PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, WEBSITE, OR SERVICES PROVIDED FROM THE APP OR WEBSITE.
Last Updated: October 2016
This document sets out the terms and Conditions (“Terms”) on which Ohmyhome Pte Ltd (UEN No.: 201525768E) of 46 Kim Yam Road, #02-22 The Herencia, Singapore 239351 (”Ohmyhome”, “we” or “us”) provides customers with access and use of the Ohmyhome mobile application software program (“App”) and the www.omh.sg website (“Website”). The term “you” refers to the user or viewer of the App and/or Website.
The App and Website are hereinafter collectively referred to as “OMH”.
Key Terms & Definitions
“Content” means text, graphics, images, music, software (excluding the App), audio, video, information, data, or other materials.
“Guest” means a user who does not create an account with OMH and is not a Member.
“Home Owner” means a Member who creates a Listing via OMH.
“Listing” means descriptions of residential properties that are listed by a Home Owner as available for sale or rental via OMH.
“Member” means a user who completes the account registration process in accordance with Clause 4 below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, or includes in their Listing or Member profile to Ohmyhome or made available through OMH.
“Ohmyhome Content” means all Content that Ohmyhome makes available through OMH to Guests and Members including any content licensed from a third party, but excluding Member Content.
“Services” means the features available under the App and Website including browsing, posting, and managing Listings.
A reference to “person” shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, syndicate or other business enterprise, any governmental, administrative or regulatory authority or agency, and their respective successors, legal personal representatives and assigns, as the case may be, and pronouns shall have a similarly extended meaning.
- Acceptance of Terms
- If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the full capacity and authority to enter into this agreement on behalf of the company or other legal entity, and in such event, “you” and “your” will refer and apply to that company or other legal entity.
- By using and accessing OMH, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information submitted via OMH may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- We may amend these Terms at any time and without prior notice. Such amendments will be effective immediately and shall apply to any information you provide, or your use of the Services. Your use and access of OMH after the amendments to these Terms will constitute your acceptance to the terms and conditions, as modified.
- OMH may contain links to other third-party websites. These websites are not under Ohmyhome’s control, and we are not responsible for and do not endorse their content or their privacy policies (if any). Your access and use of these third-party websites may constitute acceptance of their terms of service, which are exclusive to these Terms.
- By accessing, downloading or using Google Maps in OMH, you agree to be bound by any applicable terms and conditions of Google Maps in connection with its use.
- In the event that you access, download or use the App through any application, electronic store or database, you also agree to be bound by the terms of service of such application, electronic store or database.
- Grant and Scope of License in Respect of the APP
- In consideration of you agreeing to abide by the Terms and in respect of your use of the App, we grant you a non-transferable, non-exclusive license to download and install a copy of the App on each mobile device that you own or control and to run such copy of the App solely for your personal use.
- Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable licence to (i) access and view any Ohmyhome Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
- Except as expressly set out in the Terms or as permitted by any local law, you agree:
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
- to exercise best endeavours to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
- not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
- to comply with all applicable laws and regulations relating to the technology used or supported by OMH (“Technology”) for the time being in force.
(Collectively, “License Restrictions”)
- General Use Restrictions
You agree that you shall not:
- use OMH or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
- infringe Ohmyhome’s intellectual property rights or those of any third party in relation to your use of OMH, including the submission of Member Content;
- transmit any material that is threatening, infringing, defamatory, offensive, illegal or otherwise objectionable in relation to your use of OMH or any Service;
- use OMH or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from OMH or OMH’s systems or attempt to decipher any transmissions to or from the servers running OMH.
(Collectively, “User Restrictions”)
- Account Registration
- In order to access all of the Services and Member Content, you must register to create an account with Ohmyhome (“OMH Account”) to become a Member. A Guest may only access Ohmyhome Content and browse through the Listings but will not be able to contact Home Owners for viewings or post a Listing.
- You are not allowed to set up multiple OMH Accounts. If we have reason to believe that you have done so, we reserve the right to take all steps in accordance with Clause 4.8.
- In registering with Ohmyhome to become a Member, you represent, warrant and undertake that:
- you are at least 21 years of age;
- you are using your real identity;
- the information and personal particulars you have provided to Ohmyhome are true, accurate, complete, and current information; and
- you will maintain and promptly update such information and personal particulars provided and ensure that such information is kept accurate, complete, and current.
- Users below the age of 21 years are not eligible to use OMH or provide any information or personal particulars to OMH unsupervised. If you are below 21 years of age, you may use OMH and/or provide any information or personal particulars on OMH only after you have obtained consent from your parents/legal guardian or if you are under the supervision of your parent/legal guardian.
- In the event that we have given you (or where you have chosen) a password which enables you to access certain parts of OMH, you acknowledge that you are fully responsible for maintaining the confidentiality of your password, and all activities occurring under your OMH Account.
- You agree to notify us of any breach of security of your password.
- We do not verify the accuracy, correctness or completeness, or edit and modify any Member Content or any Content created, used, or submitted by you on OMH to determine whether it may result in any liability to any third party. You hereby warrant that you have the right to use all such Content and use of such Content does not infringe on any third party’s intellectual property rights.
- Notwithstanding Clause 4.7 above, we reserve the right to conduct verification and security procedures in respect of all information and Content provided by you to us. If we have reason to believe that any information, personal particulars and/or Content provided by you in registration or through the Services breaches or is likely to breach any of the Terms, we reserve the right to limit, suspend, deactivate, or terminate your Listings or your OMH Account. Any reinstatement of your Listings or your OMH Account shall be in our sole discretion. If you have reason to believe that OMH’s suspension, deactivation or termination of your Listings or your OMH Account is wrong, you may contact us (pursuant to Clause 15 below) providing sufficient details of your complaint (the “Complaint”) as follows:
- your particulars, including your full name, address, telephone number, and email address such that you may be contacted about your notice;
- a description and particulars of the complaint; and
- a signed statement that the above information is accurate.
- Ohmyhome’s verification and security procedures do not constitute an endorsement, certification, or guarantee of any Member, Member’s Content, or Listing, including of the Member’s identity and whether the Member is trustworthy, safe, or suitable.
- Any references in OMH to a Member or a Listing being “verified” only indicate that the Member has completed a relevant verification and security procedure.
- We will not be liable for any loss or damages from your failure to comply with any obligations set out in this Clause 4.
- Warranties and Disclaimers
- Your use of OMH is at your sole risk. To the maximum extent permissible by law, we disclaim any and all warranties of any kind, whether express or implied in connection with OMH and the Services.
- We make no warranty that:
- OMH and the Services will be fit for any particular purpose;
- OMH and the Services will meet your requirements; or
- the Listings will be accurate.
- Access to OMH and the Services is reliant on third party service providers, including but not limited to network providers, data centres, software and software platform developers, web platforms and telecommunication providers. Ohmyhome makes no warranty that access to OMH will be uninterrupted, timely, secure, error-free, or available at any time or all times.
- You are solely responsible for all your communications and interactions with other users of the Website, App or Services and with other persons with whom you communicate or interact as a result of your use of the Website, App or Services, including but not limited to any Members.
- We do not endorse and are not responsible for any messages, views, opinions, research and recommendations of individuals, users and organisations of deemed interest or advocate any patronage of any particular service provider, course of treatment or commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion of any link to other third party websites and/or service providers imply any form of endorsement by us.
- By making available any information and data on OMH, including facts, views, opinions, and recommendations of individuals and organisations of deemed interest, Ohmyhome is not giving or purporting to give or representing or holding themselves out as giving financial, tax, legal and otherwise professional advice. You shall always seek the relevant professional advice before otherwise making any such decisions.
- By using and accessing OMH, you acknowledge and agree that Ohmyhome Content may only be used for your personal use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction, or circulation to someone else in the same company or organisation, and not for posting to other websites, forums, newsgroups, mailing lists, bulletin boards, or other services operated by other websites.
- OMH is an online platform through which Home Owners create Listings for the sale or rental of their residential properties and Members may learn about and make enquiries directly with the Home Owner. You understand and agree that:
- Ohmyhome is not a party to any agreements entered into between the Home Owner and buyer or tenant;
- Ohmyhome has no control over the conduct of other users of the App, Website, and Services and may only take steps pursuant to Clause 4.8 in its own discretion;
- Ohmyhome has no control over the Listings; and
- Ohmyhome disclaims all liability in this regard to the maximum extent permitted by law.
You agree and undertake to hold completely harmless and keep us and our affiliates, officers, agents or other partners, and employees (collectively, the “Indemnified Parties”), fully and effectively indemnified against any and all losses, costs, damages, claims, demands, actions, proceedings, liabilities and expenses whatsoever (including but not limited to all legal costs or attorney’s fees on a full indemnity basis) that may be made against or suffered or incurred by us or any of the Indemnified Parties arising out of or in connection with:
- your access to or use of the OMH, the Services, or Content;
- your Member Content;
- your interaction with any Member;
- your creation of a Listing; and/or
- your violation of these Terms.
- Limitation of Liability
You agree that notwithstanding anything in these Terms, we shall not be liable to you, in contract, tort (including negligence) or otherwise howsoever, and whatsoever the cause thereof for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your use or access of OMH and the Services.
- Intellectual Property Rights
- You acknowledge that all intellectual property rights (“IP”) in OMH and the Technology anywhere in the world belong to Ohmyhome and their licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the OMH or the Technology other than the right to use each of them in accordance with the terms of these Terms.
- You acknowledge that you have no right to have access to the App in source-code form.
- You hereby grant to Ohmyhome and its affiliates a worldwide, irrevocable, non-exclusive, transferable license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content either on, through, by means of, to promote, or market OMH. Ohmyhome does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
- Ohmyhome may invite you to submit reviews and/or testimonials in relation to the Ohmyhome Services provided. By providing such reviews and/or testimonials, you consent and grant Ohmyhome and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display the reviews and/or testimonials throughout the world in any media, now known or hereafter devised, for the purposes of promote, or market OMH; and (b) use the name that you submit in connection with such reviews and/or testimonials. You acknowledge that Ohmyhome may choose to provide attribution of your comments or reviews at its discretion. You further grant Ohmyhome the right to pursue at law any person or entity that violates yours or Ohmyhome’s rights in the reviews and/or testimonials by a breach of these Terms. You acknowledge and agree that the reviews and/or testimonials you submit are non-confidential and non-proprietary.
- IP Infringement Policy
- If you believe that your IP rights have been infringed, you may send a notice of infringement to Ohmyhome (the “Notice”) at firstname.lastname@example.org, providing the following information:
- your particulars, including your full name, address, telephone number, and email address such that you may be contacted about your notice;
- particulars of the alleged infringer, particulars of the alleged infringing material (including a description of where it is located) and the rights which you claim has been infringed; and
- a signed statement that the above information is accurate, and that Ohmyhome’s infringement agent may contact you about the Notice. In doing so, you also warrant that you are (i) the owner of the IP rights; or (ii) you are authorised by the owner (whether by obtaining the owner’s consent or by operation of law) to act on the owner’s behalf in lodging the Notice.
- Ohmyhome will only accept Notices in the English language that complies with the above. Ohmyhome retains the sole discretion to take any action against such IP infringers.
- Additional Terms for Listings
- We reserve the unconditional right to approve or reject any Listing at our sole discretion without providing reasons to the Home Owner. We retain full discretion as to the publication of any Listing.
- The Home Owner shall be responsible to check and endorse all contents of the Listing and the accuracy and veracity of the same before it is published or repeated and the Home Owner shall be solely and fully responsible for any indirect or consequential losses to the Home Owner or any third party for such errors.
- The Home Owner understands and accepts that OMH may not review the contents of any Listing. The publication of any Listing will not be deemed to constitute an acceptance by OMH that such Listing complies with the Terms.
- The Home Owner represents that the contents of the Listing are true, current and accurate, and do not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information.
- Additional Terms for Use of Estate Agency Work
Where you will be engaging Ohmyhome and/or its representatives in respect of estate agency work, you acknowledge and agree that you will be required to enter into such further prescribed forms and/or documents under the applicable legislations or laws, or as reasonably required by Ohmyhome.
- By accepting these Terms, you acknowledge and agree that OMH may collect, use and disclose your Personal Data (as defined below) as provided in these Terms, or (if applicable) obtained by Ohmyhome’s organisation, subsidiaries, affiliates, officers, agents or other partners, and employees as a result of the Home Owner’s Listing and usage of the App, in accordance with the Personal Data Protection Act 2012 (No. 26 of 2012) and as may be amended or supplemented from time to time (the “Act”).
Collection of Personal Data
- Ohmyhome may collect the following information (“Personal Data”) from you or your authorised representatives, from third parties, or from publicly available sources through OMH in the following ways:
- The information you provide Ohmyhome about yourself by filling in forms or questionnaires on OMH or by corresponding with Ohmyhome;
- The information you provide Ohmyhome through registration of an OMH Account or Listing;
- The information you provide Ohmyhome using credentials from third party platforms and applications (e.g. Facebook, Google). You authorise us to collect your authentication information, such as your username and encrypted access credentials. We may collect other information available on or through your third party application account, including but not limited to your profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures and networks;
- Any Personal Data relating to a third party (e.g. information of your spouse, children, parents etc.) that you provide to us on the basis that you represent that, by submitting such information to us, you have obtained the consent of the third party to provide us with their Personal Data;
- Your location information determined by GPS technology. You can withdraw consent at any time by not advancing further in the App, or by deactivating the service on your mobile device or computer;
- Your information that Ohmyhome receives from other third party sources; and
- Where you contact us, a record of that correspondence may be kept for our internal training and quality-assurance purposes.
Purposes of the Collection, Usage and Disclosure of Personal Data
- Generally, we may use and/or disclose your Personal Data to our affiliates and subsidiaries, and their officers, directors, employees, business partners and agents for the following purposes, where permitted by the Act:
- To improve your browsing and user experience by personalising OMH;
- To enable your use of the Services;
- Where you have enabled integration with third party platforms and applications (e.g. Facebook, Google), we may use your public information to promote the Services. Your information may be used to notify others including within OMH, via email and through the third party platforms and applications, about your use of the Services;
- To provide to you the Services you have specifically requested;
- To respond to your queries and requests and acting on complaints, suggestions, and/or submission of form(s) on OMH;
- To manage our infrastructure and business operations and comply with internal policies and procedures;
- To verify your identity, Listings, or any submitted Content;
- To match any Personal Data held which relates to you for any of the purposes listed herein;
- To provide media announcement and responses;
- To perform analytics and tracking, and conducting market research;
- To monitor or record phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
- To conduct audits, reviews, and analysis of our internal processes, action planning, and managing commercial risk;
- To comply with any applicable rules, laws and regulations, codes of practice or guidelines, or to assist in law enforcement and investigations by relevant authorities; and
- Purposes which are reasonably related to the aforesaid.
Disclosures of Personal Data
- Ohmyhome may further disclose your Personal Data to third parties such as service providers and professional advisers for the following purposes:
- To enforce or apply these Terms;
- To protect our rights, property and safety, and the rights, property, and safety of our affiliates and subsidiaries, and other users of OMH, and others;
- To assist companies providing services relating to insurance and consultancy to Ohmyhome;
- To assist vendors or third party service providers in connection with marketing promotions and services offered by Ohmyhome or its preferred partners;
- To third party service providers and/or platforms and applications in connection with enabling your OMH Account and providing additional features and personalising your App experience,
- In connection with any claim, demands, legal proceedings or prospective legal proceedings;
- In connection with a business asset acquisition by Ohmyhome, including the sale, purchase, merger, amalgamation or any other acquisition, disposal, or financing of an organisation, a portion of an organisation, or any of the business or assets of an organisation; and
- To comply with any applicable rules, laws and regulations, codes of practice or guidelines, or to assist in law enforcement and investigations by relevant authorities.
Usage of Cookies
- To provide you with a better user experience while using OMH, as well as improve OMH. This enables certain features and functions on our website, such as remembering your OMH Account information, or browsing preferences for the Services;
- To improve the efficiency of OMH;
- To administer services to you and to advertisers;
- To establish usage statistics; and
- To allow business partners to collect information about your online activities through the cookies and other Technology when you use OMH and the Services. The information gathered by these business partners are personally non-identifiable information which is used to make predictions about your interests, characteristics, or preferences and to personalise advertising you may encounter on OMH and on other websites.
You may disable the collection of cookies associated with the above by changing the setting on your browser. You acknowledge that this may materially affect your usage of OMH.
- We will take reasonable technical precautions to prevent the loss, misuse or alteration of your Personal Data. We will store all Personal Data on secure servers.
- OMH may, from time to time, contain links to and from websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that Ohmyhome does not accept any responsibility or liability for any policies or for any personal data that may be collected through these websites or services, such as your contact and location data. Please check these policies before submitting any personal data to these websites or using these services.
- Parties to these Terms shall comply with the Act and all other successor legislation and regulation in the performance of the obligations set out under these Terms.
Withdrawal of Consent
- You may withdraw consent in respect of any collection, use, or disclosure of your Personal Data or make corrections to your Personal Data records by notifying Ohmyhome’s Personal Data Protection Officer in accordance with Clause 15.2.
- Where your Personal Data has been received from third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies), you should contact such party directly to make any queries, feedback, and access and correction requests to Ohmyhome on your behalf.
- Please note that if you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, Ohmyhome may not be in a position to continue to provide its products or services to you or administer any contractual relationship in place, and this may also result in the termination of any agreements with Ohmyhome and your being in breach of your contractual obligations or undertakings, and Ohmyhome’s legal rights and remedies in such event are expressly reserved.
- We may terminate your OMH Account immediately without prior notice under certain circumstances at our own discretion, such circumstances shall include (but is not limited to):
- breaches or violations of the Terms or other incorporated documents, guidelines or rules;
- request by law enforcement or other government agencies;
- self-initiated account deletions;
- infringement of intellectual property rights of others;
- discontinuance or material modification to OMH’s Services, or part thereof;
- unexpected technical or security issues or problems; or
- extended periods of inactivity.
- Termination of your OMH Account shall result in:
- removal of access to and barring of further use to all of OMH’s Services that are associated with such your OMH Account; and
- deletion of your password and all related information, files and content associated with or inside your OMH Account (or part thereof).
- Termination of your OMH Account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
- General Terms
- Death (for individuals only)
Any OMH Account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.
Ohmyhome’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. No waiver by Ohmyhome of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
- No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
- Third Party Rights
A person who is not a party to these Terms shall not have any rights to enforce its terms.
- Governing Law & Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
- Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, shall be in writing and made by Ohmyhome:
- via a posting circulated through the App or Website; and/or
- via the email address you provided when registering for your OMH Account (where applicable).
- All notices to Ohmyhome pursuant to these Terms shall be given:
- via email to email@example.com; or
- via the OMH hotline at +65 6100 1009 and/or +65 9755 1009;
- via post or fax to
Ohmyhome Pte Ltd
46 Kim Yam Road
#02-22 The Herencia
- For notices made by email, the date of receipt will be deemed the date on which such notice is successfully sent.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.