Terms of Use
Updated 20th February 2023
Welcome to REAL Messenger Holdings Limited (“REAL”)!
This is the agreement between you and REAL Messenger Holdings Limited (“REAL”) (hereinafter referred to as “REAL, “We”, or “our”), the owner and operator of www.Real.co, related data, including all content provided by REAL and/or related services (collectively, the “Services”).
These Terms set out all of the rules and obligations that apply to your use of the REAL and or its Services.
By downloading, installing, and using REAL or the Services, or by otherwise using our websites, networks, mobile applications, or other REAL services provided by REAL (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following Terms of Use, as updated from time to time (the “Terms of Use”). If you choose to not agree with any of these Terms of Use, you may not download, install or use the Services.
Definitions
REAL offers an online venue that enables users (“Members”) to publish, offer, search for, or communicate. REAL does not own, control, offer or manage any Posts or publishing services. REAL is not a real estate broker and REAL is not acting as an agent in any capacity for any REAL Agent and User.
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.
Member: A user who completes the REAL registration process as described under the “Account Registration” section below.
REAL Agent: A Member who creates a Post or fills in a REAL Agent profile via REAL or the Services.
Post: A space that is listed by any Member as available for contacting and inquiring via REAL or the Services.
Follower: A Member who clicks the “Follow” button on a user’s profile page via REAL or the Services.
Collective Content: Member content and REAL Content
We: REAL Messenger Holdings Limited (“REAL”) and the REAL family of businesses and its affiliated brands collectively.
Services: REAL website, software, related data, including all content provided by REAL and/or related services the estate agency services we have agreed to provide to you in respect of the Property, as described in the Sales Contract.
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 the election of directors or other managing authority.
Account: means a unique account created for you to access our Services or parts of our Services
Company: (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to REAL Messenger Holdings Limited (“REAL”).
Content: refers to content such as text, images, videos, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device: means any device that can access our Services such as a computer, a cell phone, or a digital tablet.
Feedback: means any comments, innovations or suggestions provided by Members regarding the attributes, performance, or features of our Services.
“Website” refers to www.real.co, accessible from https://www.real.co
Eligibility; Accounts and Registration
You represent, acknowledge, and agree that you are at least 18 years of age to use REAL or our Services, you have not previously been suspended or removed from the Services and your registration and your use of the Services are in compliance with all applicable laws and regulations.
You must register a REAL account to access and use many features of REAL or the Services. When you register for a REAL account you will be asked to provide us with some information about yourself, You undertake that all information provided by you for the purposes of registering with us is accurate and complete. You agree to keep your contact information accurate and up-to-date.
Each account is for one single user only. You must not share your username and account with any other person or with multiple persons on a network or create more than one account. Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf.
If you use REAL or our Services, you are responsible for maintaining the confidentiality of your own REAL account and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account. REAL reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Availability and System Requirements
REAL is an application available to devices running Apple iOS and Android OS Operating Systems. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
The version of the REAL may upgrade or update from time to time to add support for new functions or services. You consent to all upgrades and updates, including automatic upgrades or updates that are required for our Services to work and understand that these Terms of Use shall apply to all updated or new versions of REAL and our Services.
Subject to your compliance with these Terms of Use, REAL grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store-sourced application, you will only use the App Store Sourced Application (1) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. REAL reserves all rights in the Application not expressly granted to you by these Terms.
In order to use REAL, you are required to have a compatible device, internet access, and the necessary specifications (‘Software Requirements’).
We don’t charge you to use REAL or Services covered by these Terms unless we state otherwise.
Please be aware that your carrier’s normal rate and fees, such as text messaging and data charges, will still apply. You agree that you are solely responsible for any applicable charges.
You provide consent and all rights necessary to enable users to sync (including through an application) with their devices any information that is visible to them on REAL.
Your Responsibility
You are solely responsible for your use of REAL, its Services, any content you post to the Services, and for any consequences thereof. You agree to abide by and ensure compliance with all Laws in connection with your use of the Services, including but not limited to Laws related to content creation, intellectual property, and privacy.
Content
Parts of REAL or its services enables you to provide text, photos, audio, videos, information, feedback, or other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant REAL a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. Where REAL pays for the creation of Content or facilitates its creation, REAL may own that Content.
You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant REAL the rights described in these Terms of Use. You are responsible for and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Quality Policy and Privacy Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content.
Profile and Post
As a REAL user, if you are a licensed estate agent, you may upgrade your user status to REAL Agent and you may create a Profile and a post on REAL. The profile is based upon the personal information you provided to us or that we obtain via an SNS as described above. You may not have more than one (1) active REAL account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. REAL reserves the right to suspend or terminate your REAL account and/or your access to REAL or the Services if you create more than one (1) REAL account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
As a REAL agent, REAL offers you the right to use REAL to share your post, transaction, or other agent services. To create a post, you will be asked a variety of questions about the space to be listed, including, but not limited to, location, capacity, size, features, pricing, and related rules and financial terms.
In order to be featured as a post via REAL or the Services, all posts must have valid physical addresses. Posts will be made publicly available via REAL or the Services. Other users will be able to view your post and make conversation with you via REAL or the Services.
All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties legal rights.
Limitation of Liabilities
REAL does not endorse or warrant any user, including, but not limited to REAL Agent, or any post. All users are required by these Terms to provide accurate information, and although REAL or the Services may, but have no obligation to undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm or endorse any user or the user’s purported identity or background.
By using the REAL or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from REAL or the Services with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users on the Site and Services regarding any post made by you.
If you choose to use the REAL or the Services, you acknowledge and agree that REAL and the Services are provided “AS IS”, without warranty of any kind, either express or implied. And the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you. REAL and the Services make no warranty that REAL, the Services, and the collective content, including, but not limited to, REAL Moment, be available on an uninterrupted, secure, or error-free basis. REAL and the Services make no warranty regarding the quality, accuracy, timeliness, or truthfulness of the Services, REAL Moment, or collective content.
No Endorsement
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of REAL and the Services whether in person or online remains with you.
In no circumstances shall REAL or any other party involved in creating, producing, or delivering REAL or the Services, be liable for any incidental, special, indirect, or consequential damages, arising out or relating to this Terms of Service and your use of REAL and the Services, or from the use of or inability to use REAL, the Services or collective content in connection with any interaction with any other REAL users, including, but not limited to, REAL Agent, interactions or meetings with other users of REAL or the Services, or other persons with whom you communicate or interact as a result of your use of the REAL or the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not REAL has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
REAL Agents participating in the Services, are solely responsible for the information provided and services to users. REAL shall not be liable for any damages or costs of any type arising out of or in any way connected with any user’s use of the Services. REAL is not responsible for any errors or delays caused by users or any REAL Agent in the negotiation process. REAL reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Real Estate Agent or other users from REAL. When an individual user applies for REAL Agent, REAL uses commercially reasonable efforts to confirm the information provided by REAL Agent (in the states claimed in Profile). However, users should confirm information or credentials if they choose to contact the REAL Agent.
REAL and its related entities, directors, officers, employees, and agents disclaim all liability and responsibility for any direct or indirect loss or damages that may be suffered by any recipient through relying on anything contained in or omitted from REAL or the Services.
REAL is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device, or mobile phones as a result of the installation or use of the REAL.
In no event shall REAL and the Services be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) unauthorized access to or use of our secured servers and/ or any and all personal information and/ or financial information stored therein, (2) interruption or cessation of transmission to or from our servers, and/ or (3) bugs, viruses, Trojan Horses, or the like, which may be transmitted to or through REAL or the Services by any third party.
REAL and the Services explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of a course of dealing or usage of trade.
Some jurisdictions do not allow the limitation of incidental or consequential damages so this limitation may not apply to you. In no event shall REAL’s total liability to you for all damages exceed the amount of one hundred U.S. dollars (US$100).
Third-party links and advertising
REAL and the Services may include advertisements, hyperlinks, and pointers to websites or applications operated by third parties. Links to third-party websites or Applications include, without limitation, links to REAL of some of our REAL users and REAL Agents. Those third-party websites or hyperlinks do not form part of REAL, the Services, or our content and are not under the control of or the responsibility of REAL.
Indemnification
You agree to release, defend, indemnify, and hold REAL and the Services (including its affiliates, their personnel and REAL companies), harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, the Services, or Collective Content or your violation of these Terms; (b) your user Content; (c) your interaction with any user, creation of a post, the use, condition of the space by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the use of space.
In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill, or reputation, or any indirect or consequential loss or damage.
Suspension, Termination, and Account Cancellation
REAL and the Services may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your REAL account. If we exercise our discretion under these Terms of Service to do, any or all of the following may occur with or without prior notice or explanation to you: (a) your REAL Account will be deactivated or suspended and you will not be able to access the REAL, the Services and collective content, (b) any communication between you and users may be terminated, (c) we may communicate to users that your account has been suspended or canceled. You may cancel your account by sending an email to team@Real.co. Please note that if your Real Account is canceled, we do not have an obligation to delete or return to you any content you have posted to the REAL and the Services, including, but not limited to, any post, pictures, and conversation between you and the REAL user.
Proprietary Rights and license
All trademarks, copyright, database rights, and other intellectual property rights of any nature in REAL and the Services together with the underlying software code are owned either directly by REAL or by REAL licensors.
The design of REAL along with REAL created text, scripts, graphics, interactive features, and the like, the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to REAL, subject to copyright and other intellectual property rights under Laws of the State of Delaware and foreign laws and international conventions. REAL and the Services are provided to you AS IS for your information and personal use only. REAL reserves all rights not expressly granted in and to REAL and the Services. You agree not to engage in the use, copying, or distribution of any of the services other than expressly permitted herein, including any use, or distribution of status submissions of third parties obtained through the service for any commercial purposes.
Feedback
You hereby agree to grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use any input, feedback, and suggestions given by you regarding our Services, in any manner and for any purpose, including to improve the Services or create other products and Services.
Digital Millennium Copyright Act (DMCA Notice)
REAL respects the intellectual property rights of others and expects the Customer to do the same. We comply with the provisions of the United States Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. S512, as amended, we will remove all infringing content if properly notified that it infringes third-party copyrights, and may do so at its sole discretion, without prior notice at any time.
In accordance with Title 17, United States Code, Section 512(c)(2) Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent by providing the following information:
(i). Identification of the copyrighted work that you claim has been infringed;
(ii). Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(iii). Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(iv). A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
– By Email: legal@real.co
– By Mail: 4001 Kennett Pike Suite 302 Wilmington, Delaware 19807
– If you give notice of copyright infringement by email, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your email before we are required to take any action.
Jurisdiction
These Terms of Use are governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. By Your use of REAL and the Services, you agree to submit to the personal and exclusive jurisdiction of Delaware Court of Chancery sitting in Williams Justice Center in the City of Wilmington for any and all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use.
Other
Your use of the Services is subject to all additional guidelines, rules, Product Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, including, without limitation, Content Quality Policy.
Our Terms are written in English (United States). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the “Last modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.