General Terms and Conditions
HotProperty.ph and HotProperty Philippines Online Inc.
for all Listing Services and Products
Section A: Definitions
"HotProperty.ph" means the website operated by HotProperty Philippines Online Inc., an entity incorporated in the Philippines for the purposes of providing an online marketplace for real estate buyers and sellers, and related market activity
“Website” means the HotProperty.ph website and any related and owned sub-domains, and covers any
“We /our /us” means HotProperty.ph and HotProperty Philippines Online Inc., a Company incorporated in the Philippines.
“You” means you, as user of HotProperty.ph website and any related sub-domains.
"Order" means any Listing Service or Product provided by HotProperty.ph to you, whether free or paid, that you have subscribed to and agreed to all relevant terms and conditions.
"Listing Services and Products" means any general property listing of any type or other related services that you have Ordered.
“Office” means any physical office used in the conduct of your business.
“Authorised Representative” means any Director, Officer or Employee that has a current valid employment contract or other services agreement or current Directorship as noted on record at the Philippines Securities and Exchange Commission, and is Authorised by HotProperty Philippines Online Inc. to act as an Authorised Representative to interact with you.
Section B: Agreement with HotProperty.ph
Users of HotProperty.ph website and any related and owned sub-domains agree to the following:
a) the General Terms and Conditions which may be varied from time to time;
b) any physical document or electronic agreement we make available to you, that you sign or otherwise indicate your agreement to, which identifies a Listing Service or Product made available to you, whether paid or free.
c) any other product specific Terms and Conditions applicable to the any listing service or other product provided by HotProperty.ph; and
d) If available to you, any terms and conditions applicable to for an application of credit.
All terms and conditions and other documents referenced above may be amended from time to time in accordance with this agreement, are referred to collectively as “this Agreement” and comprise the entire agreement between us about its subject matter.
This Agreement supersedes all prior understandings, agreements or representations and you may not rely on any representations or warranties about the subject matter of this Agreement except as expressly provided in this Agreement.
Section C: Term of this Agreement
The "Term" of this Agreement for your Listing Service or Product is the term indicated in your Order subject to early termination in accordance with this Agreement.
The Order specifies your Listing Services and Product Term (usually 3 months with the exception of home page feature listings which are generally 1 month).
Following the expiry of the Term, your Order will terminate and the Listing Services or Products provided by HotProperty.ph will terminate, unless a further Order and additional further Term is entered into in accordance with this Agreement.
If you wish for your Order beyond the current Term to continue for a further Term, you must provide us written notice of your intention to continue for a further additional Term.
Section D: Warranties and Representations from You
You warrant and represent to us that at all times during the Term of this Agreement:
a) you hold all relevant required licences or accreditations to sell or lease all your listings on the HotProperty.ph website;
b) you have authority to sell or lease all your listings on the HotProperty.ph website and have the proper authorities in place required by Law in the Philippines; and
c) you will comply with all your obligations set out in this Agreement.
Section E: You Acknowledge in Using HotProperty.ph
You acknowledge that at all times during the Term of this Agreement:
b) in acknowledgment for your right to upload listings to the website and / or use other products we provide, you grant us an irrevocable, perpetual, world-wide, royalty free licence to publish, copy, licence to other persons, use and adapt for any purpose related to our websites any content you provide to us during the Term, and this licence survives termination of this Agreement by you or us;
c) we may take any action we deem appropriate in relation to your listings if we consider there has been a breach of this Agreement, including removing listings from the website;
d) you are solely responsible for the content your listings and any errors or omissions in your listings – our role is one of publisher;
e) we may change this Agreement from time to time without notice;
f) the terms and conditions applicable to your Order and related Listing Service and Products at any point in time are the relevant terms and conditions published on the HotProperty.ph website at that point in time as amended in accordance with the provisions above;
g) all features of our subscriptions and products are subject to change, development and discontinuation (we will notify you when this happens);
h) we cannot guarantee the continuous or fault-free operation of the website or other services we provide you and, without limitation, systems or technological failure or delay may impede or prevent access to the website and other services;
i) we offer a number of different subscriptions and products and the availability of these subscriptions and products, and any special terms applying to them, is at our discretion (we will act reasonably). We may, in our absolute discretion having regard to your usual business activities, determine which subscription type is the most appropriate for you and require you to take, or transfer to that subscription. You may only purchase products available to, and at the price applicable to, your subscription type. If we deny access to any particular subscription or product we will notify you of the reasons;
j) we may contact you from time to time in relation to products and services offered by us or our business partners and you authorise us:
i. to contact you via phone, email, text message and other electronic media, unless you explicitly request us not to contact you via these media; and
ii. to contact you via any of these methods without including an unsubscribe facility, to the extent permitted by law
Section F: Your obligations to HotProperty.ph
Your obligations to us are as follows:
a) you will only upload listings to the website through us or yourself or via an authorised third party who has agreed to our terms and conditions for uploading properties to the website;
b) you will comply with any direction we give to in relation to your listings, including amending or updating listings;
d) you must pay the cost of all telecommunications and internet access charges incurred when using the website, whether or not such access has been arranged by us;
e) you will ensure that your listings are not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
f) you will comply with all applicable laws of the Philippines and any other applicable advertising standards and regulations of the Philippines;
g) you will comply with any guidelines and codes issued by your organisation or association or other body you are member of in relation to your listing;
h) you will ensure that your username and password for HotProperty.ph is kept secure and only disclosed to persons authorised to incur charges on your behalf. You are responsible for all and any use of the HotProperty.ph website and its related Listing Services and Products which have been created and listed and / or advertised using your username and password by any person whether authorised or otherwise and, without limitation, you must pay any charges incurred as a result of that use;
i) you undertake that you will only collect, use, disclose and store personal information obtained through our Website or related sub-domains or links including information obtained through leads generated by HotProperty.ph users submitting enquiries through our Website, for the sole purpose of contacting the person enquiring in relation to the specific property they have enquired about; and
j) you may only have one subscription per Office unless authorised in writing by HotProperty.ph.
Section G: Incomplete of Failure To Provide Account Details and/or Address Details:
Your personal details with HotProperty.ph should include your complete address, as you may be listing real estate and properties which may be the subject of the Housing and Land Use Regulatory Board (HLURB) regulations. In case of any question or other inquiries on the content of your Listing Service and Products, you should have complete account details and a complete address where we can contact you.
All property listing ads must contain the full address of the property advertised for sale or for rent so that the property can be located accurately on the HotProperty.ph. You are required for ALL Listing Services and Products to provide an accurate and complete address so that the property shows up on a street level search. Note, you could choose to hide the address when publishing on the Listing search results.
Failure to provide a complete and accurate address and other account details will result in suspension of your membership and/or Listing Service and Products Ordered, and if not remedied with 3 business days we may terminate your membership and Listing Services and products without notice by HotProperty.ph, with no refund of any payments made.
Section H: Termination and/or suspension by HotProperty.ph
We may terminate this Agreement at any time for any reason. If we terminate this Agreement then you will not be required to pay any fees in respect of the period after effective termination.
We may immediately terminate this Agreement or suspend any of your Listings Services and Products Ordered, if:
a) you fail to pay any fees or charges due to us by the due date;
b) we reasonably consider that any of your warranties or representations in this Agreement are incorrect;
c) you act contrary to your acknowledgements in this Agreement;
d) you are in breach of your obligations in this Agreement;
e) you breach any other part of this Agreement and fail to rectify the breach within 3 days of us giving you notice of the breach and requiring that it be remedied; or
f) any statement you make to us or any content or material supplied by you on our website is false or misleading.
Section I: Your termination of your Listing Service or Product
You may terminate your Listing Service or Product or membership to HotProperty.ph in accordance with this Agreement.
You may not terminate your Listing Service or Product before the end of the Listing Service or Products first Ordered Term, nor may you terminate any terminate your Listing Service or Product before the end of its Term set out in the Order. If you purport to terminate early you acknowledge that you shall remain liable for the fees payable under this Agreement until expiry.
If you give notice of termination of your terminate your Listing Service or Product after the expiry of the Orders first Term but before the expiry of a Further Term, you acknowledge that you shall remain liable for the fees payable under this Agreement.
Section J: Effect of termination by HotProperty.ph
Termination of this Agreement or temporary removal of your Listing Service or Product pursuant to this Agreement does not:
a) relieve you of your liability to pay fees due under the Order; or
b) waive any breach of this Agreement by you.
Section K: HotProperty.ph Should Not Appear as a Broker or Agent on Advertisements
HotProperty.ph is an online portal and marketplace and IS NOT a real estate and / or development Company, and does not perform real estate and / or brokerage transactions. HotProperty.ph or any related sub-domains does not act as should not appear in your Listings Services and Products and any related Advertisements you generate and publically display as acting as, a real estate agent or broker for you or any other user.
HotProperty.ph does not sell, buy, or negotiate the purchase, sale, or exchange of real property.
HotProperty.ph does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
(a) Advertisements and / or Listing Services and Products must not imply a HotProperty.ph endorsement or partnership of any kind defined under Philippine Laws; and
(b) All advertisements must not use our copyrights, trademarks, or any confusingly similar marks, without our prior written permission of HotProperty.ph.
Section L: Fees and billing
The fees for your Order of any Listing Service or Product are payable from the date specified in your Order.
We reserve the right to change the fees for any Listing Service or Product at any time.
We will not display an Ordered Listing Service or Product made by you until all fees under your Order have been paid and deposited into the nominated bank account of HotProperty.ph noted on your order.
We will not be liable for any Order made for a Listing Service or Product received by you that has not been issued by an Authorised Representative of HotProperty.ph.
Any failure to receive an invoice does not relieve you of liability for payment of fees.
At HotProperty.ph’s discretion, we may send invoices to you by email or such other electronic method as we notify to you, or by mail or courier. Upon request you will advise us an email address to which we may send your invoices. It is your responsibility to ensure that email address is accurate, is up-to-date, is functioning properly and is regularly monitored. It is also your responsibility to advise us of any changes to the email address to which invoices should be sent. If an email address notified by you ceases to function properly or otherwise should be amended, you will promptly provide an alternate email address for the purpose of receiving invoices. Invoices are deemed to be received by you on the date shown by our email system as the sent date.
Any failure to receive an invoice does not relieve you of liability for payment of fees by the due date shown on the invoice
If we do not receive payment by the due date then we will not advertise your Ordered Listing Service or Product.
You will pay all taxes, duties and other government charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future including, without limitation, any applicable value added taxes (VAT), withholding taxes (WHT) or other taxes related to your Order.
Section M: Credit provisions made to You
You acknowledge and agree that if we consider it relevant, we may at any time:
a) obtain from a credit reporting agency, a credit report containing personal credit information about you or your directors and officers, in relation to any commercial credit we provide or consider providing to you;
b) receive from a credit reporting agency, a credit report containing personal information about you or your directors and officers in relation to overdue payments; and
c) give information to, or seek information from, any credit provider named in a credit report issued by a credit reporting agency, and such information may include details of your credit arrangements, credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other, as allowed under Philippines Law.
Section N: Limitation of liability and indemnity
To the extent allowable under the any Philippine law or any other applicable law or your jurisdiction, we:
a) exclude all conditions and warranties implied into this Agreement;
b) exclude consequential, special or indirect loss or damage;
c) limit our liability for breach of any condition or warranty that we cannot exclude; and
d) limit our liability in respect of any other claim under or in connection with this Agreement, to the amount paid to us by you under this Agreement and reduce that liability to the extent you cause or contribute to the loss the subject of the claim.
You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under this Agreement. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.
We will not be liable under this Agreement to the extent that liability is caused by:
a) any breach of your obligations under this Agreement or a negligent act or omission by you; or
b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our website.
You indemnify HotProperty.ph and HotProperty Philippines Online Inc. and our Directors, officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs, including legal expenses on a solicitor and own client basis, incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any content or material uploaded or submitted by you in connection with this Agreement or any other act or omission by you in connection with your use of the website or our other services.
Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.
By using the HotProperty.ph website, you agree, to the extent permitted by law, to indemnify and hold HotProperty.ph and HotProperty Philippines Online Inc. and its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this Agreement, your use of any HotProperty Listing Services and Products, or any action taken by HotProperty.ph as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred.
For avoidance of doubt, you cannot sue or recover any damages from HotProperty.ph and Hot Property Philippines Online Inc. and its directors, officers, employees, affiliates or agents as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to any HotProperty.ph Listing Service and Products, or to take any other action during the investigation of a suspected violation or as a result of HotProperty.ph conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
Section O: Assisted and other Posting of Listing Service and Products
Users of HotProperty.ph Listing Services and Products may have the option to upload their Listing Services and Products themselves, or have a limited number of listings uploaded by the HotProperty.ph employees and approved agents of HotProperty.ph for you.
If you elect for your Listing Services and Products to be uploaded by HotProperty.ph, you acknowledge it may take up to 2 weeks before the Ordered Listing Services and Products are upload by HotProperty.ph. In using HotProperty.ph uploading services you acknowledge that HotProperty.ph makes no guarantee when an Ordered Listing Services and Products will be uploaded.
HotProperty.ph makes no guarantee or otherwise as noted in this Agreement, to the content and its accuracy, uploaded by HotProperty.ph on your behalf. You are to ensure the accuracy and compliance with Philippine law of all content listed on your behalf by HotProperty.ph.
Section P: Assignment of Your Agreement with HotProperty.ph
You must not assign this Agreement without our prior written consent.
We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.
Section Q: Notices from HotProperty.ph
We will send all notices and other communications to you at the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.
All notices from you to us (including termination notices) must be sent:
a) by email to firstname.lastname@example.org or
b) to the contact details as noted in your Order.
It is your responsibility to check these General Terms and Conditions for the current contact details.
Section R: General provisions relating to rights and other remedies
No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by us will be effective unless it is in writing.
If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of this Agreement has full force and effect.
Our rights and remedies provided in this Agreement are in addition to other rights and remedies given to us by law.
Section S: Force Majeure
HotProperty.ph shall not be liable for loss or damage or deemed to be in breach of its obligations if its failure to perform its obligations under this Agreement which may result from:
a) acts of God;
b) fires, strikes, war, or riot;
c) typhoons or earthquakes;
d) governmental restrictions (including delay in, or rejection of, the issuance of permits or approvals); or
e) changes of law that affect HotProperty.ph business; or any other similar event or cause.
Section T: Miscellaneous
This Agreement constitutes the entire agreement between you and HotProperty.ph and HotProperty Philippines Online Inc. and governs your use of HotProperty.ph and its website, related sub-domains, Listing Products and Services, superseding any prior agreements between you and HotProperty.ph.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
HotProperty.ph’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
HotProperty.ph will not be responsible for failures to fulfil any obligations due to causes beyond its control.
Section S: Governing Law
This Agreement is governed by the laws and regulations of the Philippines.
Last Updated: 1 Sep 2016