Terms

Welcome to WhoLivesNearYou. We sincerely hope that you will enjoy our service for years to come. The following Terms Of Service are necessary to allow us to provide you with the best possible experience and are intended to:

• Outline the Code of Conduct for all members of the service

• Protect users from those few individuals who act in an inappropriate or fraudulent manner

• Maintain the integrity of the data collected

• Share information with our users in an honest, upfront manner

The following terms apply to you and your use of the WhoLivesNearYou service. You are required to agree to these terms to become a part of the WhoLivesNearYou community. These terms may be amended or changed unilaterally at any time by WhoLivesNearYou without prior notification to you. We will place a notice on the site alerting you to a change in the terms. The new terms will become binding on all members from the time they are first displayed on the site. Violation of these terms may lead to termination of your membership and exclusion from future use of the service. The following constitute the rules of conduct on the WhoLivesNearYou web site.

1. Introduction

   This Agreement is a legal document which sets out your rights and obligations, and those of 'WhoLivesNearYou.com', 'WhoLivesNearYou', 'we' or 'us', in relation to this site and the services offered by WhoLivesNearYou through it (the 'WhoLivesNearYou Service'). You must take the time to read and understand it, before registering for the WhoLivesNearYou Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the WhoLivesNearYou Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the WhoLivesNearYou Service. You should be aware that this Agreement may change from time to time in accordance with Clause 21 below.

2. Membership

   People who register for the WhoLivesNearYou Service become 'Members'. The Membership divides between those who decide to pay the fee levied to become what we call a 'Verified Member', and those who do not ('Standard Members').
   
   Standard members may:

   • personalise their profile and explore people living near them

   • receive messages, which may be notified to them by email to the address provided during Registration (and may be updated subsequently)

   • add friends to their list and see a neat breakdown of their friends' locations

   
   In addition to the facilities available to Standard Members, Verified Members may:
   
   

   • send private messages to both Verified and Standard Members

   • view neighbours’ profiles (and pictures!)

   • talk to neighbours who are currently online

   • receive alerts of new neighbours who have moved in

   • enjoy discounts from food and fashion outlets located near them by opting to receive FREE SMS coupons

   
   
   

3. Term and Termination

   (i) Term. Your Subscription Service for the Verified Account shall be either (i) on a year-to-year basis for successive yearly periods, or (ii) for a one-time annual period if you opt out of the auto-renew feature.
   
   (ii) WhoLivesNearYou fees for the Verified Account were provided to you prior to verification (SGD $2.00 as of this dated document) and may change from time to time upon electronic notice served to you by way of electronic mail or a prominent notice on the website. Fees paid by a Verified Member will not be rebated or refunded by WhoLivesNearYou due to an early termination of Service or a breach in this Agreement.
   
   (iii) WhoLivesNearYou reserves the right to terminate your access to the site for any reason or no reason. WhoLivesNearYou may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us.
   
   (iv) We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

    

4. Registration

   You undertake to register for the WhoLivesNearYou Service using accurate and current information about yourself - including your correct name, address and any other requested details. You also undertake only to add yourself to a place of residence on the WhoLivesNearYou Service which you resided at the relevant time. As part of the registration process for the WhoLivesNearYou Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.

5. Privacy policy

   WhoLivesNearYou's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the WhoLivesNearYou Service (including any which contain personal information) is, of course, accessible to internet users around the world.

6. WhoLivesNearYou's Role

   You acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the WhoLivesNearYou Service or outside of it. We only provide a venue where the WhoLivesNearYou Service may be accessed. In particular, you should be aware that WhoLivesNearYou does not pre-screen or monitor the material contributed by Members.

7. Additional services

   WhoLivesNearYou or its affiliates may offer new or additional services through the WhoLivesNearYou Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the WhoLivesNearYou Service in an appropriate manner (as determined by WhoLivesNearYou in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

8. Operation of WhoLivesNearYou Services

   WhoLivesNearYou reserves the right to withdraw or modify one or more aspects of the WhoLivesNearYou Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the WhoLivesNearYou Service becomes inaccessible as a result of technical difficulties experienced by WhoLivesNearYou or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that in most cases there will be no refund of Verified Membership fees for withdrawal, modification or unavailability of the WhoLivesNearYou Service, except otherwise stated. For security or other reasons, we may require you to change password or other information which facilitates access to the WhoLivesNearYou Service.

9. Misuse of WhoLivesNearYou Service

   We reserve the right (a) to suspend or terminate any Member's access to the WhoLivesNearYou Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the WhoLivesNearYou Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the WhoLivesNearYou Service without our prior consent. You are responsible for everything which is done on or through the WhoLivesNearYou Service while your Membership account is logged on to the WhoLivesNearYou Service.

10. Relevance

    The WhoLivesNearYou Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

    • place material on, or otherwise use, the WhoLivesNearYou Service for any business or commercial purpose; or

    • use your access to the WhoLivesNearYou Service, or information gathered from it, for the sending of unsolicited bulk messages/emails (sometimes known as spam).

11. Rules of Conduct

    You agree that you will not use the WhoLivesNearYou service for any purpose that is unlawful or not permitted by this Agreement. You agree that when uploading or communicating via the Site, including in respect of any forums, messaging service or other exchanges accessed on or through the Site, you shall not do any of the following:

    • Defame, abuse, harass, insult, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.

    • Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent, explicit or unlawful material or information.

    • Breach any applicable law, whether criminal, tortious or otherwise.

    • Infringe the intellectual property or other rights of any person or entity.

    • Behave in a manner which becomes a nuisance to the WhoLivesNearYou community, this includes conduct that interferes with public health, safety, peace or convenience.

    • Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or WhoLivesNearYou ’s business.

12. Alerting WhoLivesNearYou

    If you see anything on the WhoLivesNearYou Service which appears to infringe this Agreement, then please contact us to inform us of it by using the 'Contact Us' function, or by emailing us here. Alternatively, certain pages contain the "Report" link that facilitates the reporting procedure. We do not generally monitor material contributed by Members before it is placed on the WhoLivesNearYou Service, and so we are reliant upon users to point out any which infringes this Agreement.

13. Withdrawal of material and Termination of Membership

    Each Member acknowledges that we are entitled to withdraw any material on the WhoLivesNearYou Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the WhoLivesNearYou Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the WhoLivesNearYou Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the WhoLivesNearYou Service.

14. Disclaimer and Release

    WhoLivesNearYou has no control over or responsibility for the truth or accuracy of any material available on the WhoLivesNearYou Service, whether provided by Members or others.

    • If any third party sites are linked to from the WhoLivesNearYou Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

    • You should exercise no lesser degree of caution in appraising what you see on the WhoLivesNearYou Service than you do offline.

    • Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

    • Your use of the WhoLivesNearYou Service is entirely at your own risk.

    • Accordingly, to the extent that the law permits, you release WhoLivesNearYou, its directors, contractors and employees from all liability arising out of or in connection with the WhoLivesNearYou Service and the material included here by Members and other third parties.

15. Intellectual Property

    You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the WhoLivesNearYou Service (including the material which is contributed by Members) are owned by WhoLivesNearYou. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the WhoLivesNearYou Service, or any of the material which is found on the WhoLivesNearYou Service unless properly licensed to do so by us.

    • By submitting any material or content to the WhoLivesNearYou Service, you:

    • are representing that you are fully entitled to do so;

    • grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

    • authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

16. Excluded loss

    We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). WhoLivesNearYou will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

17. Non-excluded Liabilities

    Nothing in this Agreement limits WhoLivesNearYou's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

18. Indemnity

    You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the WhoLivesNearYou Service.

19. Assignment

    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of WhoLivesNearYou assign or dispose of this Agreement.

20. Entire Agreement

    This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the WhoLivesNearYou Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us.

21. Changes to this Agreement

    These terms of use may be updated from time to time to clarify anything that may cause confusion, or to cover new aspects of the site. The updated terms of use are presented the next time a subscriber makes an authenticated access to the site. Users are required to confirm that they have read, understood, and accept the new terms of use to be allowed to continue to access the site.

22. Severability

    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

23. Law

    This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore.

Disclaimer

Except as specifically provided in this provision, the site and its content are provided 'as is' and WhoLivesNearYou disclaims, and you waive, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement, or any other warranty, condition, guarantee, or representation related to the site and its content and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The functions, materials and content of the site are not warranted to be uninterrupted or without error, and WhoLivesNearYou and its providers do not warrant the accuracy, currency or reliability of information on the site. You assume the entire risk and cost of repairs or corrections to your hardware or software due to the use of the site.

Limitations of Liability & Remedies

Your use of the site is entirely at your sole risk. WhoLivesNearYou, and WhoLivesNearYou directors, officers, employees, licensors, agents or affiliates shall not be liable to you or any third parties for any damage to your computer from use of the site or viruses, or direct or indirect, incidental, consequential, special, exemplary or punitive damages or losses (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use or non-performance of the site, including without limitation loss of profits, loss of revenues, business interruption or other pecuniary loss even if WhoLivesNearYou has been advised of the possibility of such damages or loss. WhoLivesNearYou is not responsible for, and shall have no liability with respect to the content of third party web sites that are linked to or from the site. WhoLivesNearYou is not responsible for the user generated content on the site.

Ownership of member-contributed materials

You agree that copyright and all intellectual property in information submitted or uploaded to the site vests in WhoLivesNearYou at the time it is submitted or uploaded. Such information includes your personal information and any stories, photographs or other uploadable material. Such assignment is irrevocable and you agree to our publishing or displaying such information on our site without seeking further express consent from you and without the requirement to pay you royalties, fees, commissions or any other payment for the purpose of doing so.

Updated 14-August 2005