PopDeal site is owned by the Company (as defined below).
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to Thailand.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to FazWaz (Thailand) Co., Ltd., with registered address at 219/57-59 Asoke Towers, 17th Floor, Sukhumvit 21 (Asoke) Road, Khlong Toei Nuea, Watthana, Bangkok 10110 and registration number 0105556035309.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to FazWaz PopDeal, accessible from https://popdeal.io/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The Website is a tool for making and converting online leads in the real estate market.
The Company will forward You real estate leads. Your time to claim a client may vary depending on your ranking as agent. The higher You are ranked as an agent based on our algorithm and Your past performance on our Website, the sooner You will be notified on an available client and the more time you will have to claim the lead.
Any unclaimed referrals within established timelines can be automatically reshared by the Company to other agents. So You hereby understand time when replying and transaction is of essence and that Your ranking is based on your performance.
You hereby represent that:
- If you are an individual, you are over the age of 18. The Company does not permit those under 18 to use the Service.
- if you are an entity, that you are duly entitled to act on their behalf and you have all required authorizations to transact with the properties you are managing.
- to provide accurate and lawfull data during the Service and any document supporting such information.
- to Keep your account and password safe.
- Not to breach third parties' rights (amongst others, intellectual property rights).
- Not to use our Website for any illegal, forbidden or unethical purposes.
- Not to reproduce, compile, copy, extract, distribute, sell, transfer, amongst other commercial transactions, any content within our Website.
- Not to reverse engineer or exploit in any form all or part of our intellectual property or our Website's content.
- Not to breach these Terms or any applicable regulation.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, terms and conditions, opinions, recommendations, privacy policies, or practices of any third party web sites or their services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Inclusion of such links shall not be deemed as a guarantee, validation or recommendation from the Company.Therefore, We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Commission rates will be agreed from time to time within our Website.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if
You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the commission amount actually paid for a specific transaction through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, damages for fortuitous event or due to force majeure events, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute cannot be solved amicably, it shall be resolved by the Courts of the city in which the Company is based, expressly waiving any other applicable jurisdiction.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a discrepancy or the existence of a dispute.
You agree to keep the information to which you have access to as confidential, unless duly authorised to reveal it.
We will keep your sensible information confidential but you understand we will be fully entitled to report to any administrative or judicial authority of any illegal activities, without prior notice.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email:[email protected]