory comments or misleading advertisements caused by you are the responsibility of you who act as Cobroking.com or its App’s user or advertiser.
6. You shall provide us accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the T&C herein, which may result in immediate termination of your account.
7. In registering an account, you shall not:
-a) Select or use a third party’s name with the intent to impersonate that person; or
8. We reserve the absolute right to reject registration of, or cancel an account without prior notice and assigning any reason whatsoever. Cause for such rejection/cancellation shall include but not limited to:
a) We believe in good faith that your usage of the Website and/or Services violates the terms and conditions contained herein or that has been alleged to infringe any intellectual property;
b) You impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a or entity; or
c) Any other reasons that we shall deem fit and proper for such rejection /cancellation.
9. Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.
10. By accessing and/or using the Website, you may, amongst others:-
a) access to login to change or update your and related information, advertisements, banners, articles, tools and widgets.
b) post information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials ("Content").
11. We do not represent or warrant that:-
a) access to the Website or any part of it, will be uninterrupted, reliable or fault-free;
b) the Website or any of its contents will be accurate, complete or reliable;
c) the service/content/reference material will meet user's requirements.
12. The Website is provided for your information or reference only to assist you on types of industries/other-related matters. It shall not be relied on as professional/legal advice because it is not a substitute for consultation with a professional consultant/practitioner of the relevant field. You are responsible for seeking profession advice and/or consultation.
13. Take note that NO information/content found at the Website, in the database or in the responses from contributors shall bind the Website, its owners/managers in whatsoever manner. It is the users' sole responsibility in taking necessary steps to ensure accuracy/credibility of any information obtained herein before relying upon or acting upon such information.
14. Any material downloaded or otherwise obtained through the use of the Website is done at user's own discretion and risk, and it shall be user's sole responsibility in case of any direct or incidental damage or loss suffered as a result thereof.
15. No advice or information, whether oral or written, obtained by user from the Website, its employees or agents shall create any warranty not expressly stated in the Agreement.
16. Where so permitted by applicable law, these disclaimers shall be absolutely enforceable.
17. It should be acknowledged that Cobroking, in no way, supports any acts that would instigate any activities, or motivations, or anything similar, that has any involvements within the context of illegalities. Should any Cobroking user had posted contents that contains illegal substance, or advertising goods that breaches the regulations of any nations that Cobroking extends to, we will take measures within our authority and ability to ensure Cobroking is clear of any such illegal nuances.
You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
18. You must ensure that your listings and advertisements comply with all applicable laws, statutes, regulations, industry code of conduct or guidelines issued by any relevant authority and/or trade organisation. Such product listings and advertisements must not violate any laws, regulations, judicial or governmental order, industry code of conduct or guidelines issued by any relevant trade organisation, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person.
19. You must have the authority to market and/or publish listings/advertisements on our Website. If you are listing a product, the listing shall not:-
a) contain information that is deemed false, illegal, inaccurate, misleading, misrepresenting, and/or untrue in regards to of any such information;
b) advertise a price different than the agreed price between the owner and yourself;
c) be listed as available but is in fact no longer available for sale or rent;
d) contain spamming of ads and keyword, including duplicate listings, repeated messages/keywords are forbidden. Duplicate listings and repeating of keywords will be removed immediately and can lead to account suspension;
e) contain unauthorised overseas product listing;
f) infringe the rights of any third party and violate any law, and all content submitted by you does not violate or infringe upon any common law or statutory rights of any party including, without limitation, contractual rights, copyrights and rights of privacy and there shall not be contained in or incorporated into the content and each and every part thereof provided and to be provided by you hereunder, anything which would infringe or misappropriate any patent, mask work, design, copyright, trademark, trade name, service mark, database right, any application for any of the foregoing, moral right, trade secret right, any other personal or proprietary right, or any publicity or privacy right of any third party and no third party shall have any right to assert any claim of ownership or for infringement or misappropriation of any intellectual product right as to any portion of the content, in particular, that you have not used photographs provided by other users of the Website;
g) be disparaging or prejudicial to or shall negatively affect Cobroking.com, its reputation, and/or the exploitation of its business.
20. You understand that the placement, positioning and presentation of an Advertisement/Listing is at the sole and absolute discretion of Cobroking.com, and that Cobroking.com, in its sole and absolute discretion, may from time to time change how the Advertisement/Listing is placed, positioned and presented. Cobroking.com is not obliged to accept any requests to correct errors after the Advertisement/Listing is published or repeated and You shall be solely and fully responsible for such errors.
21. You shall not misuse the personal data obtained or generated from your product listings or advertisements and shall at all times ensure that you are in compliance with the Personal Data Protection Act 2010.
22. Cobroking.com will always co-operate with authorities to help resolve any suspected illegal activities. To preserve the trust of our users, Cobroking.com reserves the right to suspend any agent convicted of illegal activities - even if it is not related to use of Cobroking.com.
23. You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be held liable for any loss of profits, data or for any other indirect, special, incidental, punitive, consequential damages or other intangible losses, however caused, and under whatever cause of action for any liability , even if we have been advised of the possibility of such damages, resulting from: -
a) your access to or use of or inability to access or use of the Website and/or Services;
b) any conduct or content of any third party on this Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
c) any Content and/or information obtained from the Website; and
d) unauthorised access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence), whether or not we have been informed of the possibility of such damage.
24. If you are dissatisfied with any aspect of the Website, or with any of these terms, you shall discontinue your access and/or use of the Website and/or Services immediately. We shall not be liable for such discontinuance and/or use and/or access of the Website and/or Services. This limitation of liability shall apply to the maximum extent permitted by law.
25. You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
26. You must take your own precautions to ensure that the process that you employ for accessing and/or using the Website and/or Service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website and/or any linked website.
27. You agree to indemnify and keep us fully indemnified against any claim or demand, including solicitors' fees, made by any third party due to or arising out of:
a) the publication of your classified advertisement/listing;
b) the content of your classified advertisement/listing;
c) any material, product or service provided by you, to which members of the public (including users of the Website) can access through your classified 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
d) your violation of any term of this T&C.
28. You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Website and Services, and that you will not acquire any rights, titles, or interests in or to the Website and/or Services except as expressly set forth in this T&C.
29. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our Services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Website or proprietary information related thereto.
30. You will not remove, obscure, or alter our copyright notice, Brand Characteristics (as defined below), or other proprietary rights notices affixed to or contained in the Website.
31. "Intellectual Property Rights" means any industrial and intellectual property rights throughout the world and for the duration of the rights including:
a) any patents, copyright including future copyright, registered or unregistered trademarks or service marks, trade names, brand names, registered or unregistered designs, commercial names, circuit layouts, database rights;
b) methods, trade secrets, know-how, computer software, confidential information and scientific, technical and product information;
c) any other similar or analogous rights and any intellectual or industrial rights whether now existing or which come into existence in the future.
32. Any use of our trade names, trademarks, logos, domain names, and any other brand characteristics (collectively, "Brand Characteristics")shall subject to our prior written approval and you agree not to:
a) Display the Brand Characteristics in any manner that implies a relationship, affiliation or endorsement by us that can suggest the editorial content of the web page represents our views or opinions and our staff;
b) Display the Brand Characteristics on any web page that contains or displays adult content, promotes gambling, or otherwise violates applicable law;
c) Display the Brand Characteristics in a manner that is in our sole opinion misleading, defamatory, obscene, infringing or otherwise objectionable by us;
d) Do not use our trademarks in a manner which will dilute their distinctiveness. Do not use any of our trademarks as a verb. And don’t pluralize them either. Also do not combine your name with our trademarks.
33. The Website may contain links to third-party Websites ("Third-Party Sites"). You use and/or access to Third-Party Sites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site.
34. We may forthwith terminate your access to any and all part of the Website at any time, with or without cause. You may terminate your use of the Website at any time provided that such termination shall not affect or prejudice our rights which have accrued prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.
35. We hereby set guidelines to instil a better understanding on our standards of terminating accounts. Cobroking shall terminate, or possibly, suspend user accounts when, but not limited to, and will be added with due time:
a) The user uses Cobroking’s feature with the interest, and objectives, within definition, identical to that of that of a buyer. The “buyer” is being defined, contextually, as someone who purchases the products advertised within Cobroking, and; practically, using Cobroking while, possibly, falsely representing as a buyer when the alleged is a buyer themselves. And;
b) The user who undercuts another Cobroking user. “Undercut” is defined, and understood within the fields of sales adequately, in this context, as an act of directly contacting the buyer while representing a seller, and disregarding the Cobroking user representing the buyer’s interests, selling the product to the buyer, possibily or not, at a cheaper price while the representative of the buyer will, potentially, if without any authorised form of contracts in writings with the buyer themselves, not gain any commissions.
c) The user commits phishing. “Phishing”, in this context, is defined as a practice of trying to uncover personal details outside of the party involved in a conversation between two persons.
d) Any users using Cobroking as an intermediary for illegal conducts. Such as, but not limited to: i. Advertising illegal goods ii. Conducting scams iii. Harming others of their human rights iv. And other acts of the same context.
e) Any users who harms the interest of their partners. Specifically, in this context, those who refers clients that, in a previous dealing, was referred to said person, to another Listing Cobroker of the same industry as the Cobroker that referred clients to them in the first place. i. For example, if an Automotive expert Cobroker had completed a deal with the client that was referred to them by a Real Estate Cobroker, then within a span of 3 months, that Automotive expert Cobroker is prohibited from referring that said client to another Real Estate Cobroker or sales professionals.
f) And others, upon Cobroking’s independent investigation when dispute along the line of the context under this section arises.
g) Should, upon independent investigation, that Cobroking, under our independent judgement, see that termination of account could be too severe depending on the context of the dispute, we might consider suspension instead of termination.
36. The protection in Cobroking, is defined as measures that would help protect users’ interest within our authority through using Cobroking’s chat. One of the main form of protection is known as the Cobroking Agreement, which can be accessed through Cobroking’s app.
a) Upon using Cobroking’s Chat function, users are reasonably informed that: i. How using Cobroking’s Chat would imply their acknowledgement that they have serious intention to commit to the dealing they make. ii. How their conversations would remain undeleted, which could serve for record purposes in order to help protect both parties’ rights. iii. The conversations, along with the Cobroking Agreement shall be the elements to prove both parties’ promises to each other and that they will have to commit to the
promises should the consideration has been executed from one party.
37. Cobroking, upon disputes between Cobroking users arise, shall make investigations and upon adequate exercise of judgement, take actions to ensure the relevant rights within the interpretation of Cobroking, is protected, within the authority of Cobroking.
a) Cobroking shall take measures to make a pursuit to demand the allegedly wrong party to commit to their promises, or, to make any rightful compensation where adequate.
b) All of the costs incurred within the pursuit of demand towards the allegedly wrong party shall be bore by the said party should they have been proven, to a reasonable extent, to have failed their promises when they have, in that situation, to commit to their promise.
38. The rights to protection shall be refused in the following scenarios:
a) Cobroking user, who is a legitimate buyer of the item dealt, initiated Cobroking as a representative of a buyer and received Commissions which consequently resulted in an unauthorised discount, then said user shall not be entitled to the protection.
b) Cobroking user who commits an undercut, as defined in section 34(b), shall not be entitled to the rights of the protection.
c) Cobroking user who commits phishing, as defined in section 34(c), shall not be entitled to the rights of the protection.
d) And any other similar scenarios within the definitions in Section 37 shall be eligible under this section.
You can choose to browse our Website and the Apps without disclosing your personal data. You are not required to provide personal data as a condition of using the Website or the Apps, except as may be necessary for us to be able to provide the products and services which you purchase or access through our Website or Apps, respond to your requests, or in cases where you contact us directly.
When you use our Services, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to loosely identify you when combined with other data.
1.1 Information You Willingly Provide When using our Services, you may be asked to provide personal information about yourself, such as your name, contact information, payment information. This may occur, for example:
When you carry out transactions with us or other members on or in relation to the Website or the Apps.
When you register an account with us on the Website or the Apps.
When you contact our the Agent service or sales staff by email, telephone, or in person, to resolve any issues that you may be facing or with inquiries or requests. You may also provide information about a third party through the Services, for example, if you share types of industries listing with a recipient via email or SMS.
1.2 Cookies, Pixels, and Other Tracking Mechanisms
We and our partners use various technologies to collect information automatically when you access and use our Services, including cookies, and other similar technologies. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser.
Some of our pages may also include pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to determine users’ interactions with emails we send, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or IP address. We may, for example, implement a pixel on specific Services where you view a certain listing so that we can track whether the listing is of relevance to you while offering recommendations.
We also allow certain third parties to collect information about your online activities through cookies and other technologies when you use the Website or the Apps. These third parties include (a) business partners, who collect information when you view or interact with one of their advertisements on the Website or the Apps, and (b) advertising networks, who collect information about your interests when you view or interact with one of the advertisements they place on many different web sites on the Internet. The information gathered by these third parties are non-personally identifiable information which is used to make predictions about your characteristics, interests or preferences and to display advertisements on the Website, the Apps, and across the Internet which are tailored to your interests.
You can manage the type of cookies that are allowed through your browser settings, including completely blocking all cookies if you so wish. For information about how to manage cookies on your browser, please see the help section of the browser you are using.
The personal data which you provide may be used and processed by us in the aggregate or individually and may be combined with other information for the purpose of managing and operating the Website and the Apps, the scope of which may include, but is not limited to the following:
Administering the Website and the Apps. Improving your browsing experience by personalising the Website and the Apps Enabling your use of the services available on the Website and the Apps.
Responding to your enquiries or requests pursuant to your emails and/or submission of form(s) on the Website or the Apps.
Responding to and taking follow-up action on complaints regarding the use of the Website, the Apps or any product or service provided by us.
Sending you general (non-marketing) commercial communications.
We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal data. We will take care to prevent such information, especially information of your clients, from reaching third parties without your consent.
We will store all the personal data you provide on secure servers in an encrypted format.
You however understand that the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to the Website or the Apps; any transmission is at your own risk.
We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private, as well as logging out of your user account, and closing your web browser when finished using our services on a shared or unsecured device. You are responsible for keeping this password confidential. We ask you not to share a password with anyone. We will NEVER ask you for your password other than when you log in to the Website or the Apps, as the case may be.
In order to manage and operate the Website and the Apps, we may disclose your personal data to any member of our group, which means our affiliates and subsidiaries. We may also disclose your personal data to third parties such as our service providers for the following purposes:
To comply with any legal requirement; to enforce or apply our Terms of Service and other agreements.
To protect our rights, property, and safety, and the rights, property and safety of our affiliates and subsidiaries, other users of the Website or the Apps, and others.
In connection with a business asset transaction (i.e. the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation) to which we are a party or a prospective party.
The Website and the Apps may, from time to time, contain links to and from the websites of our partner networks and vendors. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
All requests for information or requests for the amendment of information held by us shall be made by informing the Cobroking.com in the communications or email your request to us.
We may refuse to disclose or amend any personal data for the reasons set out in the Personal Data Protection Act 2012.
As far as reasonably possible, we will respond to your request within ten (10) working days from the date of receipt of the request. If that is not possible, you will be so notified within ten (10) working days from the date of receipt of the request.
We shall not be liable for any voluntary disclosure of personal data by you to other users in connection with the use of the Website or the App.s
Date Effective of 29 th July 2020