PLEASE READ THESE TERMS AND CONDITIONS “Terms” CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING
JUWAI.COM, OR ANY OTHER PART OF THE JUWAI NETWORK (“this Site”).
Effective Date: 1st September 2010
This website is operated by Juwai Limited (“We”, or “Us”). Our office address is Level 35 Times Media
Centre, 133 Wan Chai Road, Wan Chai, Hong Kong and our telephone number is +852 5804 4670.
Please read these Terms and Conditions (“T&Cs”) carefully. They cancel and replace any previous versions of
our T&Cs. The use of the Juwai Platform/Service is conditional upon these T&Cs.
We may change these T&Cs by posting the revised version on our website for a reasonable period before they
become effective. Please check our website from time to time. You will be bound by the revised agreement
if you continue to use our website or services following the effective date shown. If you are a business
with an account with our Site and you don’t agree to the changes (provided that they are important ones and
not required by applicable law or regulations), you can cancel your account by providing ninety (90) days
notice by email to firstname.lastname@example.org.
In this Agreement (except where the context otherwise requires): the clause headings are included for
convenience only and shall not affect the interpretation of this Agreement; use of the singular includes
the plural and vice versa; use of any gender includes the other genders; any reference to “persons” includes
natural persons, partnerships, companies, corporations, associations, organisations, governments,
foundations and trusts (in each case whether or not having separate legal personality); any reference to a
statute, statutory provision or subordinate legislation (“legislation”) shall (except where the context
otherwise requires) be construed as referring to such legislation as amended and in force from time to time
and to any legislation which re enacts or consolidates (with or without modification) any such legislation;
any reference to an English legal term for any action, remedy, method of judicial proceeding, legal
document, legal status, court, or any legal concept or thing shall, in respect of any jurisdiction other
than Hong Kong, be deemed to include a reference to what most nearly approximates in that jurisdiction to
the Hong Kong legal term; any phrase introduced by the terms “including”, “in particular” or any similar
expression will be construed as illustrative and will not limit the sense of the words preceding those
In this Agreement, unless the context otherwise requires, the following words and expressions shall have the
“Account” means the business relationship governed by this Agreement;
“Advertisement” means online and offline promotions of any kind such as property listings, email
newsletters, featured placements, 3rd party display advertising, Editorial, sponsorships, advertorials etc
“agentadmin.juwai.com” means the back end, members only log in area where members manage their account,
profiles, subscriptions, property and reports,
“Aggregator” means a multi- listing service provider or a similar provider of multi listings services
“Customer” means a user of juwai.com or any other individual or entity referred to the Principal by
“Data” means all data, information and materials
Established Property - means all properties that aren’t defined as New Property. Establish Property is
widely termed as second hand properties as dwelling ownership has previously transferred from the developer
to the first owner. The sale of a single newly constructed dwelling within an established subdivision is
exempt and treated as an Established Property.
“Intellectual Property” means all intellectual property rights, including patents, utility models,
inventions, copyrights, database rights, design rights, trade and service marks, trade names domain names,
moral rights, topography rights, trade secrets and know-how in all cases whether or not registered or
registrable and including all registrations and applications for registration of any of these and rights to
apply for the same, and all rights and forms of protection of a similar nature or having equivalent or
similar effect to any of these existing anywhere in the world;
“Lead” means a Customer referral made from juwai.com;
“New Property” means newly constructed property that forms part of a newly constructed multiple apartment,
townhouse or subdivision development. This can be off-the-plan or completed. Sold directly by the developer
or by an agent.
“list.juwai.com” means the marketing website used by international agents to understand listing and
subscription products of Juwai.com;
“Platform” means a software mechanism designed for managing the Account and controlling the Fee by Juwai and
ListJuwai and accessible by the Principal at www.juwia.com, list.juwai.com, and agentadmin.juwai.com
“Property Information” means information (to include, without limitation, photographs and property
descriptions) relating to real estate listed by The Principal on juwai.com;
“Services” means any and all services and technologies designed to refer Customers from juwai.com to the
Principal, and any Advertising;
“Site” means means juwai.com or list.juwai.com;
“Subscription Fee” means any fee changed for listing content on Juwai as selected by the principle within
“The Principal” means you, the person or entity in whose name you are opening an Account;
referred to the Principal by juwai.com.
“www.juwai.com” means the website hosted at www.juwai.com and any affiliate or subsidiary sites;
Use of our Site – General
You must be 18 years or over to open an Account with our Site.
You must comply with our reasonable instructions concerning use of our Site.
You must supply us with correct information on registration and keep your information up to date.
You must not:
use our Site for junk mail, spam and pyramid or similar or fraudulent schemes;
do anything which may have the effect of disrupting our Site including worms, viruses, software
bombs or mass mailings;
attempt to gain unauthorised access to any part of the Site or related equipment;
use our Site other than for the purposes set out in these terms and conditions; or
on-sell Juwai to an account other than your own
We provide website enquiry forms with each property listing for the sole use of users making genuine
enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any
communication that is not genuine (such as unsolicited commercial marketing).
All Property Information of any real estate sold or which is no longer available on the market must be
removed from the Site within 10 working days of the Principal becoming aware of such information.
We reserve the right to contact any Principals or Customers to find out more about their experiences with
www.juwai.com for the purposes of gathering data or compiling testimonials.
We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable
period after they have been submitted to us. We reserve the right at our discretion to reject
- relates to real estate that has already been listed by another company on juwai.com;
- relates to real estate for which another company can demonstrate marketing rights;
- juwai.com does not wish to make available to its Customers for any reason it so determines;
- is in breach of any of its obligations under this agreement, temporarily or otherwise; or
- is in breach of any advertising guidelines set by governments in any given markets.
Advertisers must ensure that property listings and other Advertisements are accurate and up to date, are not
misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third
party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist,
abusive, invasive of another’s privacy or similarly inappropriate.
All Advertisements must not include claims relating to the property or proposed transaction which are
not matters of fact or which cannot be checked by reasonable inspection or survey, or in the case
of any legal matters, verified by relevant documents.
We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted
to or posted on our Site (including removal of hyperlinks to, or addresses of, or other websites from
property listings) or to locate or relocate Advertisements on our Site where we think fit.
Only one property can appear on each listing, except in the case of multiple units at the same location.
We reserve the right in our discretion to determine whether multiple units do qualify for a single listing.
The property initially listed may not be changed without our prior written consent.
We may at any time immediately cancel your registration or use of our Site without cause including removal
of any Advertisement. If so, we will refund in full any fees already paid for the period in respect of which
we take such a step.
We have good reason to believe that you have breached this agreement or that it is necessary to
protect us or our users;
We receive a complaint relating to an Advertisement or an Advertiser or to products or services
referred to in an Advertisement; or
We are required by law or appropriate authority we may without giving notice or reasons remove
or suspend any Advertisement or terminate a user’s registration or right to use our Site.
In such case we will provide a refund pro rata of any relevant fees paid for any unused period.
We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or
removal of an Advertisement or from termination of registration for or of use of our Site provided we act in
accordance with this agreement.
If we have given notice in accordance with any of the previous paragraphs, you must not attempt to
re-register for or use our Site or services or re-post or re-submit the relevant content as the case may be.
We may in our discretion change or remove any feature of our Site. If this is a significant part, we will
refund any applicable fees already paid for the remainder of the period to which the fee relates.
We will provide up to 14 days buffer time to prepare materials before your listing is published
live. Buffer period is effective upon completion of purchase.
Performance of advertisements.
No guarantee is given to the number or quality of leads generated. Juwai only guarantees the
marketing of your property on Juwai.com and to the users of Juwai.com network of consumers.
External factors such as location, price, photos, descriptions, brand and inclusions are factors
determining interest in a property.
Advertiser will use best endeavours to ensure that listings content is delivered to Juwai in a
timely manner, and that best efforts are made to provide comprehensive and accurate information
regarding each listing.
- Juwai will provide all regular reports through Juwai Admin.
Appearance on our affiliate or partner websites
You consent to and understand that we may include your listing on other affiliate or partner
networks from time to time.
Images on your listing:
We reserve the right, in our sole discretion, to remove images that contravene the following:
Images on Juwai.com in positions designated for property images are not to be obstructed with any
details besides the property image itself. Images that obstruct the property image include, but are
not limited to, individual profile pictures, phone numbers, links, Quick Response Codes (“QR Codes”),
or anything depicting something other than the property itself.
Images on Juwai.com, in the position designated for company logos, must be used for your
company’s logo only and cannot be used for any other images. Images that may obstruct the company
logo placement include, but are not limited to, profile pictures, phone numbers, links and QR codes.
Banner advertisements on Juwai.com are intended to drive traffic to your Juwai
campaign pages. Images or copy materials used in the banner advertisements including, but not
limited to, the display of external links, external phone numbers, or QR codes my not be included
in the banner advertisements
Customers of Aggregators, who wish to market/advertise/list on Juwia.com, must first have a membership to
Customers of Aggregators must only list properties, which they have the direct right with the vendor to
market and sell.
Where you subscribe to the Pay-Per-Listing model, you agree to pay the price communicated per listing.
Should you accidentally or inadvertently select or load a listing as Pay-Per-Listing listing via
agentadmin.juwai.com website, you will not be entitled to any refund or cancellation rights.
You authorize Us to charge your credit card as provided to Us.
New Property Listings
New Property listings are prohibited from being displayed on Juwai.com unless utilizing
"Global New Development" listing package, in Australia and New Zealand only. For the avoidance of doubt,
this does not include those properties that are deemed an Established Property.
Data Supply and Data Use Agreement
License - you hereby grant Juwai.com a license to translate and publish your data (your ‘Data”). As
Juwai.com is a foreign language property portal, we will be translating key feature data as supplied by you
by wither data entry or XML. Our translating resources and staff will ensure the optimal translation of
Data Standards - you will provide us with data in an agreed data format and agree not to provide us with
data which you do not have the right to publish or syndicate. You will not provide data that infringes or
misappropriates any third parties rights. If you find that you have loaded data which infringes or violates
Data Use – you grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce,
edit and exploit the Material in any form and for any purpose
Indemnity - you indemnify us against any claim against any claim relating to your source data.
General - this agreement does not create any agency, partnership, joint venture, employment or franchise
Principle agrees to licence juwai.com, with a perpetual worldwide right to display its listings date.
Juwai.com operates a subscription-based service and bills on regular periods as defined by each payment
Payments must be made by the methods shown on our site.
Payments are in advance of provision of service.
You authorize Juwai Limited to charge your card in accordance with your subscribed plan.
Failure to notify Juwai of the termination of your subscription means the subscription is valid for a
continuing term in line with your billing cycle.
Subscriptions can be terminated any time after the end of the minimum subscription terms by notification to
email@example.com. Minimum subscriptions are the full term of the
subscribed subscription package.
Requests for cancellation of a continuing subscription must be made in writing 48 hours prior to the new
billing cycle as defined by your rate plan. Every effort will be made for requests that occur after this
time however they cannot be guaranteed.
Request for termination prior to the end of a minimum term are not permitted except in the case of extreme
financial hardship accompanied by a request in writing.
Termination will take effect within from the end of the minimum subscription term or as agreed by both
You remain liable for all fees incurred up to the end of the current service provision date.
You can also cancel this Agreement where otherwise permitted in these T&Cs.
This Agreement may be immediately terminated if there is any breach of this Agreement.
Termination of this Agreement, howsoever caused, shall be without prejudice to any rights or liabilities
accrued at the date of termination and shall result in the removal by juwai.com of all Property Information
uploaded on juwai.com.
If a subscription is cancelled prior to the end of the minimum term, and the user wishes to join Juwai.com
in the future, you must first pay out any outstanding balance from their previously cancelled subscription.
Juwai operates a subscription service business and is invoiced in advance.
Refunds are given without question in the instance where a credit card has been incorrectly charged or
clerical error on the behalf of Juwai or it e-commerce providers. Please email
firstname.lastname@example.org if this is the case for immediate action.
Juwai bills your credit card automatically based on the terms and conditions of your plan. Legitimately
charged fees will not be refunded.
If Juwai invoices you incorrectly through fault of the payment gateway, full refund will be given.
If you wish to cancel your subscription prior to the end of the term, you may request a cancellation in
writing not less than 48 hours prior to your subscriptions renewal.
Property traffic, listing enquiry, leads or property viewings are not grounds for cancellation.
Any username, password, activation code or similar information allocated to you is personal and not
transferable. You must keep these secure and not disclose them to any third parties. Protect against
unauthorised access to your computer. Ensure that you sign off when you finish using a shared computer.
You are responsible for the acts or omissions of anyone who uses your information or account, whether
fraudulent or not. You agree to indemnify us against any claims of this kind.
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or
unauthorised disclosure or use of a password. In such case you should immediately amend your password.
We will also take all reasonable steps to ensure the security of your information where it is in our
control to do so.
Site and Service Availability
You will need reliable internet access. Some features will require broadband access for the best quality of
service. We cannot and do not accept any responsibility for your hardware or software or for the costs of
accessing our Site.
We will do our best to maintain the operation of our Site and to rectify faults if they occur but cannot
guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do we
guarantee the integrity or security of data.
We may have to suspend the site for repair, maintenance, improvement or other technical reason. If so,
we will do our best to ensure that the suspension takes place at a time when our Site is least likely to be
used and that the suspension is for the shortest period possible.
We may make changes to the Site provided that these do not have a significant adverse effect on their
If you are supplying Advertisements to our Site via an automated “feed”, you must comply with our technical
requirements and ensure that the data does not contain viruses, Trojans or the like or otherwise
unreasonably interfere with our Site and shall make the feed available to Us in the agreed location not
less than once per week.
The Principal acknowledges and agrees that all right, title and interest in and to all Intellectual
Property Rights in the Services and/or juwai.com are and shall remain the Our exclusive property.
The Principal shall indemnify and keep Us indemnified against any and all losses arising from any
claims brought against Us that Property Information supplied by the Principal and uploaded onto
juwai.com infringes the Intellectual Property Rights of a third party.
Except as expressly permitted in this Agreement, the Principal shall not, and shall not permit others to:
(i) modify, translate, create or attempt to create derivative copies of or copy the Services or
juwai.com in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the
object code of the Services or the juwai.com to source code form; (iii) distribute, sublicense, assign,
share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the
Services or the Principal’s right to use the Services.
Limitation of Liability
Nothing in this Agreement excludes or limits the liability of either party for death or personal injury
caused by its negligence or for any matter which it would be illegal for either party to exclude or attempt
to exclude its liability or for fraud or fraudulent misrepresentation.
All warranties, representations, guarantees, conditions and terms other than those expressly set out in
this Agreement, whether express or implied by statute, common law, trade usage or otherwise, and whether
written or oral, are hereby, to the fullest extent permitted by law, expressly excluded from this Agreement.
You must give us a reasonable opportunity to remedy any matter for which We are liable before you incur any
costs remedying the matter yourself.
If you are a business, our liability of any kind (including our own negligence) with respect to our Site
for any one event or series of related events is limited to the total fees payable by you in the 12 months
before the event(s) complained of.
You represent and warrant to us that at all times during the Term of this Agreement:
you hold all required licenses or accreditation to sell or lease all properties or developments
that you list using the Service;
you have authority to sell or lease all properties or developments that you list using the Service
and have the proper authorities in place required by State, Territory or other applicable
- you will comply with all of your obligations set out in clause 14.
If you are a business, you will indemnify us against all claims and liabilities directly or indirectly
related to your Advertisement (if you are an advertiser) and/or breach of this Agreement.
If you are a consumer, you will liable for any loss or damage we suffer arising from your breach of this
Agreement or misuse of our Site.
We are not obliged to conduct any independent investigations to verify the accuracy of Property Information
provided by the Principal for upload onto juwai.com.
The obligations of each party under this Agreement shall be suspended during the period and to the extent
that that party is prevented or hindered from complying with them by any cause beyond its reasonable
control, including (but without prejudice to the generality of the foregoing expression) strikes, lock-outs,
labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or
governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood
In the event of either party being so hindered or prevented, the party concerned shall give notice of
suspension to the other party as soon as reasonably possible, stating the date and extent of the suspension
and its cause, and the omission to give such notice shall forfeit the rights of that party to claim
suspension. Any party whose obligations have been suspended as aforesaid shall resume the performance of
those obligations as soon as reasonably possible after the removal of the cause and shall so notify the
other party. In the event that the cause continues for more than 3 months, either party may terminate this
Agreement by giving the other party 30 days’ notice.
This agreement constitutes the entire agreement between you and us in connection with our Site. We may
assign all or part of our rights or duties under this agreement provided we ensure that your rights under
this agreement are not prejudiced. You may not assign your rights or liabilities under this Agreement
without Our prior written acceptance.
Nothing in this Agreement or any document referred to in it or any arrangement contemplated by it shall be
construed as creating a partnership between the parties for any purpose whatsoever and neither party
shall have the power or authority to bind the other party or impose any obligations on it to the benefit of
any third party.
Each party shall treat as strictly confidential and shall procure that its employees, sub-contractors and
agents treat as strictly confidential all information received or obtained as a result of entering into or
performing this Agreement which relates to: the provisions of this Agreement or any documents ancillary
thereto; the making of, or the negotiations relating to, this Agreement; and/or the other party, and shall
only use the same in connection with matters concerning this Agreement.
Changes to these terms and conditions
We may change these terms and conditions from time to time. Any changes will be displayed on our website. You
are deemed to have agreed to any changes when you next use our website following such changes.
Law and Jurisdiction
The terms set out in this Agreement shall be governed and construed by the laws of Hong Kong, China SAR. Any
dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence,
validity interpretation, performance, breach or termination or any dispute regarding non-contractual obligations
arising out of or relating to it will be referred to and finally resolved by arbitration administered by the
Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when
the Notice of Arbitration is submitted. The seat of Arbitration will be Hong Kong. This clause will survive
termination of this Agreement.
If you have any complaints, please contact us via the contact details shown on our website or write to our
registered office shown at the start of these T&Cs.