TERMS AND CONDITIONS

Warning: Use of proptech.jp is conditional upon you (“the User”) agreeing to the terms of this Agreement. Use of Proptech.jp shall be deemed to be your acceptance of the terms of this Agreement with BM Tech Service Limited, a Hong Kong Limited Company.

Definitions

Standard Terms

In this Agreement, unless inconsistent with the context
Agreement: means this agreement, its recitals, provisions and any schedule of this agreement.
Rent-Collect: means rental collection services by BM Tech Service Limited.
Third Party Property Listing Source: means the any third party web site where property listing may be sourced;
Third Party Transaction Data Source: means the any third party web site or government data feed where transaction data may be sourced;
Any Third Party Data Source: means the any third party web site or data feed in general where data may be sourced;
Confidential Information: includes account details and passwords.
Clause: means a clause of this Agreement.
Duration: means the period from the date that you agree to this Agreement until it is terminated.
Maintenance User: means a User who posts in the maintenance section of Proptech.jp
Discussion User: means a User who posts in the discussion section of Proptech.jp
Force Majeure: means an act, omission or circumstance over which BM Tech Service Limited. could not have reasonably exercised control including telecommunication failures.
Intellectual Property Right: includes any right arising from or capable of arising from the existing Hong Kong Intellectual Property legislation including any Ordinances and amendments that may be effected from time to time.
Party and Parties: means a party to this Agreement and their respective successors, trustees and permitted assigns.
Personal User: means an individual User who has signed up for Proptech.jp
Sub-clause: means a sub-clause of this Agreement.
Taxes: includes taxes, duties and government charges, fees, levies, any penalty for not paying same and any liability for same.
Total Fee: means the Bounty and Bounty Fee
User: means both Personal User, Discussion User, Maintenance User, Any Third Party Data Source, Third Party Transaction Data Source, Third Party Property Listing Source and any person using proptech.jp or interacting with BM Tech Service Limited in any other capacity.

Terms related to Rental Payment

Rent-Collect Account: the part of the Website you access with your Rent-Collect User ID, and which allows you to view and/or manage your activity on the Rent-Collect Service.
Rent-Collect Collect: the service provided by Rent-Collect having the core functionality described on the Website (as the Website is updated from time to time) enabling you to collect payments from your End Users in exchange for goods and services.
Rent-Collect Collect Transaction: any transactions initiated by you for processing by us, and which we, through our acquirers, will submit to the Payment Card network for clearing and settlement. A Rent-Collect Collect Transaction shall be deemed to be complete when we receive from our acquriers, and have control over, the proceeds related to the applicable transaction.
Rent-Collect Fee: the applicable fee charged by Rent-Collect to process payments, as shown on our Website when a payment is created.
Rent-Collect Platform Service: the service provided by Rent-Collect that enables you to integrate the Rent-Collect Service into your Application using the Rent-Collect API to collect and process your customers’ payments (Rent-Collect Payment Gateway) as described on the Website.
Rent-Collect Service: the Rent-Collect Service having the core functionality described on the Website (as the Website is updated from time to time), enabling you to: make payments to various Payees with your Payment Card; or collect payments from your End Users in exchange for goods and services; or access and use our API in accordance with the Approved Purpose set out in your Access Request as approved by us; and facilitate payments using the Rent-Collect Payment Gateway.
Rent-Collect Software: the software owned by us (and our licensors) that is used to provide the Rent-Collect Service.
Rent-Collect User ID: a unique name and/or password allocated to you to allow you to access certain parts of the Website (or if applicable, the API).
Chargeback Costs: the amount of the chargeback and/or all associated fees, fines or penalties resulting from or in connection with such chargeback.
Confidential Information: any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Rent-Collect Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Rent-Collect Software and Content. Your Confidential Information includes the Data.
Content: any information or content from the Rent-Collect Service or made available and accessed via the API.
Data: all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Rent-Collect Service.
Net Settlement Amount: means any amount due and recorded by us as a Rent-Collect Collect Transaction, less the sum of any and all refunds, Rent-Collect Fee, Chargeback Costs and Reversals.
Payee: the recipient of a Payment Amount as identified by the Payor.
Payor: the person providing card charge instructions to Rent-Collect, to process the Payment Amount via the Rent-Collect Service.
Payment Amount: the amount nominated by the Payor for payment to the Payee.
Payment Card: a Payor’s payment card (including credit or debit cards) from a payment network listed on the Website (which may include Visa, Mastercard or American Express, as amended from time to time) that the Payor chooses to use in conjunction with the Rent-Collect Service.
Payment Charged Date: the date the Payment Card nominated by the Payor is charged.
Pre-Scheduled Payment: a payment amount that has been scheduled in advance for processing on a future Payment Charged Date by the Payor.
Reversals: means any payment that we may in exceptional cases have to reverse to your End User because the payment: (a) violates the our risk management or fraud prevention policies or procedures, or which we reasonably suspect of violating any such policies or procedures; (b) clause 6 of these Terms; and/or (c) has been categorised by our risk models as involving a risky payment required to be reversed to mitigate the risk associated with the payment. The term “Reversed” shall be construed accordingly.

Interpretation

In this Agreement, unless inconsistent with the context
Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities.
Words denoting the singular number shall include the plural number and vice versa.
Words denoting any gender shall include all other genders.
A reference to a statute or a regulation also refers to any statute or regulation amending, or consolidating or re-enacting same.
Money references are references to the currency indicated, and in the absence of any specific indication the default currency is Hong Kong Dollars (HKD).
A reference to “ includes ”, “ including ” or “ inclusive ” is to be construed as being a reference to “includes, without limitation”, “including, without limitation”, and “inclusive, without limitation” respectively.
Headings used in this Agreement are for convenience and ease of reference only, and are not part of this Agreement and shall not be relevant or affect the meaning or interpretation of this Agreement.
Every obligation express or implied into this Agreement and entered into by more than one Party shall bind them jointly and severally.
Every right express or implied into this Agreement granted in favour of more than one Party shall be for the benefit of each of them jointly and severally.
A provision of this Agreement shall not be construed adversely to the Party that drafted it.
If any provision or part provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision or part provision which shall be deemed deleted.
The recitals, provisions and any schedule to this Agreement form part of this Agreement and shall be read in the following order of precedence: the recitals, the provisions of this Agreement and then the BM Tech Service Limited rules.
No right or remedy granted to BM Tech Service Limited. pursuant to this Agreement excludes or shall be deemed to exclude or modify any other right or remedy which would otherwise be available to BM Tech Service Limited. and all such granted rights and remedies are cumulative.
User’s Right to Use BM Tech Service Limited
Subject to the terms of this Agreement BM Tech Service Limited. grants User a revocable non-exclusive right to use Proptech.jp for the Duration.
BM Tech Service Limited shall, from time to time, provide access codes to permit User to use Proptech.jp and various functions of Proptech.jp at the sole discretion of BM Tech Service Limited.

User’s Responsibilities on Rental App

User shall

comply and agree to be bound by the Proptech.jp rules as if same were set out in here in full and which rules may be updated and changed from time to time and are currently located at http://www.Proptech.jp /terms;
comply with BM Tech Service Limited ’s publishing policy which is
The User shall not publish anything which would be considered defamatory, knowingly inaccurate, offensive or which would infringe the rights of third parties.
apply or accept, without delay, all updates issued by BM Tech Service Limited from time to time to which User is entitled;
backup their data wherever same is stored;
agree to and comply with the terms and conditions of any third party software or services supplied by BM Tech Service Limited or made available with Proptech.jp and or not use such third party software and services;
comply with all applicable laws including those that apply in relation to employment for the relevant jurisdiction;
conduct all appropriate virus and security checks;
ensure that their employees, sub-contractors and other agents who have authorised access to Proptech.jp are made aware of the terms of this Agreement;
supervise and control the use of Proptech.jp in accordance with the terms of this Agreement;
immediately advise BM Tech Service Limited. in writing upon User becoming aware of any person using Proptech.jp who is not authorised by BM Tech Service Limited. to do so; and

User shall not

copy, reproduce, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, sub-license, rent, lease, loan or distribute Proptech.jp other than as expressly authorised by this Agreement;
engage in password sharing, remote desktop access or port aggregation without the express permission of BM Tech Service Limited.;
install, upload or execute any computer programs which have not been checked and are not expressly specified by BM Tech Service Limited as suitable;
interfere with the network or disrupt any other user, service or equipment;
permit any act which infringes the Intellectual Property Rights which subsist in Proptech.jp and which belong to BM Tech Service Limited;
provide or otherwise make available Proptech.jp in any form to any other person;
use Proptech.jp for any illegal, unauthorised or dangerous purpose including unsolicited commercial e-mail;
use Proptech.jp to publish any material for which it is not the Intellectual Property Right owner or licensed by the Intellectual Property Right owner or is defamatory.

BM Tech Service Limited ’s rights on Rental App

BM Tech Service Limited. may, whilst being under no obligation to do so and at its sole discretion, without notice or giving any reason or incurring any liability for doing so
delete, remove or refuse to publish any listing;
delete, remove or refuse to publish any material which is, in its sole opinion, without limitation, dangerous; found in an unauthorised area; excessive in volume; unauthorised; unlawful;
in breach of BM Tech Service Limited’s Reasonable Use or Publishing Policy; and
take action if it suspects that malicious, illegal or unacceptable usage of Proptech.jp is occurring or has occurred, including destruction or disposal of User’s access passwords.
revoke or discontinue the Proptech.jp service at BM Tech Service Limited’s sole discretion.

User’s Responsibilities on Rental Payments

You must keep your Rent-Collect User ID secret and must not share your Rent-Collect User ID with any other person or permit any other person to use your Rent-Collect User ID. You are solely responsible for any activity carried out using your Rent-Collect User ID. You must immediately notify us if you become aware of any disclosure or unauthorised use of your Rent-Collect User ID, by sending an email to the relevant Support Email Address.
You must provide us with accurate, complete, and valid details when you schedule a payment using the Rent-Collect Service. Consequently, you acknowledge to, and agree with us that you are solely responsible for:
- amending and/or cancelling any Pre-Scheduled Payments that you have setup but for which any details have since changed;
- nominating a Payment Card that will be valid on the Payment Charged Date;
- providing us with the correct payment instructions, including for example the correct day on which the payment is to be made, the correct bank account details of the Payee and the correct Payment Amount.
If you decide you do not want to make a Pre-Scheduled Payment, it is your responsibility to cancel it by logging into your Rent-Collect account using your Rent-Collect ID.
If you are not able to do so, you should contact us by telephone immediately and we will assess the progress of the payment and cancel it for you if cancellation is still reasonably possible.
If we have processed your payment according to your payment instructions, the payment will be considered correctly completed even if you made a mistake. If you provided incorrect information with your payment instructions, we will use reasonable efforts to recover the funds for you and may charge you a fee for that.

BM Tech Service Limited ’s rights on Rental Payments

We reserve the right to cancel or refuse to process any payment or impose limitations on the size, frequency and time frame of the payments we allow you to make or receive using the Rent-Collect Service. If we cancel, refuse to process a payment or impose any such limitation we do not have to give you a reason for doing so.
Prohibited Activities
- make or collect a payment that is not in exchange for a product or service in a genuine arms’-length commercial transaction
- maintain more than one Rent-Collect User ID, except for a business/personal distinction
- provide incorrect, incomplete or inaccurate information when you use the Rent-Collect Service (including when you provide information about Payors, Payees or your End Users)
- make or collect an overpayment – you must not use the Rent-Collect Service to overpay your tax, supplier, insurance, rent, etc. or to collect funds which aren’t owed to you in the framework of a commercial transaction
- make a payment for someone else – you may use the Rent-Collect Service only to make payments that are due by you or, where Rent-Collect permits it, your spouse and/or your dependants (for personal users) or by the relevant business (for business users)
- pay with a Payment Card that does not belong to you – or, in case of a corporate card, which you are not authorised to use by the cardholder
- split up one payment in several transactions other than for the purpose of using different Payment Cards (for this can cause reconciliation problems on the Payee’s side)

Specific Terms and Conditions for Rental Payment

Scheduling payments using the Rent-Collect Service

You can choose to make a one-off payment or to schedule recurring payments using the Rent-Collect Service. You must carefully read and follow the payment instructions as displayed on our Website and the payment creation page. If you do not understand instructions or do not agree with any terms displayed during the payment set up process, your only recourse is to discontinue use and seek any clarifications needed.

Authorising Rent-Collect to charge your Payment Card

When you schedule a one-off payment (whether or not it is a Pre-Scheduled Payment) you are authorising us, on the Payment Charged Date, to charge the Payment Amount and Rent-Collect Fee, as shown to you on the payment creation page, from your nominated Payment Card.
When you schedule recurring payments you are authorising us, on each Payment Charged Date, to charge the Payment Amount and the associated Rent-Collect Fee from your nominated Payment Card on the recurring basis set out on the payment creation page, until you choose to suspend or cancel that recurring payment.
When you schedule a payment using the Rent-Collect Service, you must provide any information we request. If we subsequently require additional information and/or supporting documents for operational or compliance reasons (for example, to identify the payment with certainty and/or to reconcile it), you must provide this information by the means or in the format we request to enable us to process the payment.
Rent-Collect reserves the right to delay or cancel any payment for which the additional information and/or supporting documents have not been provided.
If, at any time, we determine that it would be unwise for us to process a payment for you using the Rent-Collect Service, including where you have failed to comply with these Terms, if we reasonably believe a transaction is suspicious or fraudulent, or for any other reason, we reserve the right to delay or cancel the payment, and to refund the Payment Amount to your nominated Payment Card.

Pre-Scheduled Payment reminders

Whenever a payment is a Pre-Scheduled Payment, we will use reasonable efforts to send you a reminder SMS to your nominated number prior to the Payment Charged Date. Rent-Collect is not responsible for any fees that your service provider charges related to receiving SMS messages.
You can cancel or amend your Pre-Scheduled Payment at any time before the Payment Charged Date by logging into your Rent-Collect Account using your Rent-Collect User ID. We are not liable if for any reason you did not receive any such SMS for a Pre-Scheduled Payment.

The Rent-Collect Fee

Rent-Collect Fee is payable and not refundable
Whenever Rent-Collect makes a payment for you, Rent-Collect will charge a Rent-Collect Fee that is displayed on the payment confirmation page on the Website. The Rent-Collect Fee is non-refundable. The Rent-Collect Fee excludes Sales Tax, which you must pay on taxable supplies.
When you are scheduling a payment to be made using the Rent-Collect Service we will calculate the amount of the Rent-Collect Fee and display it to you. You will have the option of not proceeding to schedule the payment if you do not agree to payment of the Rent-Collect Fee for that payment.

Fee increases

We may increase the Rent-Collect Fees by giving at least 30 days’ notice. If you do not wish to pay the increased Rent-Collect Fees, you may terminate these Terms and your right to access and use the Rent-Collect Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Rent-Collect Fee increase. If you do not terminate these Terms and your right to access and use the Rent-Collect Service in accordance with this clause, you are deemed to have accepted the increased Rent-Collect Fee.

Finality of payment

No right to any charge back
You agree to waiver any right to, and acknowledge that you will not, obtain or attempt to obtain from your Payment Card issuer a charge back for the Payment Amount and the Rent-Collect Fee made using the Rent-Collect Service, including but not limited to where:
- any of the Payee information you provided to us was incorrect;
- you have a disagreement or dispute with the Payee– for example, in connection with any goods and/or services or any other claim by you against the Payee that they are not entitled to receive the whole, or any part, of the Payment Amount;
- you selected the wrong Payment Card for a specific payment;
- you set up a duplicate payment in error and Rent-Collect processed this on your instructions; or
- you failed to cancel or amend details of a Pre-Scheduled Payment.

No right to a refund from Rent-Collect

We act as an intermediary for Rent-Collect Service users, (including End Users, Guests, Payors and Payees) to transact and are not a party to any agreement to buy, sell or provide goods or services that are paid for using the Rent-Collect Service. Any contract between Rent-Collect users in respect of any goods or services provided by the Payee, or in respect of any payment obligation between Guests, Payors and Payees, is independent of these Terms and is entirely between the relevant Guests, Payors and Payees. You remain solely and fully responsible for the timely and complete fulfillment of all your obligations towards your Payee (whether under contract or at law).
Any interaction between you and a Rent-Collect Service user, including any agreement entered into between you and another Rent-Collect Service user, is a matter directly between you and them only. Other than our obligations set out in these Terms, we are not liable to you for any failure by any Rent-Collect Service user to comply with these Terms or any other legal obligation. When you use the Rent-Collect Service to make a payment you do not have any right to require us to provide you with a refund of the payment and you do not have any right to a refund of the Rent-Collect Fee relating to the payment.
You may of course direct a refund request to the relevant Payee. If the Payee agrees to a refund, the Payee may pay the refund to your bank account directly or pay the refund to us. In that case, we will use our best efforts to apply the amount we receive from the Payee to your Payment Card.

How Rent-Collect safeguards your money

When we process payments, in case our licensed acquirer does not settle the Payment Amount directly in the Payee’s account, there may be a gap between the time we receive the amount of the payment by obtaining it from the payment method that you nominate and the time we make payment to the Payee, this is to allow us to complete our operational and compliance verifications and to complete the payment process. In any event, we will hold all amounts that we obtain from your nominated payment method in an account held with a locally licensed bank (a ‘Segregated Account’) that is segregated from the bank account we use for our corporate operating expenses. We will then transfer the Payment Amount to the Payee from the Segregated Account.
We hold all funds in the Segregated Account as a bare trustee for you and the other users of the Rent-Collect Service. We will use them only for making payments scheduled by you and such other users and not for any other corporate purposes. However, the funds in the Segregated Account are usually stored there for less than 1 day, do not include the Rent-Collect Fees and may be co-mingled with the money of other Rent-Collect customers. If we were to become insolvent, you will be able to make a claim for your funds from this segregated account. Please note that you may not get all your money back if (i) the funds in the Segregated Account are insufficient to meet your claim; or (ii) if the safeguarding institution becomes insolvent.
Our obligations as a trustee under any statute are excluded to the fullest extent allowed.

No reversals

You agree that once a payment to be sent to you has been charged, no refunds, cancellations or chargebacks of the payment will be permitted through the Rent-Collect Service.
If a Payor requests for a refund of any Payment Amount (or part thereof) after the funds have already been charged, Rent-Collect will refer such request to you by directing the Payor to contact you (or vice versa).
- Notwithstanding the foregoing, you acknowledge and agree that Rent-Collect shall not be responsible for dealing with or resolving any requests for refunds from Payors, or processing the payment of any refunds to the Payor, and that you are solely responsible therefor.
- If a Payor initiates a chargeback against a payment that has been made to you, Rent-Collect may (but shall not be obliged to) work together with you to investigate the chargeback with the Payor’s credit card company.
- You agree to give Rent-Collect your full cooperation and assistance with such chargeback investigations.
In case where a chargeback is filed by the Payor, you agree that Rent-Collect has the right to immediately deduct the full amount of the potential chargeback and any unpaid Chargeback Costs from any future payments due to you.
- Without prejudice to our rights under clause 29 below, if there are no future payments, or if the current payments aren’t enough to cover the potential chargeback amount, you will be obligated to immediately, but no later than 14 working days after Rent-Collect’s request, transfer such amounts to Rent-Collect’s bank account as per Rent-Collect’s request.
In case Rent-Collect deducts amounts from future payments, you will not hold it against the Payors whose funds were fully or partially held by Rent-Collect and the Payor’s payment obligation towards you will be deemed as fulfilled.
If the chargeback is not resolved in your favour, you shall be liable for any and all Chargeback Costs.
If the chargeback is resolved in your favour, Rent-Collect will refund the amount immediately, but not later than 7 business days after receiving the disputed funds to your bank account.

Disclaimer & Acknowledgments

User acknowledges that

Using any kind of property is a complex area and Proptech.jp is not designed as a substitute in any way for professional advice and due diligence.
Any data presented through Proptech.jp does not in any way represent an endorsement or warranty by BM Tech Service Limited. for the underlying data source
BM Tech Service Limited. disclaims full responsibility for confirming and verifying any information provided by Users;
Proptech.jp does not verify the bonafides of any listing, endorsement or advertisement nor does Proptech.jp in any way warrant, adopt or endorse same as its own;
Proptech.jp does not necessarily comply with any standard or legislation;
Proptech.jp is licensed on the strict understanding that, subject to the warranties below, BM Tech Service Limited is not responsible for the results of any actions taken by User, a third party or a third party relying on data supplied by Proptech.jp ;
BM Tech Service Limited. cannot and does not warrant that Proptech.jp shall be available 24 hours a day or that any defect shall be corrected within a specific time frame;
Proptech.jp is not necessarily secure, virus free or without defect; and

BM Tech Service Limited. is not responsible for

ensuring that Proptech.jp is suitable for User’s requirements or fit for any purpose;
any interruption to Proptech.jp due to equipment failure, the need for routine maintenance, peak demand etc;
the supply or maintenance of User’s equipment, software or telephone lines;
monitoring, controlling or ensuring the accuracy, appropriateness or content of any information on the internet and does not do so; and
any software available on the internet or supplied by third parties.

Support

BM Tech Service Limited. may, from time to time, make available various support services and other assistance in relation to Proptech.jp .
Should User wish to use such services then User shall pay the then published rate of BM Tech Service Limited. in relation to such services. Such services are supplied pursuant to the terms and conditions set out in this Agreement.

Intellectual Property Rights

BM Tech Service Limited. retains all the Intellectual Property Rights in Proptech.jp and the trademark “ Proptech.jp ”.
User hereby assigns all its Intellectual Property Rights it may have arising from or in relation to any of its suggestions or requirements in relation to the Proptech.jp to BM Tech Service Limited. immediately as such rights are capable of assignment.
This assignment is absolute, worldwide and includes all present and future Intellectual Property Rights arising from or in relation to Proptech.jp .
User acknowledges that User’s right to make any use of materials assigned pursuant to this Agreement, is dependent upon BM Tech Service Limited. granting an express licence to User , the granting and terms of which shall be at the sole discretion of BM Tech Service Limited.

Confidential Information

To the extent that Confidential Information is not in the public domain (other than by way of breach of this Agreement ) and is not known by User at the time of disclosure, User
shall
keep such information confidential;
take all necessary precautions to prevent any disclosure of Confidential Information to unauthorised third parties; and
inform BM Tech Service Limited. of any suspected or actual disclosure of Confidential Information; and
shall not, without the express written consent of BM Tech Service Limited.
directly or indirectly divulge or communicate or otherwise disclose any Confidential Information , in whole or part to any third party;
use any Confidential Information , other than for the express purpose set out in this Agreement; or
remove or cause to be removed from BM Tech Service Limited.’s systems any Confidential Information.
User shall be responsible for all use of the Confidential Information whether authorised by User or not
This Clause shall survive the termination of this Agreement.

Tax

Unless expressly stated to the contrary and to the extent permitted by law
Any Fees are exclusive of all Taxes which may arise in relation to the subject matter of this Agreement;
User shall immediately pay any applicable Taxes to BM Tech Service Limited ; and
User shall indemnify and keep indemnified BM Tech Service Limited. from payment of the Taxes and any penalties arising from non-payment of same.

Suspension of Obligations

If User breaches any provision of this Agreement BM Tech Service Limited. may, without further notice to User, - suspend all its obligations to User under this Agreement; - disable Proptech.jp using time out codes, remote access or other technological measures; and or - withdraw any discount which was otherwise applicable to the Fees.

Specific Warnings

You must ensure that your access to this website and the Proptech.jp service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process you use to access Proptech.jp does not expose you to the risk of viruses or malicious interference which may damage your own computer system or data. We accept no responsibility for any interference or damage to any computer system or corruption or loss of data that arises in connection with your use Proptech.jp or any linked website.
You acknowledge that we may not be able to confirm the identity of other registered Proptech.jp Users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
We accept no liability for any losses arising directly or indirectly from a failure to provide the Proptech.jp service, errors or interruptions to the Proptech.jp service or any suspension or discontinuance of the Proptech.jp service.
We accept no liability for any transmissions by other users in contravention of the obligations as set out in this Agreement.

Force Majeure

BM Tech Service Limited. shall not be liable for any delay or failure to perform its obligations if such a failure or delay is due to Force Majeure.

Limited Warranty

BM Tech Service Limited. shall operate Proptech.jp with all due care and skill.
BM Tech Service Limited. shall re-supply Proptech.jp if not supplied in accordance with this Clause provided that User notifies BM Tech Service Limited. of same within a reasonable time. This remedy shall be User ’s sole and exclusive remedy for breach of this Agreement or any other cause of action against BM Tech Service Limited.

Limitation of Liability

To the extent permitted by law and except as expressly provided to the contrary in this Agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement or to this Agreement generally, are excluded. Where legislation implies in this Agreement any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in this Agreement. However, the liability of BM Tech Service Limited for any breach of such term shall be limited, at the option of BM Tech Service Limited. , to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.
To the extent permitted by law and except as expressly provided to the contrary in this Agreement, BM Tech Service Limited. shall not be under any liability (contractual, tortious or otherwise) to User in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this Agreement or an act, failure or omission of BM Tech Service Limited.

Further Assistance

User shall

declare, make or sign all documents and do all things necessary or desirable to give full effect to this Agreement; and
if applicable, procure its officers, employees and agents to do same.

Indemnity

To the extent permitted by law, User shall release, indemnify and keep indemnified BM Tech Service Limited. , its officers, employees and agents, against any injury, death, damage, loss, costs (including legal costs on an indemnity basis), expenses, interest, taxes or liability whether direct or indirect and whether sustained by BM Tech Service Limited. , BM Tech Service Limited ’s officers, employees and agents, User , User ’s officers, employees and agents or a third party User or other third party arising out of
- a breach of this agreement by User;
- any wilful, unlawful or negligent act or omission of User , its officers, employees or agents;
- any injury suffered by User ’s officers, employees or agents; and
- the discharge of User ’s obligations pursuant to this Agreement.
This indemnity applies regardless of whether or not legal proceedings are instituted.
This indemnity applies to any payment, settlement, compromise or determination regardless of whether same is, or is not, authorised by User.
It is not necessary to incur any expense or make any payment before enforcing any right of indemnity under this Agreement.
This Clause survives termination of this Agreement.

Waiver

No right of BM Tech Service Limited. under this Agreement shall be deemed to be waived except by notice in writing signed by BM Tech Service Limited. Any such waiver shall be limited to its express terms.
Any failure by BM Tech Service Limited. to enforce any provision of this Agreement , or any forbearance, delay or indulgence granted by BM Tech Service Limited. shall not be construed as a waiver of BM Tech Service Limited ’s rights.

Survival

The provisions of this Agreement which are capable of having effect after the expiration of this Agreement shall remain in full force and effect following the expiration of this Agreement.

Assignment, Novation and Sub-Contracts

User shall not sub-contract, sub-licence, assign or novate, in whole or part, any entitlement or obligation under this Agreement without the prior written consent of BM Tech Service Limited.
BM Tech Service Limited. may
- sub-contract for the performance or part performance of this Agreement ; and
- assign this Agreement to a third party without notice and in such circumstances, BM Tech Service Limited ’s rights and obligations under this Agreement shall be immediately terminated upon assignment.

Notices

Notices under this Agreement may be delivered by hand, by mail or by email.
Notices shall be deemed given in the case of
- hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving party;
- email, immediately upon acceptance of same by a machine outside the control of the sender;
- posting, 3 days after dispatch

Termination

BM Tech Service Limited. has the right to terminate this Agreement immediately if
- User breaches any provision of this Agreement and such breach is not remedied within 14 days of notice by BM Tech Service Limited.;
- User becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
- User , being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
- User being a natural person, dies; or
- User ceases or threatens to cease conducting its business in the normal manner.
In addition to terminating this Agreement, BM Tech Service Limited.
- may disable User ’s access to Proptech.jp ;
- may retain any moneys paid;
- may charge a reasonable sum for any un-invoiced items;
- shall be regarded as discharged from any further obligations under this Agreement;
- shall be under no liability to User for damages or compensation or any other payment whatsoever;
- may immediately erase all data stored by BM Tech Service Limited.; and
- may pursue any additional or alternative remedies provided by law.

Governing Law

This Agreement shall be governed by and construed according to the law of Hong Kong, SAR, China.
The Parties irrevocably submit to the exclusive jurisdiction of the Courts of Hong Kong.

Content

Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, Listings, information, data, text, inquiries, photographs, videos, virtual tours, audio clips, written posts, reviews, feedback, and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
User Content. All property listing information, rental information, and other Content added, created, uploaded, submitted, distributed, or posted to the Services or otherwise provided by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability, or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe or legal. All Content and information is subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footages are approximate, may not be relied upon by you, and all information should be confirmed by you.
Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non- exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content outside the Services for commercial use or in any way that violates any third party right.
License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) to remove or block any Content from the Services.

Entire Agreement

Unless stated expressly to the contrary in this Agreement
this Agreement constitutes the entire agreement between the Parties for the subject matter referred to in this Agreement. Any prior arrangements, agreements, representations or undertakings are superseded;
this Agreement is not to be construed as creating a joint venture, partnership or agency situation between the Parties. No Party may represent that there exists such a relationship between the Parties;
no Party may bind another Party to any agreements, arrangements, contracts or understanding or represent that they have such authority; and
no modification or alteration of any provision of this Agreement shall be valid except in writing signed by each Party save that BM Tech Service Limited. may on 30 days notice change any term of this Agreement and in such a case User may terminate this Agreement during that notice period without further obligation.

BM TECH SERVICE LIMITED

801, Gravity, No. 29 Hing Yip Street, Kwun Tong, Kowloon,Hong Kong
info@bmtech.info