Terms and Conditions

Last updated: 31-03-2021

  1. General Rules

    Please read these terms and conditions (these Terms) before using this website (the Website) owned and/or operated by Fulcrum Global (Hong Kong) Limited (us, we, or our). By using services provided by us (the Services), you are indicating that you have read, and that you understand and agree to be bound by these Terms. We may change these Terms from time to time. Any changes will be displayed on this Website. You are deemed to have agreed to any changes in your next use of this Website following such changes. If you disagree with any and/or all of these Terms, you must not use this Website. Our privacy policy applies to the use of this Website, and its terms are hereby incorporated by reference into these Terms.

  2. Use of this Website and the Services
    1. This Website is an online platform where its users may, among other services, obtain information on certain listed properties from time to time (the Properties, each a Property). You will only use this Website and/or the Services for lawful purposes and for the purposes it is intended to be used.

    Prohibited Use

    1. As conditions of using this Website and/or the Services, you agree not to:
      1. use this Website and/or the Services in any manner or use any device or software that could disable, overburden or impair this Website or interfere with the proper operation and use of this Website and/or the Services;
      2. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or services obtained from this Website and/or the Services without prior written consent from us;
      3. access, monitor or copy any content or information of this Website and/or the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without express prior written permission from us; and/or
      4. do anything else which could, in our reasonable view, cause damage to this Website and/or the Services, us, our affiliates and their respective licensors, suppliers or service providers or would otherwise have a negative impact.
  3. Account Registration and Security 

    Prohibited Use

    1. Where applicable, users may choose to make payment of reservation fee in relation to the purchase of unit(s) of the relevant Property using the payment function on this Website (the Payment Function). For the avoidance of doubt, we do not guarantee or ensure that our users can find a suitable Property and/or unit(s) on this Website and/or via the Services.
    2. Where applicable, you are required to register a user account on this Website (the Account ) to use the Payment Function and to complete the relevant payment thereunder (the Payment Transaction). It is a condition of your use of the Payment Function that all the information you provided for the creation of the Account is true, accurate, current and complete. We have the right to suspend or terminate your Account and refuse any and all current or future use of the Payment Function (as applicable), the Services and/or this Websites (or any portion thereof) if you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
    3. You must be at least 18 years old to register an Account and to use the Payment Function.
    4. We do not currently charge fees for the provision of the Payment Function. However, we reserve the right to do so in the future, and in such case, any applicable fees will be displayed prior to your usage of the Payment Function.

    Account Security

    1. When registering for an Account, you will be directed to set up (a) a user name; and (b) a password for your Account. You are responsible for maintaining the security of your Account. You acknowledge that your Account, your user name and your password are personal to you and you agree not to provide any other person with access to the Payment Function using your Account. You must treat such information as confidential, and you must not disclose it to any other person or entity and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your user name, password, Account and/or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this clause.
    2. We will not be liable for any matters arising from or in connection with the Account and/or any loss and expense incurred or suffered by you or any other persons due to any improper or unauthorized use of the Account. We have the right to not process any payment instructions where we have reasonable grounds to believe that the Account has been altered or interfered, or a third party has been allowed to alter or interfere, with the data on your Account. We have a right to recover reasonable costs, expenses, losses and damages suffered or incurred by us as a result thereof. To the extent permissible by applicable laws, we exclude all loss, damage, cost, expense, liability and penalty arising out of or in connection with the use of the Account.
    3. You are solely responsible for storing, outside of this Website, backup information relating to your Account, your user name and your password. If you do not maintain backup information of such outside of this Website, you may not be able to access your payment records associated with or maintained in your Account if we modify, suspend or terminate the Websites and/or the Services.
  4. Payment
    1. All prices quoted on this Website are in the local currency of the relevant Propert(ies). We reserve the right to change prices as displayed on this Website at any time for any reason (including but not limited to reflection of any change in the cost of Properties due to any unforeseeable circumstances beyond our reasonable control, including without limitation, foreign exchange fluctuation, currency regulation, change in tax, levies, or otherwise), and to correct pricing errors that may inadvertently occur.
    2. You must complete the Payment Transaction(s) by the payment method(s) as specified by us from time to time. You may be redirected to the applicable third-party payment system interface for completion of the Payment Transaction(s).
  5. Links to Third-Party Websites
    1. This Website may contain information and materials from third parties, including but not limited to social media content, online services and links to other websites (such as payment gateways) that are not owned, operated or controlled by us (the Third Party Material ). We have no control over, and assume no responsibility for:
      1. the content of any Third Party Material;
      2. any links contained within such Third Party Material; and/or
      3. any changes or updates made to such Third Party Material.
    2. We will not be responsible or liable to you for any loss and take no responsibility in relation to loss, inaccessibility or transaction which may arise from the Payment Transaction(s) provided by third party service provider(s) in relation to this Website (as applicable), including but not limited to:
      1. any loss, delay, error or omission which may occur in relation to the transmission;
      2. any exchange control or restriction which may be imposed by applicable laws;
      3. any loss or delay to you arising therefrom in connection with such control or restriction; and/or
      4. any charge which may be imposed by the third-party service provider(s).
    3. This clause 5 (Links to Third-Party Websites) does not affect any warranties or liabilities which cannot be excluded or limited under applicable laws.
  6. Disclaimers

    Disclaimers of Information Contained

    1. Your use of this Website, the Services and any items obtained through this Website is at your own risk. This Website, the Services and any items obtained through this Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that this Website, the Services and any items obtained through this Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that this Website or the server that makes it available are free of viruses or other harmful components or that this Website, the Services and any items obtained through this Website will otherwise meet your needs or expectations.
    2. You understand and agree that actions or inactions caused by third parties or external instrumentalities (including without limitation the Internet) may create situations in which connections to this Website may be impaired or disrupted. While we will use commercially reasonable efforts to take any actions we deem appropriate to remedy and avoid such events, we make no guarantee that such events will not occur and you agree that we shall have no liability for any breach of these Terms to the extent caused by any such event.
    3. Information contained in this Website is not intended to create any legal relationship (whether contractual or otherwise) or to be regarded as providing any advice or recommendation. Please seek appropriate professional advice before making any decision on any Payment Transaction. Any use of or reliance on information made available on this Website and/or via the Services shall be at your own risk. No financial or investment advice is provided by our member and any/all information on this Website shall not be regarded as recommendation, offer to sell, or solicitation of any offer to sell any product, securities, investment, property and/or services. You understand that purchasing uncompleted properties situated outside Hong Kong is complicated and contains risk, and that you should review all relevant information and documents carefully before making a decision to purchase any unit of Properties.
    4. There may be information regarding mortgage loans or otherwise financial arrangements offered by financial institutions in relation to the purchase of unit(s) of the Properties in our marketing materials. While we will use commercially reasonable efforts to include updated information with regards to any such financial product(s), we make no guarantee, representation or warranty as to the accuracy or completeness in the content thereof. For the avoidance of doubt, the financial institutions offering any such financial product(s) (and not us) retain the right to determine the eligibility of any such financial product(s) and they may revise the terms of eligibility from time to time. We cannot and do not guarantee whether any financial product(s) will be made available to you.
    5. This Website may contain statements, estimates or projections that constitute “forward-looking statements”. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from our historical experience and our present expectations or projections. We undertake no obligation to publicly update or revise any forward-looking statements.
    6. We, our agents, licensors or other third-party providers:
      1. do not warrant that the Services will be uninterrupted or error-free;
      2. are not responsible for the availability, content or services of other third-party providers; 
      3. do not endorse the accuracy, satisfactory quality, completeness, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Services or available through links in this Website; and
      4. do not guarantee or warrant that the Services or materials that may be downloaded from this Website do not contain any destructive features or viruses, worms or otherwise and you rely on the Services and any materials available through this Website solely at your own risk. 
    7. In the event of a discrepancy between (a) any information provided through this Website (including through our online enquiry system); (b) any information contained in this Website; (c) any information provided in marketing events organised by us (as applicable); and/or (d) the sale and purchase agreement for purchase of unit(s) of the relevant Property, you understand that the terms and conditions stipulated in the relevant sale and purchase agreement shall at all times prevail.

    Disclaimer of Liability

    1. We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purposes.
    2. You understand and agree that it shall be your sole responsibility to ensure that your use of this Website and/or the Services is/are in compliance with the applicable laws (including but not limited to any laws and regulations relating to anti-money laundering activities). Any use of this Website and/or the Services which is not in compliance with the applicable laws shall not be construed to be published, caused, reproduced, copied, permitted, authorized, agreed, solicited or otherwise endorsed by us. We disclaim all liabilities arising or relating to your use of this Website and/or the Services which is not in compliance with the applicable laws.
    3. Our sales representatives for the Properties work exclusively in relation to properties outside Hong Kong and are therefore not licenced under the Estate Agents Ordinance (Cap 511 of the laws of Hong Kong) to deal with properties situated within Hong Kong.
    4. This clause 6 (Disclaimers) does not affect any warranties or liabilities which cannot be excluded or limited under applicable laws.
  7. Limitation of Liability
    1. We reserve the right, in our sole discretion and without notice, to the extent legally permissible, to temporarily or permanently modify, suspend, or terminate this Websites and/or the Services (or any part thereof). We shall not be liable to you or any third party for any such temporary or permanent modification, suspension or termination.
    2. In no event will we, our affiliates, our respective licensors, service providers, employees, agents, officers or directors be liable for loss of profit, business opportunities or anticipated savings or benefits or for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use your Account, this Website and/or the Services, or any services or items obtained through this Website, including any direct, indirect, special, incidental, consequential or punitive damages.
    3. Where limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws, we shall bear the liability to the extent set forth in the relevant laws.
    4. You accept and acknowledge that there are risks associated with utilizing this Internet-based Website and Services including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within or associated with your Account. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.
    5. Claims submitted with undue delay may be considered void pursuant to the applicable statute of limitations. Only bona fide claims will be considered. Notwithstanding the above, any cause of action or claim you may have arising out of or relating to these Terms, this Website and/or the Services must be commenced within three (3) months after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
    6. Without prejudice to the foregoing and insofar as permitted under applicable laws, the aggregate liability of us to any user shall in no event exceed an aggregated and total amount of One Thousand Hong Kong Dollars (HKD1,000).
  8. Indemnity

    To the extent permitted by law, you agree to defend, indemnify and hold us, our officers, our directors, our employees and our agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

    1. your use of and access to this Website;
    2. your violation of any clause of these Terms; or
    3. your violation of any third party rights, including but not limited to any copyright, property, or privacy rights.

  9. Intellectual Property

    Intellectual Property Rights

    1. This Website contains copyright material, trade names and other proprietary information which are protected by copyright law. Unless stated otherwise, the software required for the Services or available at or used by this Website and the intellectual property rights in this Website and the contents made available on this Website are owned by us and/or our respective licensors, suppliers or service providers. We and our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such contents.
    2. The look and feel of this Website is protected by copyright with all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without the express written permission from us.
    3. Our name and logo and all our or our affiliates’ or licensors’ related names, logos, product and service names, designs and slogans are our trade marks. You must not use such marks without our prior written permission.
    4. We exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) this Website and the contents hereunder (including the translated content). Any unauthorised use will constitute a material infringement of our intellectual property rights.

      Prohibited Behaviours

    5. You may not modify, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, this Website and its contents, in whole or in part except as provided in these Terms, except as follows:
      1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials;
      2. you may store files that are automatically cached by your web browser for display enhancement purposes; and/or
      3. if we provide social media features with certain contents, you may take such actions as are enabled by such features.
    6. You may use information from this Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded contents hereunder will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright contents, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright contents.
  10. Country Specific Addendum
    1. The countries where the Propert(ies) are situated may incorporate country-specific addendums from time to time, and such addendums (the Addendums) shall be deemed to be included in and form a part of these Terms that govern the use of this Website. To the extent of any conflict between the terms contained in the Addendums and these Terms, the provisions of the Addendums will prevail.
    2. We make no claim that this Websites is accessible or appropriate outside of Hong Kong. Access to this Website may not be legal by certain persons or in certain countries. If you access this Website from outside Hong Kong, you do so on your own initiative and are responsible for compliance with local laws. If you reside in any of the countries identified in the above Addendums, then the Addendums shall replace or supplement the equivalent clauses as noted therein. This Website is prepared for use by users in Hong Kong and the countries identified in the Addendums only, and may not satisfy the laws of other countries. You should not use this Website if you do not reside in these countries.
  11. Governing Law and Jurisdiction
    1. These Terms shall be governed by and construed in all respects in accordance with the laws of Hong Kong and you hereby submit to the exclusive jurisdiction of the courts of Hong Kong.
    2. The original version of these Terms is in English. Where there is inconsistency between the English version of these Terms and any other foreign language versions, the English version shall prevail.
    3. These Terms shall be deemed severable. In the event that any clause is determined to be unenforceable or invalid, such clause shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining clauses. The severed clauses shall be replaced by a clause approximating as much as possible the original wording and intent.