User Agreement

1. Introduction

  1. We are an online platform for construction or construction-related companies.

    1.1 Purpose

    Our mission is to connect Singapore's construction companies to allow them to be more productive and successful. Our services are designed to promote economic opportunity for our members by enabling your company and thousands of others to find business opportunities and optimize their procurement process by sharing information in a network of trusted relationships.

    We offer the possibility to create Corporate Member accounts. The person registering for a Corporate Member account becomes by default the account administrator and has the possibility to change the account administrator and to appoint other users for the account.

  2. When you use our Services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your company’s information.

    1.2 Agreement

    You agree that by clicking “Join Now”, “Join SmartBuild Asia”, “Sign Up”, “Register” or similar, registering, accessing or using our services (including SmartBuild Asia, our related packages, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Whether you reside in Singapore or not, your agreement is with Asia Smart Build Pte Ltd (“SmartBuild Asia” or “we” or “us”).

    This “Agreement” includes this User Agreement and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features (such as purchasing advertising banners), as may be amended by SmartBuild Asia from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.


2. Obligations

  1. We are an online platform for construction or construction-related companies.

    2.1 Service Eligibility

    To use the Services, you agree that: (1) you, and by extension any administrator or user you appoint, are not already restricted by SmartBuild Asia from using the Services; (2) you, and by extension any administrator or user you appoint, must be the “Minimum Age” (defined below) or older.

    "Minimum Age" means 18 years old. However, if law requires that you must be older in order for SmartBuild Asia to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age.

  2. You'll keep your password secret.
    To open a Corporate Member account, you need to prove that you have the right to do so. If you lose the right to represent the company holding the account, you will transfer the control of the account to someone in the company who is eligible to use the account for the company.
    You will follow our rules and the law.

    2.2 Your Membership – differences and subsequent responsibilities

    You are a Corporate Member account appointed administrator or user, but the account belongs to a company. You, and by extension any administrator or user you appoint, agree to: (1) choose a strong and secure password; (2) keep your password secure and confidential; and (3) follow the law and the Dos and Don'ts below. You, and by extension any administrator or user you appoint, are responsible for anything that happens through your account unless you close it or report misuse. Note that if you are an appointed administrator or user for a Corporate Member account, the company controls such an account and may terminate your access to it.

    When you create a Corporate Member account, SmartBuild Asia requires you, the account administrator by default, to confirm that you are authorized to create this account on behalf of a company. SmartBuild Asia shall not be held responsible for the submission of any forged, fraudulent or illegal document or information. SmartBuild Asia reserves the right to restrict, suspend, or terminate your account if we suspect treachery.

    It is the responsibility of the appointed Corporate Member account administrator to appoint a new administrator when his employment with the company holding the account ends. If a Corporate Member account administrator leaves the company which holds the company account without transferring the Corporate Member account to another administrator, it is the responsibility of the company holding the account to report it to SmartBuild Asia and request for the transfer of administrator.

  3. 2.3 Products and Packages

    2.3.1 Products

    • Data & Search

      “Data & Search” (or “D&S”) gives access to SmartBuild Asia’s database by allowing the D&S User(s) to view other companies’ profiles and search the database using SmartBuild Asia’s “Extensive Search” service, as opposed to the “Basic Search” available to Visitors only.

      When accessing other companies’ profiles, the D&S User can view all of the other company’s information except for its Financial Information. To view the other company’s Financial Information, the D&S User will need to request and obtain consent from the other company.

      The D&S allows the account administrator to fill its own company profile, which will be viewable by all: Visitors and Users. Financial Information will only be visible to users who received prior approval by the Corporate Member account administrator.

      To reward D&S Users for sharing their company’s details, we boost their position in the search results’ list.

    • Products & Services

      “Products & Services” (or “P&S”), grants access to one (1) dedicated space on the “General information” tab of the Company Profile where the account administrator can develop the details of one product or service the company offers, including name of product or service, description, name of sales representative, contact number of sales representative, thumbnail, images (limited to 5MB), pdf documents (limited to 5MB).

      Unlimited number of Products & Services can be purchased, depending on how many of your company’s products and services you want to emphasize, e.g. if you choose to purchase five (5) P&S, you will be granted five (5) specially designed spaces on your Company Profile, to provide details about up to five (5) products or services; one maximum per space.

      To reward P&S Users for sharing their products and services details, we boost their position in the search results’ list.

      This product is billed annually, from the date of purchase. It can be purchased through a package or as a package top-up.

    • Keywords

      “Keywords” enable the user to define one (1) word to associate his company with.
      Keywords are meant to boost the user’s company position in the search results’ list.

      Unlimited number of keywords can be purchased, depending on the visibility boost required.

      This product is billed annually, from the date of purchase. It can be purchased through a package or as a package top-up.

    2.3.2 Packages

    Visitors can access SmartBuild Asia’s website, browse and search SmartBuild Asia’s database for companies by name, products and services, projects and brands, and view full company profiles.

    • Discovery

      After registration and prior to any purchase, Corporate Members hold, by default, a Discovery Package and are called Discovery Users. Discovery Users can access SmartBuild Asia’s website, browse and search SmartBuild Asia’s database for companies using SmartBuild Asia Extensive Search, and view full company profiles. Discovery Users can also edit their own company’s “limited profile”, i.e. company name, phone number, fax number, address, main business activities, other business activities, and other company names.

      Discovery Users can purchase 3 types of packages: “Silver”, “Gold” and “Platinum”, which are bundles of SmartBuild Asia’s individual products: “Data & Search”, “Products & Services”, and “Keywords”.

    • Silver Package

      The “Silver Package” grants usage of the Data & Search product for one (1) year. This package is billed annually, from the date of purchase.

    • Gold Package

      The “Gold Package” grants usage of the Data & Search product and offers usage of one (1) P&S product, all of which for one (1) year. This package is billed annually, from the date of purchase.

    • Platinum Package

      The “Platinum Package” grants usage of the Data & Search product, offers usage of one (1) P&S product, and one (1) keyword product, all of which for one (1) year. This package is billed annually, from the date of purchase.

    2.3.3 Banners

    SmartBuild Asia also provides the opportunity to publish advertising banners on the website. Banners are purchased per size, location and duration.

    It is necessary to be registered as a Corporate Member to purchase Advertising Banners.
    SmartBuild Asia reserves the right to stop any banner campaign at any time and without refund if we suspect the company does not comply with this user agreement.

  4. You'll honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
    We don't guarantee refunds.

    2.4 Payments

    If you purchase any of our paid Services (“Packages”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
    Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

    You must pay us for applicable fees and taxes unless you cancel the Packages, in which case you agree to still pay these fees through the end of the applicable subscription period. Taxes are calculated based on the billing information that you provide us at the time of purchase.

    Information on how to cancel or change your Premium Services can be found in our FAQ section.

    You can get a copy of your invoice through your account page under the tab “Subscriptions”.

  5. You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
    If the contact information you provide isn't up to date, you may miss out on these notices.

    2.5 Notices and Service Messages

    You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

  6. When you share information, others can see, copy and use that information.

    2.6 Messages and Sharing

    Our Services allow messaging and sharing of information in many ways, such as your company profile. Information and content that you share or post may be seen by other Members or, if public, by Visitors.

    Note that some activities, such as sending a connection request to another Member, are by default private, only visible to the addressee(s).

    We have made settings available and will honour the choices you make in these settings (e.g. allowing another Member to see your company’s Financial Information).

    We are not obligated to publish any information or content on our Service and can remove it at our sole discretion, with or without notice.


3. Rights and Limits

  1. You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
    We'll honour the choices you make about who gets to see your information and content.
    You promise to only provide information and content that you have the right to share, and that your SmartBuild Asia profile will be accurate, complete, timely, legal, inoffensive and otherwise harmless.

    3.1 Your License to SmartBuild Asia

    As between you and SmartBuild Asia, you own the content and information that you submit or post to the Services and you are only granting SmartBuild Asia the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

    You can end this license for specific content by deleting such content from the Services, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.

    If you stop using the Service or by closing your account, your data will be retained for as long as it is necessary to fulfil the purpose for which it is collected or for business or legal purposes, or in accordance with applicable laws

    We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible as noted in the Privacy Policy.

    We will obtain your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
    While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

    Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

    You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

    By submitting suggestions or other feedback regarding our Services to SmartBuild Asia, you agree that SmartBuild Asia can use and share (but does not have to) such feedback for any purpose without compensation to you.

    You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be accurate, complete, timely, legal, inoffensive and otherwise harmless. SmartBuild Asia may be required by law to remove certain information or content in certain countries.

  2. We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.

    3.2 Service Availability

    We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

    SmartBuild Asia is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

  3. When you see or use others' content and information posted on our Services, it's at your own risk.
    Third parties may offer their own products and services through SmartBuild Asia, and we aren't responsible for those third-party activities.

    3.3 Other Content, Sites and apps

    By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.

    SmartBuild Asia generally does not review content provided by our Members, nor does it generally review the content obtained by aggregation of public databases. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.

    You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your SmartBuild Asia account, that app or site can access information on SmartBuild Asia related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, SmartBuild Asia is not responsible for these other sites and apps -- use these at your own risk and in accordance with the Privacy Policy.

  4. We have the right to limit how you connect and interact on our Services.
    We're providing you notice about our intellectual property rights.

    3.4 Limits

    By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful.

    SmartBuild Asia reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. SmartBuild Asia reserves the right to restrict, suspend, or terminate your account if SmartBuild Asia believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).

    SmartBuild Asia reserves all of its intellectual property rights in the Services. For example, SmartBuild Asia logos and other SmartBuild Asia trademarks, service marks, graphics, and logos used in connection with SmartBuild Asia are trademarks or registered trademarks of SmartBuild Asia. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.


4. Disclaimer and Limit of Liability

  1. This is our disclaimer of legal liability for the quality, safety, or reliability of our services.

    4.1 No Warranty

    TO THE EXTENT ALLOWED UNDER LAW, SMARTBUILD ASIA (AND THOSE THAT SMARTBUILD ASIA WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

  2. These are the limits of legal liability we may have to you.

    4.2 Exclusion of Liability

    TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS SMARTBUILD ASIA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), SMARTBUILD ASIA (AND THOSE THAT SMARTBUILD ASIA WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF SMARTBUILD ASIA (AND THOSE THAT SMARTBUILD ASIA WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US SGD1000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SMARTBUILD ASIA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SMARTBUILD ASIA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.


5. Termination

  1. We can each end this Agreement anytime we want.

    SmartBuild Asia or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
    Our rights to use and disclose your feedback; Our rights to use and disclose content and information you shared through the Service; Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; Sections 4, 6 and 7 of this Agreement;

    Any amounts owed by either party prior to termination remain owed after termination. You can visit our FAQ section to learn how to close your SmartBuild Asia account.


6. Dispute Resolution

  1. In the unlikely event You and Us end up in a legal dispute, it will take place in Singapore courts, applying Singapore law.

    You agree that all disputes arising out of or in connection with this Agreement must be finally determined by arbitration in accordance with this clause 6.
    This Agreement will be governed by the laws of Singapore.

    The arbitration must be conducted in English, in Singapore at the Singapore International Arbitration Centre (“SIAC”) by and in accordance with the Arbitration Rules of the SIAC, in force at the time of the arbitration. There will be 1 arbitrator. The law applicable to the substance of the dispute will be the governing law of this Agreement.

    Nothing in this clause 6 should be construed as preventing a Party from applying to a court of competent jurisdiction to obtain urgent interlocutory relief.


7. General Terms

  1. Here are some important details about how to read the Agreement.

    If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

    If we don't act to enforce a breach of this Agreement, that does not mean that SmartBuild Asia has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that SmartBuild Asia may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.

    We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

    You agree that the only way to provide us legal notice is at the addresses provided in Section 10.


8. SmartBuild Asia “DOs” and “DON’Ts.”

  1. 8.1 Dos. You agree that you will:

    Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
    Provide accurate information to us and keep it updated;
    Use your real name on your profile;
    Use the Services in a professional manner.

  2. 8.2 Don'ts. You agree that you will not:

    - Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
    - Submit forged, fraudulent or illegal documents or information;
    - Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by SmartBuild Asia);
    - Use an image that is not your likeness or a head-shot photo for your profile;
    - Create a false identity on SmartBuild Asia;
    - Misrepresent your current or previous positions and qualifications;
    - Misrepresent your affiliations with a person or entity, past or present;
    - Misrepresent your identity, including but not limited to the use of a pseudonym;
    - Create a Member profile for anyone other than yourself (a real person);
    - Use or attempt to use another's account;
    - Harass, abuse or harm another person;
    - Send spam or other unwelcomed communications to others;
    - Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
    - Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
    - Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer);
    - Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
    - Violate the intellectual property or other rights of SmartBuild Asia, including, without limitation, using the word “SmartBuild Asia” or our logos in any business name, email, or URL except when specifically authorized by SmartBuild Asia;
    - Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by SmartBuild Asia;
    - Send messages to distribution lists, newsgroup aliases, or group aliases;
    - Post anything that contains software viruses, worms, or any other harmful code;
    - Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
    - Create profiles or provide content that promotes escort services or prostitution.
    - Create or operate a pyramid scheme, fraud or other similar practice;
    - Copy or use the information, content or data of others available on the Services (except as expressly authorized);
    - Copy or use the information, content or data on SmartBuild Asia in connection with a competitive service (as determined by SmartBuild Asia);
    - Copy, modify or create derivative works of SmartBuild Asia, the Services or any related technology (except as expressly authorized by SmartBuild Asia);
    - Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
    - Imply or state that you are affiliated with or endorsed by SmartBuild Asia without our express consent (e.g., representing yourself as an accredited SmartBuild Asia trainer);
    - Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
    - Sell, sponsor, or otherwise monetize a SmartBuild Asia feature of the Services, without SmartBuild Asia’s consent;
    - Deep-link to our Services for any purpose other than to promote your profile on SmartBuild Asia without SmartBuild Asia’s consent;
    - Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
    - Remove, cover or obscure any advertisement included on the Services;
    - Collect, use, copy, or transfer any information obtained from SmartBuild Asia without the consent of SmartBuild Asia;
    - Share or disclose information of others without their express consent;
    - Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
    - Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
    - Monitor the Services' availability, performance or functionality for any competitive purpose;
    - Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of the Services;
    - Access the Services except through the interfaces expressly provided by SmartBuild Asia, such as www.smartbuild.asia;
    - Override any security feature of the Services;
    - Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).


9. Complaints Regarding Content

  1. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a way to send feedback concerning content posted by our Members.


10. How To Contact Us

  1. If you want to send us notices or service of process, please contact us:
    EMAIL contact@smartbuild.asia
    OR BY MAIL at:
    SmartBuild Asia
    Attn: Agreement Matters (Legal)
    29B Mosque Street
    Singapore 059507