Effective Date: 08/05/2020
INTRODUCTION AND AGREEMENT
JUWAI - JUWAI maintains and operates the Website and/or the JUWAI App as an online and interactive platform to link and match advertisers, real estate agents, or agencies, property developers, builders, contractors, retirement community operators, proprietors/owners, landlords and other people who are interested in the contents of the Website and/or the JUWAI App with potential buyers/tenants from the database in the Website and JUWAI App. In short, JUWAI (1) helps buyers and tenants find properties that are right for them; and (2) helps sellers, landlords, and the like find prospective purchasers/tenants to purchase or rent their properties through JUWAI Services.
However, JUWAI does not (a) guarantee or ensure that the potential buyers/tenants will find a suitable property; (b) guarantee or ensure that the advertisers, real estate agents, or agencies, property developers, builders, contractors, retirement community operators, proprietors/owners, landlords will find the required buyers/tenants for their properties.
Information on the Website and/or the JUWAI App should NOT be regarded as a substitute for professional, legal, financial or real estate advice.
We do not warrant that content, links, or subdomains contained on, or associated with the Website and/or the JUWAI App will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on the Website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
We make no warranty as to accuracy or reliability of any information, advice, opinion, statement of any content on our Website and/or the JUWAI App. We, our Related Corporation, our directors, officers and agents therefore disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained in or omitted from our Website and/or the JUWAI App.
DEFINITIONS AND INTERPRETATIONS
“Account” means the access and associated rights granted to an individual, company or otherwise who based on a contract has access to the JUWAI Website for a specific period of time in order to create, modify or delete listings.
“Intellectual Property Rights” means all current and future copyrights, patents, trade marks/service marks, rights in databases, inventions or trade secrets, know-how, rights in designs, integrated circuits, topographies, trade and business names, domain names, get-up, marks and devices (whether or not registered), moral rights, goodwill and the right to sue for passing off rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“JUWAI”, “Our/our”, “Us/us”, “We/we” refers to Juwai Limited and its Related Corporation(s)(where applicable).
“JUWAI Website”/”the Website” means collectively the websites used, owned or operated by JUWAI and other web address(es) as may be used and/or adopted by JUWAI from time to time which shall include webpage or corresponding website in different languages and shall include any subdomains of those websites, voice assistant products, application programming interface (“API”) and widgets, etc.
“JUWAI App” means the mobile sites of the Website and any other mobile application operated by JUWAI which is linked to/with the Website.
“Material” means all information, data, text, music, sound, audio, photographs, images, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations, documents, and any other material.
“New Property” means newly constructed property that forms part of a newly constructed multiple apartment, townhouse or subdivision development. This can be off-the-plan or completed and sold directly by the developer or by an agent.
“Property Information” means all or any information in relation to the real estate/property listed by the Advertiser on the Website and/or JUWAI App which include, without limitation to, property descriptions, photographs and/or video/virtual tour, list of furniture, fixtures and fittings, location (postal address, GPS coordinates, map, etc) of the real estate/property, particulars of developer/builder/architect/contractor, etc.
"Related Corporation" in relation to any corporation means any subsidiary or holding/parent company of that corporation or any subsidiary of that holding/parent company, or any other affiliated legal entity with whom we are under common corporate control.
“the Advertiser” means any person who register an Account on the Website and/or the JUWAI App which include the Aggregator.
“the Aggregator” means a multi-listing service provider or a similar provider of multi listings services.
“the User/user” means any person who is a visitor to the Website and uses the Website and/or the JUWAI App NOT as the Advertiser at the time of visit or use.
“You” shall mean any person who is using JUWAI Services who may be the Advertiser or the User.
ACKNOWLEDGMENT, REPRESENTATIONS AND WARRANTIES
By using the Website and/or the JUWAI App or by uploading or downloading or otherwise accessing the Website and/or the JUWAI App, you hereby acknowledge, represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you have all necessary authority, rights and permissions to submit, send, post, or upload the Material to the Website and/or JUWAI App;
(c) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other Intellectual Property Rights of any third party, including any rights of privacy or publicity;
(d) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any laws or regulations governing the advertising, marketing, sale, rental, lease of real estate properties in the country in which the property is located, or cause injury to any person;
(e) YOU HAVE READ AND FULLY UNDERSTOOD ALL THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PRIVACY NOTICE.
(Applicable to the Advertiser) You represent and warrant to us that at all times during your use of the Website and/or the JUWAI App:
(a) you hold all required licenses, consents, permission, authorities or accreditation to sell, assign, lease, sub-lease, let, or sub-let all properties or developments that you list using JUWAI Services;
(b) you have authority to sell or lease all properties or developments that you list using JUWAI Service and have the proper authorities in place required by state, territory or other applicable regulations in the jurisdiction in which the property is located; and
GENERAL RULES RELATING TO USE OF THE WEBSITE AND JUWAI APP
You agree to be bound by the following terms and conditions:
(a) It is your responsibility to check and ensure that you have downloaded the correct software of JUWAI App for your device (whether it is a computer, mobile phone, tablet or otherwise). JUWAI is not liable if you do not have a compatible device or if you have downloaded the wrong version of the software of JUWAI App to your device. JUWAI reserves the rights not to permit you to access or use the JUWAI App should you use the application and/or software with an incompatible or unauthorised device or for purposes other than which the application and/or software is intended to be used.
(b) You must comply with all applicable laws in the country of your property listing(s) and with any applicable international laws, including the local laws in your country of residence when accessing or using the Website and/or the JUWAI App.
(c) You shall only access the Website and/or JUWAI App through authorised and lawful means. You shall exercise all care when accessing the Website and/or the JUWAI App whether with your computer or with your mobile phone/device. YOU SHALL ENSURE THAT THE MOBILE PHONE/DEVICE AND/OR COMPUTER USED BY YOU TO ACCESS THE WEBSITE AND/OR JUWAI APP IS LEGALLY OWNED/POSSESSED/USED BY YOU AT ALL TIMES AND YOU SHALL NOT ALLOW ANY PERSON TO ACCESS OR MANIPULATE THE WEBSITE AND/OR THE JUWAI APP USING YOUR MOBILE PHONE/DEVICE AND/OR COMPUTER.
(d) You will NOT use the Website and/or the JUWAI App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement and/or an infringement of any Intellectual Property Rights or any person.
(e) You will only use the Website and/or the JUWAI App for lawful purposes and for the purpose it is intended to be used.
(f) You shall be responsible for all the security and integrity of Materials transmitted, uploaded or broadcasted by you or any person using your mobile phone/device and/or computer, whether with or without your authorisation.
(g) You shall ensure that all Materials submitted by you via the Website and/or the JUWAI App will be free of any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature.
(h) You are aware that when using the Website and/or the JUWAI App, the standard telecommunication data charges will apply and shall be borne solely by you.
(i) You agree that the Website and/or the JUWAI App are provided on a reasonable effort basis. JUWAI shall not in any event be held liable for any loss or damage as a result of any interruption/suspension of the Website and/or the JUWAI App, corruption of data or unavailability of the Website and/or the JUWAI App or any part thereof caused by factors which are beyond the control of JUWAI which include adverse weather conditions, electromagnetic interference, equipment failure or congestion in the internet systems.
(j) You will not engage in any of the Prohibited Activities as listed below.
The following is a partial list of the kinds of activities and/or contents that are prohibited on or through the Website and/or JUWAI App:
(a) submitting Material that is patently offensive to the online community, or any cultural or religious sensibility, such as contents that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) submitting Material that is potentially unlawful, seditious, defamatory, or threatening to the national security and/or public order, and/or which is likely to encourage crime or lead to public disorder and/or instigate racism or otherwise prohibited within the country in which you reside;
(c) submitting Material that is misleading, erroneous, inaccurate, outdated, or false;
(d) submitting Material which will infringe Intellectual Property Rights of any person or will tantamount to a breach, default, or non-compliance of any governing law, or contractual obligations with any person;
(e) engaging in activities or submitting Material that could be harmful to minors;
(f) engaging in activity or submitting Material that harasses or advocates harassment of another person;
(g) engaging in activity that involves the transmission of junk mail, chain letters, contests, surveys, or other mass messaging or unsolicited mass mailing or "spam" to JUWAI’s users or others, whether for commercial purpose or otherwise;
(h) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is unlawful, abusive, threatening, false, defamatory or libelous, or to cause any nuisance, harassment, annoyance, inconvenience to any person;
(i) submitting Material that contains restricted or password-only access pages, or hidden pages or images;
(j) submitting Material that displays pornographic or sexually explicit material of any kind or any material that is indecent, profane or obscene;
(k) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) submitting Material which promotes the sale or use of illegal, prescription, or recreational drugs, tobacco products and related paraphernalia; unsafe supplements, weapons, ammunition, or explosives, adult products or services, illegal money lending services, or illegal gambling;
(m) submitting Material which contains shocking, sensational, disrespectful, or excessively violent content or any images that are scary, gory or sensational;
(n) engaging in activities or submitting Materials that solicit passwords, money, or personally identifiable information for any purpose including any unlawful purposes from other users;
(o) engaging in commercial activities not within the purpose of the Website and/or JUWAI App, such as contests, sweepstakes, barter, and pyramid schemes;
(p) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the contents contained in the Website and/or the JUWAI App or for any other unauthorised purpose without our prior written consent;
(q) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or JUWAI App;
(r) in any way tampering and/or manipulating or attempting to tamper and/or manipulate any data transmitted to the Website and/or the JUWAI App;
(t) using any automated device, software, process or means to access, retrieve, scrape, or index our platform or any content on the Website and/or the JUWAI App or use any device, software, process or means to interfere or attempt to interfere with the proper working on the Website and/or the JUWAI App;
(u) transmitting or attempt to transmit onto our Website and/or the JUWAI App any viruses, adware, malware, bit torrents, worms, defects, Trojan horses or other substance of a destructive nature;
(v) using or indexing any content or data on our platform for purposes of: (i) constructing or populating a searchable database of properties; (ii) building a database of Property Information; or (iii) competing with us in business in any manner that we have not specifically authorised;
(w) taking any action that, in our sole opinion, will impose an unreasonable or disproportionately large load or make excessive traffic demands on JUWAI’S hardware and software infrastructure of the Website and/or the JUWAI App;
(x) using the Website and/or the JUWAI App or any content from the Website and/or the JUWAI App in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
(y) gaining or attempting to gain unauthorised access to the Website and/or the JUWAI App or any networks, servers or computer systems connected to the Website and/or the JUWAI App.
[hereinafter collectively referred to as “Prohibited Activities”].
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of the Website and/or the JUWAI App, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
GENERAL RULES RELATING TO ADVERSTISEMENT OR LISTING
We may provide website enquiry forms with each Advertisement and property listing for the sole use of the Users making genuine enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communication that is not genuine (such as unsolicited commercial marketing).
The Advertiser shall ensure that:
(a) all Advertisements or property listing and other Advertisements are accurate and up to date, are not misleading, and do not fall within any of the Prohibited Activities set out above;
(b) all Advertisements must not include claims relating to the property or proposed transaction which are not matters of fact or which cannot be checked or verified by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents;
(c) all Property Information of any real estate sold or which is no longer available on the market must be removed from the Website within seven (7) working days of the Advertiser becoming aware of such information; and
(d) The listings content is delivered to JUWAI in a timely manner, and that best efforts are made to provide comprehensive and accurate information regarding each listing.
We reserve the right to contact any Advertiser or User to find out more about their experiences with the Website and/or the JUWAI App for the purposes of gathering data or compiling testimonials.
Right to Reject: We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right at our discretion to reject Advertisements that:
(a) relates to real estate that has already been listed by another Advertiser or person on the Website and/or JUWAI App;
(b) relates to real estate for which another person can demonstrate exclusive marketing rights;
(c) we do not wish to make available to the User for any reason we so determine in our discretion;
(d) fall under one or more of the Prohibited Activities set out above.
(f) is in breach of any advertising guidelines set by governments in any given markets.
Right to Edit: We reserve all rights in our discretion without notice to the Advertiser to edit the text or layout of Advertisements submitted to or posted on our Website and/or the JUWAI App (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Website and/or JUWAI App where we think fit.
Only one property can appear on each listing. We reserve the right in our discretion to determine whether multiple units do qualify for a single listing. The property initially listed may not be changed without our prior written consent.
Loading Advertisements: Upon completion of the purchase of any advertising product that requires material such as text, images and video, we will provide up to 14 days’ buffer time to prepare such material before your listing is published live.
Images on your listing: We reserve the right, at our sole discretion, to remove any images that contravene the following:
(a) images that contain any contact information (except as explicitly authorised by JUWAI), which shall include, but not be limited to QR codes, email addresses, WeChat IDs, external links, and phone numbers;
(b) images on the Website and/or the JUWAI App in positions designated for property images are not to be obstructed with any details besides the property image itself. Images that obstruct the property image include, but are not limited to, individual profile pictures, phone numbers, links, Quick Response Codes (“QR Codes”), or anything depicting something other than the property itself;
(c) images on the Website and/or the JUWAI App, in the position designated for company logos, must be used for your company’s logo only and cannot be used for any other images. Images that may obstruct the company logo placement include, but are not limited to, profile pictures, phone numbers, links and QR codes;
(d) banner advertisements on the Website and/or the JUWAI App are intended to drive traffic to your campaign pages. Images or copy materials used in the banner advertisements including, but not limited to, the display of external links, external phone numbers, or QR codes my not be included in the banner advertisements.
Cancellation, Suspension and Removal:
Upon the occurrence of any of the following:
(b) in the event we receive any complaint, whether written or otherwise, whether from a identifiable source or anonymous, relating to an Advertisement or an Advertiser or to products or services referred to in an Advertisement;
(c) in the event we are required by law or appropriate authority or any governing jurisdiction to take certain action against the Advertiser and/or the Advertiser;
(d) in the event we deem it necessary to protect our interest (including our goodwill and reputation) and/or the interests of our Users;
then we may without giving notice or reasons to you, remove and/or suspend any Advertisement and/or terminate and cancel the Advertiser’s Account or right to use the Website and/or the JUWAI App registration or right to use our Site, in which case we may in our sole discretion elect to forfeit all fees paid.
If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Website and/or JUWAI App or any JUWAI Services or re-post or re-submit, or re-upload the relevant content whether in your name or using your Account or otherwise.
We may in our discretion change or remove any feature of our Website and/or JUWAI App.
No Guarantee: There is NO guarantee, representation or any warranty given by us in respect of the reception, popularity, success, number or quality of leads generated or to be generated by the Advertisement. We only guarantees the marketing of your property on the Website and/or the JUWAI App and to the Users of the Website and/or the JUWAI App’s network of consumers. External factors such as location, price, photos, descriptions, brand and inclusions are factors determining interest in a property.
Report: We will in our best endeavour provide reports to the Advertiser who maintains an active Account (not expired, suspended, cancelled, terminated) with us and who promptly pays all fees required by us on a regular basis via email or through our Website and/or JUWAI App.
Appearance on our affiliate or partner websites: You consent to and understand that we may include your listings on other networks, mobile apps or websites of our Related Corporation or affiliate or partner from time to time.
Aggregators: Aggregators who wish to market, advertise or list on the Website and/or JUWAI App must first register an Account on the Website and/or JUWAI App. Aggregators must only list properties which they have the direct right of market and sell with the owner/vendor/proprietor/developer/builder.
Pay Per Listings: If the Advertiser subscribes to the Pay-Per-Listing model, you agree to pay the price communicated per listing. Should you accidentally or inadvertently select or load a listing as Pay-Per-Listing listing, you will not be entitled to any refund or cancellation rights. You authorise us to charge your credit card as provided to us.
New Property Listings: New Property listings are prohibited from being displayed on the Website and/or the JUWAI App unless utilising "Global New Development" listing package, in Australia and New Zealand only. For the avoidance of doubt, this does not include those properties that are deemed as an Established Property.
DATA USE, DATE STANDARDS, DATA TRANSLATION AND DATA COLLECTION
Data Use & License: BY SUBMITTING ANY ADVERTISEMENT AND/OR MATERIAL TO THE WEBSITE AND/OR THE JUWAI APP, YOU HEREBY GRANT TO JUWAI AND ITS AFFILIATES A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE (UNLESS STATED OTHERWISE), FULLY TRANSFERABLE, FULLY SUB-LICENSABLE RIGHT AND LICENSE TO PRODUCE, PUBLISH, COPY, ADAPT, MODIFY, DISPLAY, DISTRIBUTE, PERFORM, TRANSLATE, CREATE DERIVATIVE WORKS FROM, AND OTHERWISE USE AND EXPLOIT ALL SUCH MATERIALS IN ANY FORM, MEDIA, SOFTWARE OR TECHNOLOGY OF ANY KIND NOW EXISTING OR DEVELOPED IN THE FUTURE. YOU FURTHER GRANT TO JUWAI AND ITS AFFILIATES A ROYALTY-FREE RIGHT AND LICENSE TO USE YOUR NAME, IMAGE AND LIKENESS IN CONNECTION WITH THE REPRODUCTION OR DISTRIBUTION OF THE MATERIALS. YOU ALSO AGREE TO GRANT AN IRREVOCABLE LICENSE TO JUWAI WITH A PERPETUAL WORLDWIDE RIGHT TO DISPLAY THE DATE OF YOUR LISTINGS.
Translation: You hereby grant JUWAI a license to translate and publish your Material into different languages as the Website and/or the JUWAI App is an international platform with worldwide users and we may have corresponding webpages in different languages. In translating your Material or any part thereof, we shall have the discretion to edit, shorten or merely translate key feature data as supplied by you whether through data entry, XML or any other means. Our translating resources and staff will in their best endeavour ensure the optimal translation of features.
Data Standards: You will provide us with data in an agreed data format and agree not to provide us with data which you do not have the right to publish or any Material which fall within any of the Prohibited Activities listed above. If you find that you have loaded data or any Material which infringes or violates any Terms herein, please immediately edit to correct or load a new data file/Material and notify us at using the contact information available on the Website.
PAYMENT & REFUND POLICY
The listing of Advertisement on the Website and/or JUWAI App shall be invoiced either on a subscription basis or by way of any other agreement the Advertiser maintains with JUWAI and/or its Related Corporations. The payment terms shall be determined by way of the payment scheme as displayed on the Website and/or JUWAI App or pursuant to the respective agreement the Advertiser maintains with JUWAI and/or its Related Corporations, whichever is applicable.
Unless otherwise expressly stated, all payments are to be made in advance.
(If applicable) You hereby authorise JUWAI to charge your card in accordance with your subscribed plan.
JUWAI bill your card automatically based on the terms and conditions of your plan. All charged fees will not be refunded.
If you wish to cancel your subscription prior to the end of the term, you may request a cancellation in writing not less than 14 days prior to your subscriptions renewal.
Property traffic, listing enquiry, leads or property viewings or the lack thereof are not grounds for cancellation and termination.
SUSPENSION OR TERMINATION OF SERVICE
Subscriptions of Account can be terminated any time after the end of the minimum subscription terms by notification to JUWAI using suitable contact information available on the JUWAI Website. Minimum subscriptions are the full term of the subscribed subscription package.
Requests for cancellation of a continuing subscription must be made in writing 48 hours prior to the new billing cycle as defined by your rate plan. Every effort will be made for requests that occur after this time however they cannot be guaranteed.
Request for termination prior to the end of a minimum term are not permitted except in the case of extreme financial hardship accompanied by a request in writing.
Termination will take effect within from the end of the minimum subscription term or as agreed by both parties.
You remain liable for all fees incurred up to the end of the current service provision date.
Termination of this Agreement, howsoever caused, shall be without prejudice to any rights or liabilities accrued at the date of termination and shall result in the removal by JUWAI of all Property Information uploaded by you on the Website and/or the JUWAI App.
If a subscription is cancelled prior to the end of the minimum term, and the user wishes to join the Website and/or JUWAI App in the future, you must first pay out any outstanding balance from previously cancelled subscription, if any.
All information and content available on the Website and/or the JUWAI App [hereinafter collectively, referred to as "Content"] is protected by copyright and other intellectual property laws. The Content is owned by JUWAI, its affiliates, and/or their respective licensors and suppliers [hereinafter collectively referred to as "Licensors"]. ALL RIGHTS ARE RESERVED. While you may view, print, interact with or download a single copy of any portion of the Content for you’re the purpose set out on our Website and/or JUWAI App, information or use, you may NOT copy, edit, vary, reproduce, sell, publish, distribute, modify, display, store, transmit, perform, re-post or otherwise commercially exploit, disseminate in any form whatsoever or use any portion of the Content in any other way or for any other purpose without the prior written consent of JUWAI.
You acknowledge that the trade mark(s), service mark(s), trade name(s), logo(s), symbol(s), brand name(s) and other proprietary mark or any combination of the aforesaid [hereinafter collectively referred to as “Marks”] contained on or in the Website and/or JUWAI App (save and except for your own Marks and other Advertisers’ Marks) are owned by JUWAI or its affiliates or its Licensors or third party partners/clients of JUWAI. You agree that you will NOT use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, translate, commercially exploit or disseminate any Marks not belonging to you without prior written consent of JUWAI or the relevant affiliate or the Licensors or the relevant third party, partner/client of JUWAI. You further agree that you will not alter or remove any Mark, copyright or other notice from any copies of the Content.
You acknowledge that JUWAI possesses absolute and exclusive proprietary rights in the Marks “JUWAI” and the goodwill in the said Marks will remain the sole property of JUWAI.
You shall never claim the title or any rights in and to the Marks “JUWAI” [collectively referred to as “the JUWAI Marks”].
(a) use in your business or company name or trade name any JUWAI Marks;
(b) apply for the registration or protection of any material that is substantially the same as, substantially identical with, substantially equivalent, or deceptively similar or confusingly similar to the JUWAI Marks;
(c) operate any website under and by reference to the domain name(s) incorporating and/or confusingly similar to any of the JUWAI Marks;
(d) conduct business or trade under a name identical to, comprising and/or confusingly similar to the JUWAI Marks and/or any other name referring to the JUWAI Marks in any way whatsoever;
(e) otherwise pass off, attempt to pass off, or cause, assist or enable others to pass off any trade mark, any trade names, company name which is similar to the JUWAI Marks and/or any word, mark, name, devise which is confusingly similar thereto; and
(f) engage in any other activities which infringe the Intellectual Property Rights of JUWAI.
You shall indemnify and keep us indemnified against any and all losses arising from any claims brought against us as a result of any infringement of Intellectual Property Rights of a third party by or through any Material and/or any of the Property Information supplied by the Advertiser and uploaded onto the Website and/or the JUWAI App.
Please note that all software programming, including without limitation all HTML and other code contained in the Website and/or the JUWAI App [hereinafter collectively referred to as "Software"] is owned by JUWAI and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorised access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to maximum extent possible.
THIRD PARTY WEBSITES
If you operate a website and wish to link to the Website, you must link to the Website's home page unless permission otherwise has been granted in writing by JUWAI. JUWAI reserves the right to reject or terminate any links to the Content or the Website.
Given the nature of the Website and/or the JUWAI App and the volume of messages and postings (if any), JUWAI cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. JUWAI reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move, translate, or edit any Materials without notice, at any time for any reason. By using the Website and/or the JUWAI App, you expressly agree that JUWAI (a) will not be liable to any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund.
Notwithstanding anything herein contained, JUWAI has the absolute discretion and right to reject any person from using the Website and/or JUWAI App or any part thereof.
JUWAI does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the Forums, chat rooms and bulletin boards on the Website and/or the JUWAI App. JUWAI and the affiliates shall not be responsible for the similarity of any of its content or programming in any media or Materials or ideas transmitted to the Website and/or JUWAI App.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR THE JUWAI APP AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. JUWAI, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE AND/OR THE JUWAI APP, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE WEBSITE, THE JUWAI APP, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND JUWAI, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO THE PROPERTIES AVAILABLE OR ADVERTISEMENT ON THIS WEBSITE ARE SUPPLIED BY THE ADVERTISERS OR OTHER THIRD PARTIES.
LIMITATION OF LIABILITY
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
In the event of either party being so hindered or prevented, the party concerned shall give notice of suspension to the other party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party. In the event that the cause continues for more than 3 months, either party may terminate this Agreement by giving the other party 30 days’ notice.
If the country or location of a particular event becomes unsafe due to an event of Force Majeure as set out in Clause 20.1 above, JUWAI shall be under no obligation to repay the whole or part of the event fee, and shall be under no liability to you in respect of any such abandonment, cancellation or suspension.
Each party shall treat as strictly confidential and shall procure that its employees, sub-contractors and agents treat as strictly confidential all information received or obtained as a result of using the Website and/or the JUWAI App which are confidential in nature.