PROPERTYDONKEY
TERMS & CONDITIONS
These Terms & Conditions ("Terms") govern access to and use of PropertyDonkey's websites, applications, agent pages, tools, services, content, data, and related features (collectively, the "Platform").
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not access or use the Platform.
1. Definitions & Interpretation
Unless the context otherwise requires:
- "Agent" means a real estate salesperson or estate agent operating under applicable laws and regulations.
- "Listing" means any property listing content published, displayed, or distributed on the Platform.
- "User" means any person or entity accessing or using the Platform, whether registered or not.
Headings are for convenience only and do not affect interpretation.
2. Platform Nature & Legal Position
PropertyDonkey operates solely as a technology platform providing digital infrastructure for property listings, agent profiles, agent websites, enquiries, communications, and related tools.
PropertyDonkey:
- is not a real estate agent or broker;
- does not represent buyers, sellers, landlords, or tenants;
- does not act as a fiduciary, trustee, escrow holder, payment intermediary, or clearing party; and
- is not a party to any property transaction.
All property transactions, negotiations, representations, and contractual relationships occur exclusively between Users.
3. No Agency, Partnership or Joint Venture
Nothing in these Terms or on the Platform creates any agency, partnership, joint venture, employment, fiduciary, or representative relationship between PropertyDonkey and any User.
No User has authority to bind PropertyDonkey.
4. Scope of Platform Services
The Platform may include, without limitation:
- property listings and media;
- Agent and User profiles;
- Agent websites or microsites (including those powered by Siimple);
- enquiry, messaging, and lead-handling features;
- optional collaborative or distribution features;
- paid services and usage-based access mechanisms.
PropertyDonkey may modify, suspend, restrict, replace, or discontinue any part of the Platform at any time, with or without notice, and without liability.
5. Eligibility & User Responsibilities
Users may include buyers, sellers, landlords, tenants, Agents, and other approved participants. Different permissions, access levels, or conditions may apply to different User categories.
You represent and warrant that:
- you have legal capacity to enter into these Terms; and
- your use of the Platform complies with all applicable laws and regulations.
6. Agent Regulatory Compliance
Agents represent and warrant that they:
- hold valid registration or licensing under the Council for Estate Agencies (CEA) and applicable laws;
- comply with the Estate Agents Act, the CEA Code of Ethics and Professional Client Care, and all applicable regulations; and
- act strictly within the scope of their authority and appointments.
PropertyDonkey does not verify, supervise, or monitor Agent compliance and bears no responsibility for regulatory breaches, disciplinary actions, or professional misconduct by Agents.
7. Accounts, Approval & Access Control
Accounts may be subject to approval, invitation, verification, suspension, or termination at PropertyDonkey's discretion.
PropertyDonkey may restrict, suspend, or terminate access:
- to protect Platform integrity;
- to comply with legal or regulatory obligations; or
- to mitigate legal, operational, or reputational risk.
No entitlement, refund, compensation, or expectation arises from account restriction or termination, except where required by law.
8. Listings & Content Responsibility
Users are solely responsible for all content submitted, published, transmitted, or displayed on the Platform.
Users represent and warrant that:
- they have full authority to publish the content;
- the content is accurate, current, and not misleading; and
- the content does not infringe any law or third-party rights.
PropertyDonkey does not verify Listings and may remove, modify, reclassify, restrict, or disable content at any time without liability.
9. Collaborative Listing Features & Agent Declarations
The Platform may offer optional features that allow Agents to display, distribute, or promote Listings in collaboration with other Agents ("Collaborative Listing Features").
By using such features, Agents acknowledge and agree that:
9.1 Platform Role
PropertyDonkey provides Collaborative Listing Features as technical tools only and:
- does not validate or supervise collaborative arrangements;
- does not determine commercial entitlements; and
- is not a party to, nor responsible for, any outcomes arising from such arrangements.
9.2 Seller / Landlord Disclosure
An Agent enabling a Listing for Collaborative Listing Features represents and warrants that the relevant seller or landlord:
- has been informed that other licensed Agents may promote or introduce prospects for the Listing; and
- has not objected to such participation at the time the Listing is enabled.
PropertyDonkey relies on such representations without independent verification.
9.3 Commercial Terms Between Agents
Any commission splits, referral arrangements, or commercial terms between Agents:
- are matters solely between the Agents concerned;
- are not enforced or guaranteed by PropertyDonkey; and
- do not create any payment, escrow, settlement, or trust obligation for PropertyDonkey.
9.4 Platform Records
The Platform may record acknowledgements, configurations, timestamps, or system logs in connection with Collaborative Listing Features. Such records:
- are informational only;
- may be incomplete or subject to technical limitations; and
- do not replace legal agreements between Agents.
9.5 No Enforcement or Protection Guarantee
PropertyDonkey does not monitor, prevent, or enforce non-circumvention, non-bypass, or conflict-of-interest protections. Agents remain solely responsible for protecting their own commercial interests and for managing conflicts or disclosures.
9.6 Risk Allocation & Indemnity
Agents assume all risks arising from Collaborative Listing Features and shall indemnify PropertyDonkey against any claim, dispute, loss, liability, or regulatory issue arising from:
- false or inaccurate representations;
- commission disputes; or
- failures to disclose or manage conflicts.
10. Payments & Usage Entitlements
Certain Platform services may require payment. Applicable fees and conditions are disclosed prior to purchase.
Payments grant limited rights to access specific services or features for a defined scope, duration, or quantity ("Usage Entitlements").
Usage Entitlements:
- are rights to service access only;
- do not constitute money, credit, property, stored value, or a wallet;
- are non-transferable unless expressly stated; and
- may expire or be forfeited upon termination or misuse.
11. Agent Pages, Platform Controls & Presentation
PropertyDonkey may generate, host, or manage Agent pages or websites using Platform tools.
PropertyDonkey retains discretion over structure, visibility, data presentation, attribution, ranking, and distribution rules.
Users must not bypass, interfere with, reverse engineer, or attempt to override Platform controls.
12. Intellectual Property
All Platform software, designs, data structures, trademarks, and non-user content are owned by PropertyDonkey or its licensors.
No rights are granted except as expressly stated.
13. Prohibited Conduct
Users must not engage in unlawful, deceptive, abusive, automated, or security-compromising conduct, including scraping, impersonation, system interference, or misuse of communications.
14. Suspension, Enforcement & Remedies
PropertyDonkey may take enforcement action, including suspension or termination, where it reasonably determines a breach or risk exists.
PropertyDonkey bears no liability for losses arising from enforcement actions, to the extent permitted by law.
15. Third-Party Services
The Platform may integrate or link to third-party services. PropertyDonkey does not endorse and is not responsible for third-party services, outages, or acts or omissions.
16. Disclaimers
The Platform is provided on an "as is" and "as available" basis.
All analytics, indicators, estimates, rankings, or automated outputs are informational only and not professional, legal, financial, or valuation advice.
17. Limitation of Liability
To the maximum extent permitted by law:
- PropertyDonkey is not liable for indirect, incidental, consequential, special, or punitive damages; and
- total liability shall not exceed fees paid by the User in the preceding three (3) months.
18. Indemnity
Users agree to indemnify and hold harmless PropertyDonkey from all claims, losses, liabilities, damages, costs, and expenses arising from:
- their use of the Platform;
- their Listings or content; or
- breaches of these Terms or applicable law.
19. Interpretation, Ambiguity & Platform Determination
In the event of any ambiguity, inconsistency, omission, or uncertainty in these Terms or in any feature, policy, rule, mechanism, or operation of the Platform, PropertyDonkey may interpret and clarify such matters acting reasonably and in good faith, having regard to the nature and purpose of the Platform.
Any such interpretation shall be binding on Users unless otherwise required by applicable law.
20. Force Majeure
PropertyDonkey shall not be liable for failure or delay caused by events beyond its reasonable control, including natural disasters, pandemics, governmental actions, infrastructure failures, or third-party service outages.
21. Governing Law & Entire Agreement
These Terms are governed by the laws of Singapore.
These Terms, together with the Refund Policy and Cancellation Policy, constitute the entire agreement between you and PropertyDonkey.
