Terms of Sale
1.1 By purchasing any product or service, which for the purposes of these Terms of Sale includes utilising MixGo products and/or services on a complimentary basis as well as activating a Trial Account ("Services") from MixGo Singapore Pte Ltd or its related companies ("MixGo"), including access to websites or applications owned or administered by MixGo, data and advertising/marketing products and services, you ( the "Purchaser") has entered into a legally binding agreement with MixGo.
1.2 The terms set out in section 2 of these Terms of Sale apply to all purchases. Additional terms may apply to the sale of specific products or services.
1.5 Unless expressly set out in the Terms of Sale, no party other than the purchaser shall acquire any rights whatsoever under the Terms of Sale by virtue of the Contract (Rights of Third Parties) Act (Cap. 53B) or otherwise.
2. GENERAL TERMS
2.1.1 Purchases are limited to the subscription, products and/or services expressly identified in the Terms of Sale and/or recorded in the invoice.
2.1.2 For that avoidance of doubt any purchaser may not rely on any term or condition unless it is in writing and forms part of these Terms of Sale or any related product or service specific Term of Sale. MixGo provides absolutely no warranty as to the results achieved by Purchasers using our products or services.
2.1.3 Products purchased for individual use are non-transferable and are not permitted to be shared.
2.1.4 The purchaser must at their own cost provide any computer and/or device required to access any subscription and/or services or products. Similarly, the purchaser must at their own cost provide any internet access required to access any subscription and/or services or products.
2.1.5 Unless otherwise specified in writing all subscriptions are for a 12-month period from the date of purchase.
2.1.6 Product purchases may only be made through MixGo websites or applications or from an authorised person of MixGo.
2.1.7 If a purchaser fails to utilise products and/or services during the active period and before expiry date of their subscription, those products or services will be forfeited. The time period cannot be extended.
2.1.8 If a purchaser renews their subscription term, any unutilised benefits products or services will not be carried over.
2.2.1 Your right to use any Products or Services is wholly dependent upon having made payment for those Products and or Services and your use is limited to the Product(s) and/or Service(s) recorded in the invoice.
2.2.2 The purchaser has absolute responsibility for their choice of method or payment and as such bears sole responsibility for any charges and/or fees incurred by their nominated payment method. Similarly, if the purchaser chooses to change their method of payment, the purchaser bears sole responsibility for any consequential charges and/or fees that may be incurred.
2.2.3 If a purchaser nominates to make payment by way of cheque, the provision of the purchased subscription, service and/or product shall only be made available to the purchaser upon the cheque being cleared by MixGo's Bank of choice. Any fees incurred by virtue of a cheque that fails to clear shall be paid expeditiously and in full by the purchaser.
2.3.1 The cost of any subscription, service or product offered by MixGo to a prospective purchaser may change from time to time at the sole discretion of MixGo.
2.4 Refunds & Exchanges
2.4.1 All sales are final. Refunds are not permitted. Transfers, exchanges or substitutions of one product for another product or service are not permitted save for in exceptional circumstances and at the sole discretion of MixGo.
2.5 Policy of Acceptable Use
2.5.1 The purchaser agrees not to use any subscription, product or service in any way that is unlawful under any applicable laws, or harms MixGo, its service providers, suppliers or any other user. You agree not to use any subscription, product or service in any way that breaches any other code of conduct, policy or notice on the Services. Salespersons are permitted to use the graphics and VR Tour for marketing purposes.
2.6 Intellectual Property Rights
2.6.1 MixGo reserves all intellectual property rights in relation to any subscription, product or services or related content including but not limited to its online web content, newsletters, and any trademarks or material subject to copyright. Nothing in these Terms of Sale provides the purchaser any rights to, licence or the right to use any IP material other than was expressly authorised within the subscription, product or service terms of sale and limited to the express purposes identified in that subscription, product or service terms of sale.
2.9.1 MixGo may terminate the Terms of Sale without notice. Causes for termination may include but are not limited to:
18.104.22.168 the purchaser being made subject of a bankruptcy order:
22.214.171.124 the purchaser fails to make payment in accordance with the Terms of Sale:
126.96.36.199 infringement of the intellectual property rights of MixGo and/or any Third Party:
188.8.131.52 pursuant to any Court Order or reasonable request by any law enforcement or other Government agency: or
184.108.40.206 discontinuance or material modification of MixGo's subscriptions, products or services.
2.9.2 Any termination of the Terms of Sales or purchase agreement shall result in the purchaser no longer having made available to them the purchased subscription, product or service. The purchaser shall not be eligible for any refund in whole or in part nor are they entitled to any compensation or indemnity in any circumstances.
3. DATA PRODUCTS & SERVICES
3.1 A purchaser may by virtue of their purchase of a subscription, product or service be able to access certain data. MixGo owns the intellectual property rights to all data and content related to its subscriptions, products or services but grants a limited non-exclusive, revocable license for a purchaser to use for their individual internal business purposes.
3.2 A purchaser is not permitted to reproduce any data accessed pursuant to their purchase or any subscription product or service nor are they permitted to pass off or represent any such data as being their own.
3.3 Purchasers of any subscription, product or service that provides access to data products or services shall not distribute such data to any third party unless they request and obtain express permission in writing from MixGo. Any such express permission granted may be limited in any way and may be revoked by MixGo at any time without notice.
3.4 Data purchased for specific single-use purposes may only be used for the specific purpose set out in writing in any product specific Terms or Sales supplementing these general Terms of Sale and may only be used once only for that purpose. Thereafter data must be deleted or destroyed by the purchaser who is not permitted to extract data or retain copies of the data in whole or in part.
3.6 MixGo reserves the right to amend or vary these terms in relation to data products and services to any extent and at any time in its sole discretion.
4. PROFESSIONAL APP/WEB ACCESS
4.1 This section applies to accounts purchased or provided for access to EcoProp App, EcoProp Pro App, EcoProp Web ("Professional Apps")
4.2 Professional Apps Account are for personal use and may only be accessed by one user.
4.3 Purchasers acknowledge that they are responsible for maintaining confidentiality of their access details and devices and are liable for all activities using their account.
4.4 MixGo reserves the right to access any account for investigation purposes at its sole discretion and without notice.
4.6 MixGo reserves the right to terminate access to any product or service at any time and in its sole discretion in particular but not limited to circumstances where the access has been made available by the purchaser to one or more additional users.
5. ADVERTISING/MARKETING SERVICES
5.1 This section shall apply to all forms of marketing and/or advertising services that may be provided by MixGo from time to time including Property Listings and Advertising related to individual agents.
5.2 Listings may relate to commercial or residential property and advertisements may relate to individual agents or other products or services that MixGo may from time to time permit to be advertised on its platforms and/or website(s).
5.3 For the purposes of this section "Content" is that information and/or material supplied by a purchaser to MixGo for the purpose of submitting a Listing or Advertisement.
5.4 All content must be submitted in the file format specified by MixGo which may change from time to time and must include all information required by MixGo for the completion of any submission.
5.5 Submissions made under this section are not confidential information and any person making a submission warrants that the content doesn't infringe the rights of any third parties including but not limited to contractual rights, copyright, trademark, privacy or other personal or proprietary right or rights. In particular any Party making a submission must ensure that no image or content contains any watermark or logo of any of MixGo's competitors.
5.6 MixGo reserves the right to accept or reject any Advertisement or Listing at its sole discretion without any requirement to provide reasons to the Party making the relevant submission. The refusal to accept the whole or part of any submitted content of any particular advertisement or listing does not constituent any breach of MixGo's contractual obligations as full discretion as to Content rests with MixGo and that discretion extends to the timing of publication or placement of any Advertisement or Listing as well as its positioning or presentation on any of MixGo's platforms.
5.7 MixGo does not undertake to review or correct any content after submission and/or publication of the said content. Any errors in submitted content are the sole responsibility of the party making any submission.
5.9 Parties submitting content must ensure that they have all the necessary legal, regulatory and Government approvals, licences, consents and permits required in relation to any submitted content.
5.10 Any Party who has submitted any content for the purposes of any Advertisement or Listing may request that the content and/or if already published the Advertisement or Listing be withdrawn. In these circumstances MixGo is not liable for any refund in part or in whole. It may also be the case that it is not feasible to withdraw the submitted content or Advertisement or Listing and in its sole discretion MixGo may refuse any such request.
5.11 The use of HTML, TAGS, BOTS or any other means other than those provided on the website is a violation of these Terms of Sale and may result in MixGo deleting any listing. Repeated violations by any account holder may result in an account being suspended or terminated and the forfeiture of any entitlements or benefits remaining under any subscription or package.
5.12 Submitting content for the purposes of any Advertisement or Listing creates in favour of MixGo an irrevocable, non-exclusive, royalty-free, worldwide, right to use, copy, modify, adapt and/or manipulate the Content for purposes including but not limited to public performance or display, or MixGo's marketing or distribution or placement of any Advertisement or Listing on other mediums in addition to Websites, Applications or Newsletters.
5.13 By Submitting content the party making the submission undertakes to hold harmless MixGo and its affiliates, employees, agents, contractors, directors, officers and third party providers from all liabilities, demands, costs and expenses (including legal expenses) arising in connection with any Content including but not limited to the publication of the Content.
6. PERSONAL DATA
6.1 A Purchaser may refer their customers and/or contacts to become members of EcoProp to enable them to find their property.
6.2 Anyone making such a referral warrants that they have the consent of the party they refer to be referred for that purpose and to be contacted in relation to the referral.
-Updated May 2022