These Website Terms and Conditions (“Terms and Conditions”) apply to services related to searching for, managing, or advertising a rental property, as more fully described in Section 1 below (collectively, the “Service”) provided by Shanghai Biao Shangwu Zixun Ltd., through its brand, www.unlockshanghai.com. By using the Service, you acknowledge and agree that you are at least eighteen (18) years of age and have read these Terms and Conditions. You further agree that these Terms and Conditions form a legally binding contract between you and us.
The Service and Content
- For Renters. The Service is an online platform that allows property renters (“Renters”) the ability to review listings, descriptions, availability, and pricing for rental properties, submit inquiries, and leave truthful reviews for property management firms and real estate agencies. www.unlockshanghai.com makes no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, availability, and pricing. Such information is subject to change at any time without notice. Renters may send a reasonable number of inquiries. If the amount of inquiries exceeds what can be considered reasonable, We may limit your ability to contact real estate agencies or property managers through www.unlockshanghai.com. If we find a review of a real estate agency or landlord to be not truthful, we may remove it from the website.
- For Landlords, Property Managers, and Real Estate Agencies. The Service also allows Landlords, Property Managers (including Service Apartment Managers), and Real Estate Agencies to list properties, respond to received inquiries, and react to reviews.
By using the listing function to advertise on www.unlockshanghai.com, you represent and warrant that: the property is eligible to be listed, meaning the property is a) a residential property, meaning a room, apartment, service apartment, or single-family home and for rent, or b) a commercial property, such as retail, industrial, or office space, or other similar activities. If listed under one of the residential categories, the property must be able to be registered by a foreign resident in China with the household registry.
Further you warrant that all information you provide about a property and about yourself is accurate, with special regards to the listed price, size, location and attached pictures. If you learn a listed property is not available anymore, you are obliged to mark the listing accordingly or to remove it from the website within 7 days.
Lastly, you must not represent your role, such as presenting yourself as a Landlord or Property Manager when you are not.
If you fail to follow these requirements, we may delete affected listings without compensation for you. If you fail repeatedly to provide eligible listings and/or accurate information, we may temporarily or permanently suspend your account depending on the gravity of your misuse of our service, withour compensation for you.
Beyond the above-specified requirements for a listing, all content that you submit and make available on www.unlockshanghai.com must comply with all laws and regulations of the People’s Republic of China. If you breach the laws and regulations of the the People’s Republic of China, we may remove related content from public access, terminate your right to access www.unlockshanghai.com, and we will forward related information to law enforcement or authorities as legally required or as we feel necessary to do.
2. Usage Fees
- For Renters. Usage of www.unlockshanghai.com is completely free of cost for renters.
- For Landlords, Property Managers, and Real Estate Agencies. Users who want to list properties for marketing purposes can do so by choosing a Property Package through the website or by contacting us via email. After choosing a package and confirming your choice, you will receive a digital invoice in your www.unlockshanghai.com account and payment instructions. Your package will only be activated once the payment is received.
The free package, allowing to list one property per period of six months, can be chosen by all parties including real estate agencies. However, only one free package subscription per user and per agency may be active at any given time. Creating several user accounts and activating several free subscriptions at the same time will automatically lead to a termination of your rights to use www.unlockshanghai.com.
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO SHANGHAI BIAO SHANGWU ZIXUN LTD.), OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. SHANGHAI BIAO SHANGWU ZIXUN LTD. DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF SERVICES. SHANGHAI BIAO SHANGWU ZIXUN LTD. DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS COMPLETE OR FREE FROM ERROR OR WILL BE AVAILABLE 24 HOURS PER DAY, SEVEN DAYS PER WEEK, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, INJURY, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. SHANGHAI BIAO SHANGWU ZIXUN LTD. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICE IN ANY GEOGRAPHIC AREA. IN NO EVENT WILL SHANGHAI BIAO SHANGWU ZIXUN LTD. HAVE ANY LIABILITY FOR EVENTS OR CAUSES BEYOND ITS REASONABLE CONTROL.
Shanghai Biao Shangwu Zixun Ltd. does not guarantee any result using the Service, including, but not limited to, receiving inquiries for property listings, or finding a property of a renter’s liking. Shanghai Biao Shangwu Zixun Ltd. makes no guarantee with respect to the security or the effectiveness of the products.
4. Limitation of Liability / Exclusive Remedy.
IN NO EVENT SHALL SHANGHAI BIAO SHANGWU ZIXUN LTD. OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR VENDORS BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY THE CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OR ACCESS OR INABILITY TO USE OR ACCESS THE SERVICE, PAYMENT PORTAL OR ANY MATERIALS OBTAINED ON OR THROUGH THE SERVICE AND PAYMENT PORTAL, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF SHANGHAI BIAO SHANGWU ZIXUN LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE WILL ANY OF THE SHANGHAI BIAO SHANGWU ZUXUN LTD. PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE.
In addition, Shanghai Biao Shangwu Zixun Ltd. will not be liable in respect of the following: (a) any decisions made by you as a result of the performance of the Service, (b) any decisions made by you as a result of any transactions made by you using the platform or in reliance of the Service, or (c) your misuse of the Service, platform or other material provided to you in connection with the Service.
Shanghai Biao Shangwu Zixun Ltd. – Shanghai, Chongming District, No. 8 Xiushan Road 3/1/J 185
Last updated: 17-04-2020