Terms and Conditions
This document sets out the Terms and Conditions ("Terms") on which 99 Pte Ltd (Company Registration No. 201402361C) of #05-14 ’Block 71’, 71 Ayer Rajah Crescent, Singapore 139951 ("99") provides customers with access to certain recruitment management services through the www.99.co website ("Website").
Please read these terms very carefully before using the website and the 99 services. You acknowledge and agree that by clicking on "I accept”, you are indicating that you have read, understand and agree to be bound by this agreement. If you accept or agree to this agreement on behalf of a nominated company or organisation (in these terms, the "Customer"), you agree that company or organisation will be bound by these terms as a customer. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the customer company or organisation.
If you do not accept these terms, you will not be able to use the website and the services. You are advised to print and retain a copy of these terms for future reference.
The website & the services
The Website is owned and managed by 99 Pte Ltd (Company Registration No. 201402361C) of #05-14 ’Block 71’, 71 Ayer Rajah Crescent, Singapore 139951.
In consideration for the payment of the Fees, 99 shall provide the Customer with the services as described on the Website, which allow the Customer to browse, post, import and manage its listing ("Services"). The Services typically include the following key features:
the facility to create "Listings", meaning descriptions of a property that the Customer is seeking to buy or rent;
the facility to upload "Property Information", meaning information about the Customer property or any listing;
the facility to distribute to, or upload from, “Other Medium”, including but not limited to all print and broadcast media, websites and property portals;
the ability to publish and export Listings to Other Medium where they can be displayed to potential "Tenants", meaning persons seeking rental or potential "Buyers", meaning persons seeking purchase;
the ability to enhance the “Listings”, this may include but not limited to suggested editing of copywriting of description, post-processing of images, etc;
the ability to import Listings from Other Medium, in which case the Customer certifies that they are the authorized person to list said properties and possess the rights to all content associated to said Listings. And in doing so authorize and instruct 99 to make duplicate of and distribution of such Listings and all associated content, and assumes responsibility for the process of duplication and distribution of such listings; and
any other features and functionalities provided by 99 to the Customer from time to time.
For the avoidance of doubt, 99’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and 99, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
99 may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Services upon notice to the Customer.
99 shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Services or the Website, 99 shall use its reasonable endeavours to notify the Customer in advance provided that 99 is able to do so.
Access to the Website and the Services may be granted to the Customer on a trial or ‘free’ basis ("Trial"). The Customer acknowledges and agrees that during the Trial, these Terms and conditions shall apply, as well as the following specific terms:
access to the Services during the Trial will be provided at no cost to the Customer;
such access is solely for the purpose of offering the Customer a preview demonstration of the functionality and features of the Services;
the functionality of the Services during a trial may be limited or restricted; and
99 may withdraw or suspend the Customer’s access to the Services at any time during the Trial, and at the completion of the Trial continued access to the Website and/or Services will be subject to payment of Fees or charges.
In order to use the Services, the Customer shall first be required to register with 99 by completing the online registration form on the Website.
99 shall send the Customer a confirmation email ("Confirmation Email") once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Services on these Terms ("Contract") commences on the date of the Confirmation Email.
99 reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to 99. If 99 has reason to believe that the information provided by the Customer to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, 99 at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
At any time upon notice to the Customer, 99 may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms.
The Customer shall at all times use the Services and the Website in accordance with these Terms.
The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Customer and with Buyers/Tenants, and all other material of any format (“Submissions"):
comply with all applicable laws and legislations;
do not infringe any intellectual property rights or other proprietary rights of any third party;
not reasonably be deemed to:
be offensive, illegal, inappropriate or in any way:
promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
harass or advocate harassment of another person;
display pornographic or sexually explicit material;
promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
promote any illegal activities;
provide instructional information about illegal activities, including violating someone else’s privacy or providing or
creating computer viruses;
promote or contain information that you know or believe to be inaccurate, false or misleading;
engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
exploit people in a sexual or violent manner;
invade or violate any third party’s right to privacy; and
transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or “spamming";
and the Customer hereby indemnifies 99 for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by 99 which arise directly or indirectly from a breach by the Customer of this clause 3.3.
Unless otherwise explicitly stated by 99, 99 does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
Notwithstanding clause 3.3, 99 reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if 99 has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
The Customer shall not:
at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and
do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
99 takes breaches of this clause 3 very seriously and therefore reserve the right to take any action that 99 deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances 99 may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
Customer interaction with buyers/tenants
The Customer shall ensure that any Listing it publishes through the Website contains the sufficient information to allow a Buyer/Tenant to make an informed decision as to applying for the property in question.
The Customer warrants and represents that the information provided pursuant to clause 4.1 and in respect of the Customer Information shall be correct, complete, accurate and up to date. In the event the information in the Listing or the Customer Information is incorrect, incomplete, inaccurate or out of date, then the Customer must immediately take all necessary steps to rectify such information.
The Customer shall at all times use the Services and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection and property leasing legislation.
The Customer is solely responsible for the use of the Services and its internal management of the recruitment process, for each Buyer/Tenant search the Customer undertakes and any Listing advertised by the Customer through the Website.
The Customer acknowledges that 99 does not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of the Buyer/Tenant. 99 does not warrant, represent or guarantee that the Customer will be able to receive the Listing using the Services.
The Customer shall at all times keep all information including without limitation, the Buyers/Tenants’ Profiles, communication and correspondences between the Customer, 99 and the Buyers/Tenants, and all information relating to the Buyers/Tenants and the purchase/rental process secure and confidential.
The Services shall be personal to the Customer organisation and the Customer has no right whatsoever to resell the Services to any third party for any reason without the express written approval of 99.
The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure it enters into any necessary contractual arrangements with Buyers/Tenants. The terms of any contractual arrangements shall be negotiated and agreed between the Customer and the approved Buyer/Tenant directly. In the event there is a dispute between the Customer and any Buyer/Tenant (whether it relates to the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - the Customer agrees 99 is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless 99 from any such loss or damage or any liability in relation to any Dispute.
The Customer hereby indemnifies 99 against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by 99 which arise directly or indirectly from any Dispute, or any breach by the Customer of clause 4.3.
The Customer may terminate their Contract at any time by cancelling their subscription on the Website, provided that any Fees already paid by the Customer are non-refundable.
99 shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services:
if 99’s network providers and suppliers cease providing 99 with their services; or
if 99 has reason to believe that the Customer has breached any of the provisions of these Terms.
Upon termination of the Customer’s Contract in accordance with this clause 5, the Customer may no longer access or use the Services and the Website.
The Customer hereby warrants that
the Customer has the right and capacity to enter into and be bound by these Terms; and
the Customer shall comply with all applicable laws regarding the Customer’s use of the Services and the Website; and
and the Customer agrees to abide by the rules and reasonable directions of 99 relating to the Website as may be provided by 99 from time-to-time.
99 relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to the Customer. Whilst 99 takes all reasonable steps available to it to provide the Customer with a good level of service, 99 does not guarantee that such service shall be fault free or uninterrupted at all times. 99 therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of 99’s service providers.
Except as expressly set out herein, to the maximum extent permitted by law, 99 expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
99 may display or provide links or other interaction with third party websites and third party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide the Customer with the opportunity to connect, import and publish Listings and other Customer Information through Third Party Websites and other third party services such as social networking and property portal sites. Use of any such Third Party Websites and services shall be at the risk of the Customer and subject to the terms and conditions of the Third Party Website provider.
Limitation of liability
Subject to clauses 7.2 and 7.3, the maximum aggregate liability of 99 (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Services and/or these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a sum equivalent to the total Fees received by 99 for a period of six (6) months preceding the event giving rise to liability.
To the extent permitted by law, 99 expressly excludes:
all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
loss of profit;
loss of income or revenue;
loss of business or contracts;
loss of data;
loss of goodwill and reputation;
loss of expectation;
loss of opportunity; or
loss arising out of or in connection with wasted management or office time;
arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Nothing in these Terms shall serve to limit or exclude 99’s liability for death or personal injury resulting from 99’s negligence or any liability for fraudulent misrepresentation.
Intellectual property rights
99 and its licensors own all rights in the intellectual property rights relating to the Services and the Website, including but not limited to all software forming part of the Website ("Software"). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from 99 to the Customer any of the Software or Website, and all right, title and interest in and to the Software and the Website will remain exclusively with 99 and/or 99’s licensors. All rights in and to the Software and the Website not expressly granted to the Customer are reserved by 99 and the relevant third party licensors.
The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer; and the Customer may draw the attention of other Users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.
The Customer shall not, and shall procure that Collaborators shall not:
modify, translate, create or attempt to create derivative copies of or copy the Software or the Website in whole or in part;
reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software or the Website to source code form;
distribute, sub-licence, assign, share, timeshare, buy, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or the Website or the Customer’s right to use the Software or the Website.
The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information, the Listings and all information and materials provided by the Customer to 99.
The Customer hereby grants 99, a perpetual, sub-licensable, worldwide, royalty-free licence to import from Third Party Websites, enhance, publish and make available on the Website the Customer Information, Listings and all other information and material provided by the Customer to 99 in respect of the Services, for the purpose of providing the Services to the Customer.
The Customer hereby indemnifies 99 against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information, Listings, and all other information and material provided by the Customer to 99.
The Customer and 99 shall comply with the Personal Data Protection Act 2012 and all other successor legislation and regulation in the performance of the obligations set out under these Terms.
For personal data which is processed by 99 on the Customer’s behalf as part of the Services, 99 will act strictly in accordance with the Customer’s instructions by following such processing and security obligations as are contained in these Terms. The Customer confirms that it is solely responsible for ensuring that any such processing and security obligations comply with all applicable data protection law and legislation. The Customer hereby indemnifies 99 against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 9.
If 99 fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by 99 of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
All notification and communication to 99 should be sent to the contact details made available to the Customer on the Website.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms represent the entire agreement between the Customer and 99 in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.
99 reserves the right to modify these Terms at any time. Any changes 99 may make to this document in the future will be notified and made available to the Customer using the Website.
These Terms shall be governed by and construed in accordance with Singapore law and shall be subject to the exclusive jurisdiction of Singapore courts.