1.1 Unless otherwise expressly specified in writing, Asiaimportal (HK) Limited (hereinafter referred to as “the Company”), herein trading under the name of “Asia Property HQ”, any offer made by the Company to a particular client or to the world at large, any services offered and provided, any content provided by the Company either on its website, www.asiapropertyhq.com, hereinafter referred to as “the Website” or elsewhere, whether paid for or free of charge, and any resulting contractual relationships between the Company and anyone who issues instructions as stipulated in sections 2.2 (hereinafter referred to as “the Client”) shall be governed by the following conditions of service (hereinafter referred to as “the Terms of Service”).
2. License to Use the Website
2.1 The Company gives permission to the User/Client to, exclusively for their personal use, freely browse the Website, view, download or print any contents of it, inclusive of, but not limited to, any documents available free of charge, such as free of charge newsletter, E-books or other files.
2.2 Unless the Client issues written instructions to the Company to state to the contrary, no other party is entitled to issue instructions to the Company on behalf of the Client.
In this Agreement the following words shall have the following meanings:
The “Company”/”We”/”Us”: Asiaimportal (HK) Limited, a company established under the laws of Hong Kong, its owners, partners, employees and affiliates.
The “User”/”you”/”your”/”yours”: Anybody who visits the website belonging to the Company, https://www.asiapropertyhq.com, downloads its contents, contacts the Company via the contact form, the chat embedded on the Website or over the phone, or performs any other action that the Company deems as exclusively informative.
The “Client”/”you”/”your”/”yours”: Anybody who makes any purchase, payment to or contracts a Service with the Company.
The “Agreement”: the current version of these Terms of Service.
4. Provision of services
4.1 The Company specializes in providing information, but not giving advice, concerning issues related to property procurements, rentals and more overseas. The Company acts as an independent third party at all times. All information is delivered to the Client via e-mail and/or is available for consultation and/or download from the “My Account” section.
4.2 Any services provided by the Company (hereinafter referred to as “the Services”/”the Service”), whether paid for or free of charge, the nature of which is exclusively informative, are inclusive of, but not limited to: provide information on relevant countries, property regulations, taxes, processes, costs, traveling (in the case the Client wishes to visit overseas property) and general guidance concerning buying property in Asia, and elsewhere.
Also, the company provides a service of matching Users/Clients with relevant agencies, developers, solicitors, or other third party (that from now on are also called third party service providers).
In this case, the Company only connects the two parties, and receives a commission in return (from the service provider). The service (if any) is delivered by the third party service provider (i.e., agency or consultant).
In this case, the specific payment and order terms are decided by the service provider and the User/Client.
Finally, the company may provide paid advertise space to agencies and developers on the Company Website and/or email newsletter. Visit this page to learn more.
4.3 The Services might be elements composed together and offered by the Company in consulting services (hereinafter referred to as to the “Consulting Services”) or e-courses available in the Website and digital downloadable products (hereinafter referred to as to the “Packages”, which may also include a period of consulting).
4.4 The information provided as a service by the Company to the Client is derived from the results of research the Company performs using third party sources, whether online or physical. The Company shall not be held liable for any information that is incorrect or deemed to be incorrect, as further stipulated in section 11.
4.5 The Company will put its best endeavors to provide the Services using reasonable care and skill and will do so in accordance with the express and specific instructions of the Client and standard commercial practices of the Company.
4.6 The Company may perform the Services for or on behalf of legal persons, such as, but with no limitation to, private individuals and entities (hereinafter referred to as the “Client”), whether private, public or governmental, who issue instructions to the Company.
4.7 The Company reserves the right to delegate the performance of all or part of its services to an agent or subcontractor at any time and the Client hereby authorities the Company to disclose all information necessary for the performance of such services to such agent or subcontractor.
4.8 The Company reserves the right to add the email address, provided by the Client at the moment of payment, to a “client mailing list”. The main purpose of this mailing list is to send some emails that explain how to use our services, inform the Client about the new offers and services offered by the Company, and ask the Client to fill in a satisfaction survey. Response to the survey by the Client is discretionary. Also, the Client my opt out from the clients mailing list at any time, just by clicking to the “Unsubscribe” link that is provided in every email.
4.9 The Client acknowledges that the performance of the Service may be delayed due to suppliers or third parties communication delays, holidays in the respective country of the Service performance or other external causes. The Client also acknowledges that the Company has no control over such events and as such shall not be held liable for any loss resulting from the delay. The Company shall make its best endeavours to inform the Client if any such occurrence takes place.
4.10 The Client understands and acknowledges that the documents available from the “My Account” section, such as downloadable documents (generally referred to as the “Documents”) as well as the “Consulting Services” purchased, which are delivered by email, should be saved by the Client onto a more durable means of storage, such as but not limited to, a hard drive, as the Company does not have any obligation to provide the Client with any backup of the Documents and disclaims all liability for any loss or damage resulting from a loss of the Documents in the “My Account” section after they had been provided. The Company discourages the Client to upload documents containing personal data in case of data loss resulting from an external event.
4.11 All paying services offered by the Company are only available in English language.
5. User Account
5.1 In order to be able to use the Service, a User must create an account by registering on the Website (the “User Account”). By creating the User Account, the User agrees to provide information requested for the Company to be able to provide the Service. The User shall be responsible at all times for the data and information they provide or submit on the Website.
5.2 No User Account may be created on behalf of another person or business entity.
5.3 The User’s password and username (the “Login Details”) are personal and non-transferable. The username is generated automatically based on the e-mail address given by the User. The use of the Service by a User identified by their Login Details will be considered to have been performed by the User who, in any case, will be responsible for said use. In any case, any action Users perform on the Website after having been identified with their Login Details will be deemed to have been accepted by the User.
6. Discount vouchers and coupon codes
6.1 The User/Client may receive discount vouchers or coupon codes from Us. These discount vouchers or coupon codes may occasionally be used against purchasing services from a third party service provider.
6.2 The User/Client understands and agrees that a discount voucher or coupon code might not be accepted by the relevant third party. The Company does not take any responsibility nor shall be held liable should such a discount voucher or coupon code not be accepted.
7. Obligations of the Company
7.1 The Company reserves the right to accept or decline any request for the Services or any other service, as the Company deems appropriate according to its general business practices.
7.2 Along with the above the Company shall not be compelled to agree to perform any service, accept a request or reply to an offer. The company shall not be held liable for rejecting to perform any of the above, whether or not it falls out of the scope of the activities generally performed by the Company.
7.3 The Company will put its best endeavors to provide the Client with the requested Service, in a professional and timely manner, as long as such service is deemed appropriate by the Company and has been accepted by the Company prior to the commencement of the Service performance, as per section 4.
8. Obligations of the Client
8.1 The Client undertakes to provide the Company with sufficient instructions and, if necessary, any type of information or documents, or access to such materials, that is required for the Company to perform the service. This obligation is extended throughout the duration of the service performance until the full completion of the service by the Company.
8.2 Along with the above, the Client undertakes to provide the Company with any documents that reﬂect the Client’s engagement with any third parties should such parties act as an agent or a subcontractor of the Client.
9.1 All payment for any Consulting Services or buying advertising space in the website are to be made using the payment method specified on the Website, which might be, but is not limited to, PayPal, debit or credit card. The price of each Service may vary according to the particular needs of the Client. Before the Service is purchased the Client will be informed of the price of the Consulting Service they are willing to purchase.
9.2 The Client undertakes to make the full payment for Services prior to the commencement of the service performance, upon booking the Service via the Website.
9.3 For services provided by third party service providers, the specific payment and order terms are decided by the service provider and the User/Client. Also, in this case the User/Client shall pay directly the third party service provider.
10. Cancellation and Refunds
10.1 Subsequently unused or allegedly incorrect information, unused consulting service or any other element of any of the Service or any other service provided and delivered to the Client by the Company shall not be subject to any refund. The Company shall not refund any fees made in respect of the Consulting Services after the payment has been made to the Company, unless the Company fails to deliver the Service.
10.2 The specified delivery deadline may be postponed in case the Client provided insufficient information regarding a product, quantity, market, supplier or any other related information.
10.3 The specified delivery deadline may be postponed in case the Company requests additional information regarding a product, quantity, market, supplier or any other related information.
10.4 The specified delivery deadline may be postponed in case government organizations, test laboratories or other third party companies don’t deliver all the required information on time to the Company.
11. Limitation of Liability and Indemnification
11.1 The Company is an entity providing services of exclusively informative nature. The Company shall not be held liable at any time for any information that is, or is deemed to be, false, incorrect, erroneous, misleading, ambiguous, incomplete, outdated or modified.
11.2 The Company performs the Services using third party sources and services, including, but without limitation, to data provided online. The Company shall not be held liable for any incorrect information which is provided by any third party company, their affiliate or any of their sources, whether direct or indirect, or any incorrect, erroneous, incomplete, misleading, ambiguous or outdated verification provided to the Company by any third party.
11.3 The Company is neither an insurer nor a guarantor and does not intend to provide services in such capacity at any time and therefore disclaims all liability in such capacity. It is a sole responsibility of the Client seeking a guarantee to obtain insurance the Client deems appropriate with a third party of their choice, should the Client wish to ensure more protection. The Company shall not be held liable for any loss or damage resulting from the Client failing to obtain appropriate insurance. The Company does not have any related entities providing insurance coverage and shall not be expected to provide such service at any time. The Company shall not be held liable for any type of information provided by third party insurers.
11.4 The Services provided by the Company shall be distinguished from any other service the User/Client seeks from any third party service providers (even when such a third party is recommended by the Company). The Company is not an agent of any third party supplier and shall not be held liable for any loss, damage, injury or death resulting from any interaction the User/Client may have with any third parties. The Company also disclaims all liability in cases where the investor is subject to losses when attempting to invest in property. This liability disclaimer extends to cases where the User/Client chooses to rely upon the information or recommendations provided by the Company.
11.5 The Company provides information on relevant countries, property regulations, taxes, processes, costs, traveling (in the case the Client wishes to visit overseas property) and general guidance concerning buying property in Asia, and elsewhere. All this information is frequently subject to change. Also, property ownership regulations (and enforcement of such regulations), taxes, procedures and costs are subject to change and interpretation by the relevant authorities. Thus, the Company shall not be held liable for any incorrect, erroneous, misleading, ambiguous, incomplete, outdated or modified requirements.
11.6 The client acknowledges that property ownership regulations (and enforcement of such regulations), taxes, processes and costs are often ambiguous and subject to interpretation by local courts or officials and do not represent, in any case, an insurance that there will be no losses when attempting to invest in property.
11.7 The Company might recommend a real estate agent, developer, solicitor or other third party service providers to the User/Client. Under any circumstance this information should be fully relied upon by the User/Client while engaging in any business relationship with the third party service provider. Further, the Company doesn’t offer any kind of insurance or compensation, due to losses caused by the agency, developer, banks, government or any other party that may be involved in the buying process.
11.8 The Company offers online customer support to the Client. This online customer support forms part of the exclusively informative services and should be regarded as such. At no time shall the Company be held liable for any advice or suggestion it provides to the Client resulting in any loss or damage. The Client shall be solely responsible for the manner it employs the advice given into their business activities and practices.
11.9 The opinions expressed on the Website and its contents, such as, but without limitation to, blog articles, webinars, videos, e-courses, downloadable documents, newsletter and reports provided by the Company to you, is exclusively informative. These contents are not indication of any facts, users or clients and shall not be regarded as such. Along with that, regardless of the Company’s best endeavors to keep the Website up to date, the Company does not warrant that the contents of the Website and information available is comprehensive and updated. The User / Client shall be solely responsible for their actions and results arising out of these actions, such as, but not limited to, any type of damage, loss, injury, civil or criminal liability.
11.10 The Company offers the Client (and the User that subscribe to our newsletter) downloadable files which the Company authorizes you to copy, adapt and modify according to your commercial needs, as set forth in clause 12.2. You shall be solely responsible for any loss, damage or dissatisfaction arising out of the usage of these documents, as the Company disclaims all liability. You hereby agree and by downloading such files you understand that the documents are mere examples of documentation which might assist you with the conduct of your business. The Company discourages you to use these documents without any modifications made by you or your legal representative in order to adapt to your commercial activities, and disclaims all liability with regard to the legality and validity of them in the legal system of which rules you adhere to. You hereby agree that you will hold the Company harmless at any time with relation to these documents as at no time shall the Company be held liable or asked for compensation, for any conflict, misunderstanding or dispute arising between two or more parties using any document provided by the Company.
11.11 The pages of the Website and its aforementioned contents might contain hyperlinks redirecting the User/ Client to third party websites. The purpose of these links is to guarantee more comprehensive guidance to the User / Client. Notwithstanding that, these third party websites are not by any means controlled by the Company, that shall bear no responsibility or be held liable for the content provided on and activities occurring at these sites. You shall use third party website information, resources or paid-for content at your own risk and be solely responsible for any loss or damage arising out of these actions, as the Company disclaims all liability.
11.12 The Client shall guarantee, hold harmless and indemnify the Company and its ofﬁcers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any Services.
12. Intellectual Property
12.1 The contents of the Website and the downloadable ﬁles provided thereon are protected by international copyright (www.DMCA.com). The User shall, at no time, republish, copy, adapt, create derivative works from or otherwise distribute the contents of the Website, the underlying source code or any elements of the design, unless it is otherwise, expressly and in writing, authorized by the Company, which reserves all rights to the Website and its contents.
12.2 The Company hereby expressly authorizes the Client (or the User) to download, copy and adapt any downloadable file that is offered on the Website (either free of charge or paid) in order to provide you with a better quality service. The Company shall not be held liable for any loss or damage arising out of usage of such agreement, as set forth in clause 11.10.
12.3 The User/Client shall refrain from any unauthorized use of the Website, copying of the content, infringing trademarks and any other intellectual property rights.
13.1 The User/Client who experiences a problem with the Service provided by the Company should raise the matter directly to the Company via the form of contact provided at the Website.
13.2 The Company will put its best endeavors, but is at no time obliged to, resolve the matter in question to the satisfaction of the User/Client.
15. Choice of Law, Jurisdiction and Dispute Resolution
15.1 The Agreement is construed and shall be governed by the Law of Hong Kong. Disputes between the parties arising out of the Agreement or in connection to the Services shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
15.2 In the event of any claim, immediate notice must be given to the Company (via the contact form or by email) within seven (7) working days following the discovery of the facts or within thirty days as per date of delivery of the Report.
16. Modifications of the Agreement
The Agreement is subject to modification and review at any time. In case of any discrepancies with any other or past versions of the Agreement, the current version, publicly available on the Website, shall prevail.
Last Modification and Review: 11 February 2019