The person, whether natural or juridical, signing up and registering on the website and/or mobile application of Noneaway Philippines Technology, Inc. (Noneaway) agrees that these Terms shall be binding to him/her/it and that these Terms shall govern the use of the website and/or mobile application. Your access to the Noneaway Platform is permitted on a temporary basis and Noneaway reserves the right to make any changes with or without due notice and shall take effect upon the posting of the amendment(s) herein. Noneaway shall not be held liable for any damages that may be brought about with the use of the website or platform or for any injury or damages that may be sustained arising out of the website or platform unavailability at any time or for any period. Likewise, Noneaway reserves the right and shall not be held liable for any restriction of access to any or all parts of its website and/or platform. In case of confusion in the interpretation of any and/or all the provisions as stated herein, the decision of Noneaway shall be controlling and final.

By registering and signing with Noneaway, you hereby affirm that you are of legal age and is not prohibited to use or access computers and any other similar hardware within Philippine jurisdiction. For brokers and sales persons, you further affirm that you have the license or authority to conduct real estate business within the Philippine jurisdiction and that you agree and understand that you are authorized to represent either the buyer or the seller and is being granted full authority to conduct activities on their behalf in relation to the activities you will be conducting herein. 

By signing up and posting your listings, you confirm that all information provided in the application and/or registration form, including all the supporting documents uploaded or submitted through the website or mobile application are true and correct and that all information, including but not limited to the photos of the real property, description of the real property, and other relevant details that will be uploaded or entered into are done with the necessary permission from their respective owners. As such, you hereby consent that:

• Noneaway will validate such submission(s) based on the available information submitted and cross-reference with other publicly available information and/or other institutions as may be indicated by the Broker.

• Such holder, controller, and processor of the information from the foregoing sources confirm, release, and verify the existence, truthfulness, and accuracy of such information.

• Broker has duly and lawfully secured from the Broker and/or Seller, as the case may be, all the information together with the Special Power of Attorney or Letter of Authority.

• The Buyer and/or Seller information and other personal details or identifier uploaded or submitted was with the due and necessary consent of the owner to be uploaded, submitted, and used by Noneaway and that the you shall hold Noneaway free and harmless from any liability or suit from any unauthorized uploading or inputting of data or information.

Any incorrect, incomplete, or inaccurate information provided may result to delay or disapproval of the registration or application. Any incorrect information, misrepresentation, or misleading information is provided that if known to Noneaway at the time of application would not have approved the same, Noneaway reserves the right to terminate, suspend, cancel, or delete the profile you created together with all relevant information at any time and without notice. Noneaway reserves the right to cancel and/or deny the registration if the requested or required reply or feedback from has not been received to correct or amend any information required by Noneaway after due period.

Noneaway has the sole right to approve, disapprove, or remove any listing created within its database for any reason, such as but not limited to violation of the terms of use, inappropriate, inaccurate, incomplete listing, or in the sole discretion of Noneaway are violative of good morals or public customs. 

Noneaway also has the right to offer different products, product features, services, and/or promos, which it deems appropriate and based on but not limited to the your use of the website and/or mobile application, market conditions, data and research from other institutions and other partner data.

USE OF THE PLATFORM

Your use of the Site, Platform, and/or Mobile Application is by the express grant of Noneaway. Without due notice, Noneaway, at any time and on its sole discretion, may amend, remove or change the services or the contents as provided for in the Site, Platform, and/or Mobile Application. In no way, whatsoever, that your registration in the Site shall be construed to have transmittal of any intellectual property rights, trademark, patents, copyrights, licenses or ownership of any kind which is otherwise owned by Noneaway. 

You agree and understand that any transaction, final or otherwise shall be between the Buyer and Seller and Noneaway is not a party to the transaction. Warranties provided by either Party shall remain their sole warranties and shall not bind Noneaway, in any way whatsoever. Noneaway does not guarantee the accuracy, legitimacy, and marketability of any of the listings displayed in its Site, Platform, and/or Mobile Application. The Broker or any other third party shall hold Noneaway free and harmless from suit or liability from any damages or injuries that it may sustain in reliance to the listings made in its Site, Platform and/or Mobile Application.

You undertake that you will only use the Noneaway Site, Platform, and/or Mobile Application, and any materials found in it (including, but not limited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software, technology, products, files, information, data, demos, promotional materials, audiovisual and multimedia works and any other items or expressions) (collectively, "Materials") thru lawful means and in accordance with this Terms of Use and you agree to comply with these terms and conditions at all times. You undertake that you shall refrain and not misuse the Site, Platform, and/or Mobile Application for any criminal activity and will only use such resources for the intended activity or as medium for the legitimate buying and selling and leasing of real estate properties within the Philippines.

Subject to the terms and conditions of this Terms of Use, Noneaway grants you a non-exclusive, non-transferable license to use and access the Site, Platform, and/or Mobile Application for its intended use only. Such license is subject to this Terms of Use and does not include: (a) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any Materials, without the express written consent of Noneaway if not so expressly allowed; (b) modifying or otherwise making any derivative uses of the Site, Platform, and/or Mobile Application or the Materials therein, or any portion thereof; (c) downloading of any portion of the Site, Platform and/or Mobile Application and its Materials or any information contained therein, except as expressly permitted; or (d) any use of the Site, Platform and/or Mobile Application or the Materials other than for its intended purposes. 

Any use of the Site, Platform and/or Mobile Application or the Materials therein other than as specifically authorized, and without the prior written consent of Noneaway is strictly prohibited. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated, nothing in this Agreement shall be construed as conferring any license to intellectual property rights to you and Noneaway reserves the right to revoke your use of the Site, Platform and/or Mobile Application at any time and on its own discretion. Your use of the Site, Platform and/or Mobile Application as well as the in-platform messaging system are solely for informational purposes. Strict compliance is expected and review may be conducted by Noneaway or its authorized personnel at any time. Noneaway reserves the right to ban and/or suspend your account for any violation, misuse or any appropriate conduct which will be proven that you have exhibited. 

For signed-up brokers who register agents or sales person under them, said broker warrants that he/she shall be solely responsible to all the acts and omissions of his/her agents/salespersons and shall hold Noneaway free and harmless from whatsoever liability that may arise from his/her agents/salespersons acts or omissions.

Noneaway reserves the right to charge fees and/or commission(s) for the use of the Site, Platform, and/or Mobile Application and facilitation of the sale transaction. In such event, in cases wherein a transaction was consummated beyond or outside the Noneaway Site, Platform, and/or Mobile Application, whether or not with or without the knowledge and/or consent of Noneaway, provided that the real property and/or the Buyer/Seller was/were sourced within the Noneaway Site, Platform and/or Mobile Application, the concerned Parties undertakes to pay Noneaway of its applicable fees and/or commission(s), as if the transaction was fully consummated within the Noneaway Site, Platform, and/or Mobile Application. By signing up and agreeing to the Terms of Use, you agree that Noneaway may charge reasonable fees based on the transactions you did within the Site, Platform, and/or Mobile Application. Noneaway may also provide promotional activities, for a fee, that the user may avail.

OBLIGATIONS OF USER

All rights and interests for the use of the Site, Platform and/or Mobile Application and its Materials not expressly stated or granted herein are reserved by Noneaway. With the use of its intellectual property, as applicable, you agree that you will not: (a) use or transmit any Materials, data, or information available in the Site, Platform, and/or Mobile Application to anyone other than those authorized by Noneaway or his/her Buyer or Seller, as applicable; (b) modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any Materials or information available in the Site, Platform, or Mobile Application; (c) reproduce any Materials, data, or information other than those as expressly approved by Noneaway or his/her Buyer or Seller; (d) distribute, license, rent, sell, lease or otherwise transfer any Materials, data, or information; and (v) remove, obscure or alter any notice of copyright or other proprietary notices present on or in any Materials.

You represent, warrant and covenant that: (a) he/she, in connection with the use of this Site, Platform and/or Mobile Application, will comply with all applicable laws, regulations and orders of any governmental; (b) he/she has the necessary license, permits, and/or authority to conduct its business activities within the Site, Platform, or Mobile Application and is not prohibited by injunction, prohibition or restraining order to conduct the activities to be made herein; (c) he/she will not upload or otherwise transmit to this Site, Platform and/or Mobile Application any software or other materials that: (i) contain any viruses or other harmful code; (ii) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, unsolicited advertising, improper promotional material, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (iii) contain any material that is libelous, defamatory or portrays any person in a false light; and (d) he/she will strictly follow and abide with all the guidelines and regulations that may be issued or released by Noneaway from time to time.

You agree that the unauthorized use of the Site, Platform, and/or Mobile Application may cause irreparable damage to Noneaway. As such, you agree that in the event of any violation of the Terms of Use shall entitle Noneaway to claim, without bond or other security, or proof of damages, appropriate and equitable relief under applicable laws.

INTELLECTUAL PROPERTY RIGHTS

The Intellectual Property rights to the contents and all Materials in the Site, Platform, and/or Mobile Application shall remain to be exclusively owned by Noneaway Philippines Technology, Inc. You acknowledge that Noneaway is the sole and exclusive owner of the trademark and/or tradename, intellectual property rights, and copyright of the Site, Platform, and/or Mobile Application and those listings uploaded or created therein and that you waive any right or interests that may have accrued or established in your favor.

It is clearly understood that neither this Terms of Use nor your use of the Site, Platform, and/or Mobile Application shall establish or imply any transfer or cession whatsoever of secrets, patents, know-how, goodwill or trademarks, copyright or any intellectual property of Noneaway 

DATA PRIVACY

Noneaway, its partners, affiliates, subsidiaries, and third party providers respects the privacy of its users. Noneaway shall only collect, store, and use the information provided to it for legitimate purposes. The personal information you provide may be transferred to, stored, and processed within the Philippines or other countries where Noneaway leases and/or maintains facilities or business operations.

By using Noneaway’s Site, Platform, and/or Mobile Application, you hereby acknowledge and give consent to Noneaway’s use of the personal information you provided and that it may be shared by Noneaway to other financial institutions, search engines, third parties and affiliates for marketing, promotional and other legitimate purposes. If you object to anything described in this Privacy Policy, please do not use our Site, Platform, and/or Mobile Application. This Privacy Policy may change from time to time, upon the sole discretion of Noneaway. If the event of any material change in the Data Privacy Policy or the Terms of Use, Noneaway shall notify you by posting the change on the Site, Platform, and/or Mobile Application.

By uploading data, information, photographs, and the likes uploaded in the Noneaway site or platform, you expressly grant Noneaway to use the data, information, photographs, etc. and agree and understand that Noneaway may use the same and be shared to other entities or third parties such as search engines and other social media sites. You further warrant that you own and/or have the authority to use or share the data, information and/or photographs uploaded and that you shall hold Noneaway free and harmless from any and all suit arising from your breach of warranty.

By downloading the application, if applicable, you agree and understand that Noneaway may have access to your contact list or address book stored in your mobile phone or device and that Noneaway may send information to your listings found in your contact or address book.

MARKETING AND ADVERTISING

The Site, Platform, and/or Mobile Application may incorporate third-party technology that will enable advertising on the Site, Platform, and/or Mobile Application. Noneaway and/or its authorized third party advertisers and/or marketing firms may collect standard information that is sent when your personal computer or mobile phone connects to the Internet including, but not limited to your Internet protocol (IP) address.

With this, you hereby expressly grant Noneaway the right to share your information and that of his/her Buyer or Seller, and approved listings with financial institutions, third-parties and/or their respective affiliates for purposes of, but not limited to, marketing and promotional purposes as well as improvement of Broker experience in the Site, Platform, and/or Mobile Application. You hereby expressly confirm that Noneaway, its directors, officers, agents, employees, consultants, and/or personnel shall be under no liability in any circumstances, whatsoever, for furnishing such information to third parties.

TERMINATION

This Agreement is effective upon the Broker’s creation of an account with Noneaway, and shall remain in effect until it is terminated. Noneaway reserves the right to terminate, suspend, or cancel your account or to remove any and all listing in the event that Noneaway, upon investigation, finds that the you and/or your listing is in violation of the Terms of Use, Privacy Policy, or any laws, rules and regulations, memorandums, circulars, and the likes of the Philippines. This is without prejudice to the collection or withholding of any amount, to answer for any and all damages that may be sustained by Noneaway due to your, or your representative/s, use or misuse of Noneaway’s Site, Platform, and/or Mobile Application.

LIMITATION OF LIABILITY

Noneaway shall not be held liable, whether in contract, warranty, tort, product liability, or other theory, to the Broker or any other person or entity for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with any use of, inability to use or results of use of this Site, Platform, and/or Mobile Application or any Materials on or in this Site, Platform, and/or Mobile Application. In the event that Noneaway is sued in connection to your activities, you hereby agree to defend and indemnify Noneaway, its parent, subsidiaries, licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Noneaway arising out of or from the Broker’s use of the Site, Platform, and/or Mobile Application.

INDEMNITY

You agree and acknowledge to indemnify, defend and hold harmless Noneaway Philippines Technology, Inc., its subsidiaries and affiliates, directors, officers, employees, agents, consultants, and personnel from any and all third party claims for damages and/or injuries, including but not limited to legal and attorney’s fees, arising from the use of the the Noneaway Site, Platform and/or Mobile Application and/or breach of the Terms of Use, Privacy Policy and such other relevant documents duly executed or agreed upon.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the Philippine laws. Any and all disputes between you and Noneaway arising from the use of the Site, Platform, and/or Mobile Application shall be settled amicably if possible. In the event that such attempts should fail, the Parties agree that the dispute shall be finally settled in any court of law in Taguig City, Philippines and to the exclusion of other courts.

DISCLAIMER

The Site, Platform, and/or Mobile Application are provided on an “As Is” basis and use at your own risk. Noneaway disclaims and you hereby waive, any and all warranties and liabilities of Noneaway, either expressly or impliedly, arising by operation of law or otherwise, with respect to the use of the Site, Platform, and/or Mobile Application, including but not limited to: (a) implied warranty of marketability or merchantability or fitness for a particular purpose; (b) implied warranty of non-infringement; and claim in tort or damages due to or brought about by the use of the Site, Platform, and/or Mobile Application. Noneaway does not warrant that its Site, Platform, and/or Mobile Application shall be accessible without interruption, bugs, errors, defects, design flaws, malware, viruses, or other harmful components, and the likes. Noneaway shall not be liable, in any way, for the loss of listing or data, interruptions of service, software or hardware failures, or disruption of service.

MISCELLANEOUS

No failure or forbearance on the part of Noneaway to exercise its rights or insist in the performance of your obligations shall be construed as a waiver or relinquishment of your rights or obligations pursuant to this Terms of Use and that the same shall remain in full force and effect.

No agency, partnership, joint-venture, employee-employer, franchiser-franchisee relations is intended or created between you from the use of Noneaway’s Site, Platform, and/or Mobile Application.

All notices to Noneaway under this Agreement shall be in writing and addressed to hello@noneaway.com. All notices by Noneaway to  its users shall be made through in-app message or thru post blast within the Site, Platform, and/or Mobile Application.

If any provision of this Terms of Use is deemed unlawful, void, or unenforceable, such provision shall be narrowed in scope, if possible or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable, or, if such amendment is impossible, be deleted from this Terms of Use. The amendment or deletion of any provision held to be unlawful, void or unenforceable shall not affect the validity or enforceability of the remaining provisions.

This Agreement constitutes the entire agreement between you and Noneaway. Noneaway reserves the right to change, modify or update this Terms of Use, and will apply prospectively, unless otherwise stated. 

(Updated as of 28 October 2024).