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Cho phép nhận thông báo và cập nhập thông tin quan trọng từ Dot Property

User and Client Terms and Conditions

Introduction

We advise you to read these Terms and Conditions carefully as they contain important information regarding your rights and obligations, whenever navigating through any of our Websites or hiring our services.

Dot Property Group (Dot Property Pte Ltd and its subsidiaries) is the owner and publisher of, amongst others, "Dot Property" and "Hipflat" domains.

By using any of our Websites or by contracting for services with Dot Property Group, you (as Client and/or User) acknowledge that you have read, understood and given an unreserved acceptance to be bound by Dot Property Group's terms and conditions set out herein and with our Privacy Policy.

Clause 1. Definitions and Interpretation

In this agreement the following words and terms shall have the following meaning, unless the context otherwise requires.

“Agreement” means collectively this Terms and Conditions, as accepted and agreed by the User and/or Client from time to time, and any other document referred therein including, amongst others, advertising agreements or Campaigns, applications, bookings, Insertion Orders, forms or documents of similar nature, signed between the Parties.

“Client” means the person or legal entity who acts as an individual, property developer, property agent or project marketing company that has entered into an agreement with Dot Property Group to procure any of its Services.

“Campaign” means an advertising campaign of the Client for which the Service is provided.

“Dot Property Group” means Dot Property Pte. Ltd, its employees, officers, affiliates and/or subsidiaries, as the context suggests.

For the avoidance of doubt, Dot Property Group does not act as an agency or as a developer.

“Insertion” means any display, supplement or advertisement with respect to the Client and/or the Client’s business operations, products and/or services.

“Insertion Date” means the Campaign start date for the Services entered into.

“Insertion Order” means a written order by the Client authorizing Dot Property Group to run the advertising Campaign.

“Materials” refers to the advertising materials submitted by the User and/or Client to Dot Property Group.

"Parties": Dot Property Group and the Client/User.

"Partner": entity which is not a part in this Agreement, which has a commercial relationship with Dot Property Group.

“Services” means any advertising services or products which Dot Property Group may provide.

User: Means any individual who accesses and navigates through our Websites.

Websites: Means collectively Dot Property Group's websites and its Partner’s websites. Dot Property Group will be entitled to erase, modify or add websites, without prior consent or notification to the Client or User.

Clause 2. Client's & User's Obligations

As Client/User you are responsible for the following obligations:

  • Use our Websites lawfully without causing any disruption or interference.
  • Check the accuracy of any details you share and obtain any mandatory authorizations regarding the Materials and properties. As User/Client it is your responsibility to obtain the necessary legal advice as required.
  • Only advertise properties that are currently available for lease or purchase within South East Asian countries, as applicable in each Website.
  • Share accurate property descriptions and images that are relevant to the properties listed. All misleading, fake or false information will be removed.
  • Remove properties that have been sold or entered into a lease agreement, within a maximum period of 7 days.
  • Ensure that you do not publish anything that could be perceived as unlawful, defamatory, fraudulent, misleading or anything protected by copyright.
  • Not to publish anything that can result harmful or detrimental for the security of Dot Property's software, hardware or any automated systems.
  • To only advertise content that is legal, decent, truthful and compliant with any applicable laws and advertising standards.
  • To check if your advertisements in listings are correct on publication and notify Dot Property Group, by email, if any errors are detected.
  • To only use the account or subscription for your own interest and not on behalf of or in benefit of agents, private sellers or other developers, unless you have a Client account or you have been granted prior written consent by Dot Property Group.
  • If you act as a Client, you warrant that each subscription is for a single Agent or development usage. Therefore, each Agency Office or Developer is required to have an individual and separate subscription account.
  • To add your business details in your account, including Profile photographs, address and telephone numbers and to ensure they are updated at all times.
  • If you act as a Client, you should have a company set up, legal representation or the right to work in the countries where you develop your activities.
  • Clients are not permitted to self-promote or add direct links to their own website or others, anywhere on the Websites, unless prior written permission has been granted by a Dot Property Group.
  • You are responsible for the security of your own data.

Additionally, you acknowledge that:

1) Content Monitoring and Removal

Dot Property Group reserves the right to alter any advertising material in order for the material to conform to its current mechanical specifications. The rates stated in the Advertising Agreement shall remain the same upon a reduction in the size of any advertisement as long as the advertisement maintains the same proportion of the entire page.

Dot Property Group reserves the right to monitor or censor any content or Material on our Websites, although it is not under any obligation to do so.

Dot Property Group reserves the right to alter, remove, suspend or change the position of any advertisement or listing at any time, if it considers it necessary. Dot Property Group will have the final decision in all copy changes and final published materials.

2) Campaigns for new projects

In the event that the Client is a real estate agent and/or agency wishing to purchase a Campaign for a specific new project development on behalf of a Developer, such Campaign will be subject to review and pre-approval by Dot Property Group, prior to granting any Services. To obtain approval, the Client must present to Dot Property Group written confirmation by the Developer formally outlining full details of its willingness to grant the Client any applicable rights and permission for the Client to initiate a Campaign for the developer’s specific project(s) related to said Campaign.

Moreover, should a developer, for any reason and at any time of the duration of this Agreement, wish to either market a project themselves or request that a Client or any other person stop marketing their project with Dot Property, the developer reserves full rights to request that said Campaign be halted and/or terminated with immediate effect. In such instances, no refund will be provided to the Client for said Campaign. Instead, the Client will, under these same conditions as agreed, be allowed to provide a substitute project for the Campaign, but only for the duration of term of the ongoing Campaign.

Dot Property Group reserves the right to reject and/or remove any Campaign initiated by a Client, with no refund of any kind, in the event that said Client is found to have falsified the developers’ approval, or if the Client, in any other way, is found to be unable to furnish written permission at any time during the duration of this Agreement.

3) Advertising Acceptance

Submission of an advertisement to Dot Property Group does not constitute a commitment to publish the advertisement. Dot Property Group accepts advertising only by publishing such advertisements.

4) Position request

Dot Property Group shall not be deemed in breach of this Agreement in the event that it does not honour a specific position agreement due to conflicting editorial needs in Dot Property's sole discretion. In the event Client has paid a premium for a particular position, reimbursement for failure to publish in a particular position shall be limited to the refund of such premium to Client.

5) Third party's links

Dot Property Group links to third party websites that are not controlled or affiliated to Dot Property Group in any way, and therefore are subject to such parties' terms and privacy policies. Dot Property Group is not responsible for the content or information provided on these third party websites.

6) Competition

Client is aware that Dot Property Group will be displaying advertising materials for other Clients. It is possible or likely that these materials may advertise products or businesses in competition with the Client. The Client agrees and consents to such competing advertisements.

7) Legal Capacity

The User and the Client declare that they are of legal age and have the legal capacity to acquire the Services offered through the Websites and to assume the obligations set herein.

Clause 3. Insertion Orders

1) Submission of Insertions

Dot Property Group cannot guarantee inventory availability in the event of:

  1. Late submission of Insertions
  2. Client approval not received within the specified date and time, and/or
  3. Insertions provided were not in accordance with the terms specified in the Insertion Order.

Client will incur an additional cost for the late submission of Insertions in an amount no less than THB 1,250 per item, as defined on the Insertion Order.

2) Amendment to Scope of Work

Additional work and expense caused by any change to the work scope initiated by or agreed by the Client (and not included in this Agreement) will be charged according to the current rates.

3) Rescheduling of Insertion Date

Clients must provide Dot Property Group a minimum of 7 working days of notice to reschedule the Insertion Date for each advertising project. If notice is less than 7 days, an additional cost for rescheduling of Insertion Date will be incurred in the amount no less than THB 1,000 per Service or Insertion.

Rescheduling of the Insertion Date shall not extend beyond 45 days from the original scheduled Insertion Date.

Clause 4. Payments

1) Payment Scheme

The Client shall pay any and all charges specified in this Agreement in cash, cheque or any other agreed payment method, within the payment term specified in the Insertion Order or similar document.

Payment for Accredited Media Agencies and Public Listed Companies shall be made in accordance to monthly invoices based on utilization, with 30 days credit term. Payment for all other companies shall be made in full 3 working days prior to the start of campaign commencement date.
Should the Services involve production costs, these will have to be paid by the Client and/or Agent in full 3 working days prior to commencement of production.
Dot Property Group reserves the right to amend these terms on a case by case basis.

Dot Property Group will be entitled to subscribe agreements with third parties in order to offer additional payment methods for its Services. By accepting such payment method, Client will be subject to such third parties' policies, and Dot Property Group will not be responsible for any claim arising from using such payment method.

Dot Property Group will send the Client the appropriate invoice, which shall be inclusive of all applicable taxes and additional costs incurred, to the Client's email address. Dot Property Group will send invoices electronically and is not obliged to submit invoices in any other physical support.

2) Service Fee update

Dot Property Group shall be entitled to increase subscriptions or advertising fees or rates, at any time or to amend the terms of the contract. If the Client does not agree to such increase, it will be entitled to terminate the agreement.

Dot Property Group will also be entitled to update its prices to adjust to inflation with a maximum of the previous year published inflation rate. Such an increase may be applied once annually and will be announced at least one month in advance. The Client will not be able to terminate the Agreement due to such increase.

3) Late Payment

Dot Property Group reserves the right to charge the Client an interest on any outstanding amount at the rate of 1.5% or THB 1,500, whichever is higher, per month from the date such amount is due until payment is received in full.
Dot Property Group will be entitled to collect any payment through third parties and Client hereby consents that all of his contact details can be forwarded, for the sole purpose of managing such payments.

4) International Payment

In calculating the charges in currencies other than in Thai Baht, the amounts payable by the Client to Dot Property Group shall be converted to Thai Baht at the exchange rate that Dot Property Group may determine in its sole discretion. The Client will be charged by such expenses.

Clause 5. Client Sponsorships

To the extent that the Insertion Order includes Client’s sponsorship of a Dot Property Group event, Client additionally agrees to the following terms:

  • Client will provide any gift bag items, as well as promotional materials or staffing for any on-site display/sampling area in the Insertion Order, subject to Dot Property’s approval. Client represents and warrants that it shall obtain all necessary permissions and releases for all sponsorship materials, gift bag items, and sample or other promotional items to be provided by it, including the distribution and/or display thereof.
  • Client will be responsible for collecting any other authorization required for a Dot Property Group event regarding any assistants on Client's behalf or through its sponsorship. Dot Property Group will not be responsible for any claim due to images or video postings of the event.
  • Notwithstanding anything to the contrary in this Agreement, the sponsorship fee set forth in the Agreement is non-refundable. If the event is cancelled (unless due to force majeure or unforeseeable circumstances), Dot Property Group will refund on a pro rata basis, as determined by Dot Property Group, the portion of the sponsorship fee not attributable to sponsorship benefits already received.
  • Client shall seek the prior written approval of Dot Property Group for any use of Dot Property’s name, logo and any other copyright material. Client shall immediately cease using Dot Property’s name, logo and any other Intellectual property rights, upon completion of the event or the earlier termination of the sponsorship or this Agreement.

Clause 6. Hipflat Facebook Campaigns

Clients will be able to hire Facebook advertising campaigns, which are automatically created in collaboration with Facebook Ads Manager.
All package features (amongst others, campaign term, estimated views and prices) can be seen on the landing page https://www.hipflat.com/facebook-campaign/launch
Final amounts shown include Dot Property Group's fees and related costs.
As well as with all the other Materials submitted, Dot Property Group does not guarantee a specific lead or position.
Once hiring the Facebook campaigns, no refund will be provided to the Client.

Clause 7. Copyright

All information contained within the Agreement from Dot Property Group is considered intellectual property of Dot Property Group and must not be used except for the purpose of evaluating the proposal. Any information contained herein should not be disclosed, distributed and shared with any third party without written consent of Dot Property Group.

The User may not copy, reproduce or distribute in any way the content of the Websites, without prior consent.

Clause 8. Confidentiality

Dot Property Group may refer generally to the existence of this Agreement and use Clients name in press releases, on web sites and other promotional material, but neither party will be authorized to reveal financial terms or other confidential information in this Agreement.

The duty of Confidentiality set herein shall survive indefinitely upon termination of this Agreement.

Clause 9. Term and Termination

The Term for each Campaign will be fixed on the Insertion Orders signed between the Client and Dot Property Group. In the event the Client terminates before the expiry of the Agreement period, a termination fee of 100% of the monthly charges (in accordance to the Agreement value) for the remainder months of the service shall be chargeable to the Client.

The Client shall be liable for all expenses incurred if the Agreement is prematurely terminated.

Dot Property Group reserves the right to terminate this Agreement and temporarily or permanently suspend or deactivate the Client's account, removing all details of property listings, without further reference to the Client, if:

  • Client fails to make payments on the date fees are due.
  • Client enters into liquidation, administration or circumstances of similar nature.
  • Client breaches any terms of this Agreement.

Clause 10. Liability

It is the responsibility of the Client to verify the accuracy of its published Materials and where, for whatever reason, an advertisement is published with an error in it, the Client is responsible for informing Dot Property Group of the error prior to the advertisement being repeated. Dot Property Group must be notified of errors in published advertisements on the day of publication or the following working day at the latest, failing which no complaint will be entertained.

Notwithstanding the foregoing, and to the fullest extent permitted by law, under no circumstances whatsoever shall Dot Property Group be liable to the User, the Client or any third party for:

  • errors that do not materially affect the value of the advertisement or advertising insert or where Client is responsible for the error or omission.
  • errors involving orders, Insertions, cancellations or corrections given orally.
    Written, emailed or facsimile confirmation of orders, cancellations or corrections must be received prior to Dot Property Group’s deadline, which may be chargeable according to the terms set forth in this Agreement.
  • errors in advertisements published or for any omission in publishing.
  • other parties' acts or omissions.
  • any damages of any kind due to User/Client's inaccurate, invalid or outdated information, Client's breach of the Agreement, the unlawful use of the Services or any act or omission of Dot Property Group with respect to an advertisement or advertising insert or sponsorship, including but not limited to: direct, indirect, special, consequential, future or punitive damages, losses, costs, injuries, damages or any other expenses incurred by the Client and/or User (including but not limited to loss of sales, business or data, lost of profits or lost opportunities incurred by the Client) whether in action based on contract, tort, strict liability or any other cause for action.
    In the event of legal proceedings, the Client and/or the User are liable for all legal costs incurred by Dot Property Group.
  • any claim regarding User, Client's or third parties' intellectual property rights.
  • any damage which is not directly attributable to Dot Property Group, provided such damage materially affects the standard of the Services to be provided under this Agreement and does not fall within the aforesaid circumstances.
  • the loss, theft or damage to any personal property of Client, its employees, agents and guests during any Dot Property Group event that may be sponsored by Client. Client will have to have appropriate insurance to cover such losses and damages.
  • any electronic, electric, electrical, mechanical or other failure, error, omission, interruption or delay however caused with respect to such firmware, bios, data, computer hardware or software, computer systems, printing systems, communication systems or other automated systems.
  • any poor quality of the Service, delay or default in performance of its obligations, caused by an event or occurrence beyond Dot Property Group's reasonable control.
  • delays caused by the Client, by third parties or by Partners, or caused by events beyond its control such as, but not limited to, act(s) of God.
  • events of force majeure, unexpected circumstances, acts of God, natural disasters, war, civil unrest, labour disputes, failure in the lines of communications, poor performance of the internet or its failure, amongst other circumstances of similar nature.

Unless otherwise excluded or limited within these Terms and Conditions, the maximum liability that may become payable by Dot Property Group if it is at direct fault, as a result of the execution of the Agreement, shall be limited to:

  • liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space in an amount equal to the erroneous advertisement.
  • Dot Property Group’s liability for failure to publish any advertisement or distribute any advertising insert shall be limited to a refund of any amount paid to Dot Property Group for such advertisement or insert.
  • Dot Property Group’s liability in connection with any sponsorship of a Dot Property Group event shall be limited to the amounts payable to Dot Property Group under the particular Insertion Order to which it relates.

Clause 11. Warranties and Indemnities

Notwithstanding any statements which may be made by Dot Property Group or any of its employees or agents to the contrary, Dot Property Group makes no representation or warranty that:

  • any of its firmware, bios, data, computer systems, computer hardware or software, printing systems, communication systems or other automated systems, or its operations or services as a whole or any part thereof; or
  • any firmware, bios, data, computer hardware or software, computer systems, printing systems, communication systems or other automated systems whether provided, supplied or licensed by or to Dot Property, its agents or subcontractors, will continue to function without error or interruption and any implied warranties to such effect are hereby excluded to the fullest extent permitted by law.

Client warrants that:

  • it will not publish anything that could be perceived to be unlawful, defamatory, fraudulent, misleading or that could be protected by copyright, which could expose Dot Property Group to any liability, legal or other.
    In the event Dot Property Group suspects Client's activity could be in breach of this Agreement, any applicable law or could result fraudulent, ilicit, unauthorized, unethical or inappropriate, Dot Property Group shall be entitled to take appropriate measures to prevent such harm, which can result in Client's temporary or permanent account deactivation or termination of this Agreement, provided that Dot Property Group shall not incur in any liability whatsoever.
    Dot Property Group reserves the right to notify any events that may be illegal to any governmental or judicial authorities, without prior notice to the Client.
  • shall provide the basic information required in each Insertion Order, and any other necessary documents regarding the Campaign, and understands they are all mandatory to provide the Service. Such information must be accurate and uptodate at all times. Dot Property Group will be entitled, from time to time, to require the User and/or the Client's additional documentation in order to check if the information provided is accurate.
  • it is duly authorized and has all of the rights associated with the contents of the Campaign and event, and has the authority to upload or to assign such rights to Dot Property Group for the purposes of using, hosting, displaying, storing, copying, modifying, publishing, transmitting and distributing Client's Materials. Such authorization to Dot Property Group will be non-exclusive, royalty free, world- wide and revocable (upon termination of the Agreement).
  • the Client will refrain from using Personal Data on any Materials.

Clause 12. Integrity, Amendments, Waivers, Severability and Assignment

This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes and cancels, unless expressly agreed, any prior oral or written agreements, representation, understanding, arrangement, communication or expression of intent relating to the subject matter of this advertising Agreement.

Dot Property Group reserves the right to modify these Terms and Conditions, without prior notification to the Client and/or User. Client and User are responsible for periodically checking Dot Property Group's updated terms.

A failure by either party hereto to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Should one or more provisions contained in this Agreement be rendered void or unenforceable, this shall not affect the validity and enforceability of any other provisions.

The Client may not assign, delegate or convey, whether directly and/or indirectly, the rights and/or duties arising from this Agreement without Dot Property Group's prior written consent.

Clause 13. Data Protection (Reciprocal Duty information)

In accordance with the Data Protection regulations the parties inform each other regarding the processing of personal data provided by each party for the execution of this Agreement or used for the provisions of the Services within the scope of this Agreement, of the following:

That the processing of this data is based on the legitimate basis of the performance of the Agreement, so that failure to provide it could lead to the impossibility of developing it.

That the data will be processed for the purposes set forth in this Agreement, to the correct perform and/or control compliance.

Also, based on legitimate interest, Dot Property Groupwill send to email address provided by the Client, information relating to similar products or services offered by Dot Property Group or its affiliate companies part of Lifull Connect. Individuals will be able to refuse then at any time by using the mechanism included in the corresponding communication.

Dot Property Group's personal data may be transferred to other companies part of Lifull Connect Group for administrative and internal contractual purposes, as well as computer, economic, and/or financial management. This may imply personal data is transferred to a different country from where you reside, but data will be used for the same purposes as mentioned before. No additional international transfers are foreseen, otherwise necessary measures will be adopted in accordance to the applicable Data Protection regulations.

Personal Data may be kept by the parties as long as it is necessary to fulfill legal requirements or defend from legal claims.

Data subjects may exercise their rights of access, rectification, erasure, limitation of processing, data portability, opposition and any other right in accordance with the applicable regulations and may direct a communication to the other party in writing though the following email addresses: [email protected] (Dot Property) or email account address provided by the Client, attaching a copy of the national identity document or equivalent identification document of the applicant (NIE, passport, etc.).

In the event the Client and/or User considers their rights have not been duly attended by the corresponding party, the data subject may submit a claim against the corresponding the Data Protection Authority. In the case of Dot Property Group we recommend the individuals to contact our Data Protection Officer at [email protected].

Clause 14. Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Thailand and the parties agree that any dispute arising out of this Agreement or in respect of its validity shall be submitted to the exclusive jurisdiction of the courts of Bangkok (Thailand), expressly waiving any other jurisdiction to which they may be entitled.

Last updated January 5th, 2021