Hoppler (“Hoppler”, “We”, “Us”, “Our”) is a place where you can easily share and find information about real estate properties, including house and lots, townhouses, vacant lots, commercial lots, commercial spaces, office spaces, warehouses, buildings, serviced offices, industrial lots, and recreational resorts (collectively, “Real Estate Properties”) that are available for sale and for rent. Users may also list Real Estate Properties that they want to sell or lease. When You (“You”, “User” or “Your”) use (i) Hoppler’s services through our online portals (the “Website” or “Site”) or through our brokers and agents (collectively, the “Services”, “Service”), You agree to have read, understood and accepted the Terms of Service and Privacy Policy (collectively, the “Terms”)—these two constitute an Agreement between You and Us.
Hoppler is owned and operated by Hoppler Inc.
By signing up and/or using the Services, You understand and confirm that You are bound by these Terms.
Terms and Conditions
1.1.The Terms contain the terms and conditions on which We supply content, products, or services available on the Website and mobile application, (the “System”) to You (the System, software, and such content, products, and services are collectively referred to herein as the “Service” or “Services”). You agree to be bound by these Terms and all applicable laws, rules and regulations and You warrant to be fully and wholly bound by these Terms in Your own free will and deed; and that You fully understand and acknowledge the contents, meaning, implications and effects of these Terms. You warrant that You would not use or access Our Services if You had any claim or reservation against any matter in these Terms. You may also be asked to click “I accept” at the appropriate place prior to Your use of access to Services. At such time, if You do not click “I accept”, You may not be able to complete such access. If You do not agree to these Terms, please refrain from using the Service.
1.2.In order to participate in certain Services, You may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
Changes to Terms
2.1.You undertake to periodically visit these Terms for updates. You agree to be bound by these Terms and its subsequent updates, revisions or modifications. We reserve the right to change or update these Terms, or any other of Our policies or practices, at any time. Any changes or updates will be effective immediately upon posting to the System. Your continued use of the Services constitutes Your agreement to abide by the Terms as changed. Under certain circumstances We may also elect to notify You of changes or updates to Our Terms by additional means, such as pop-up or push notifications within the Services or email.
Acceptable Use Policy
3.1.The Services, as well as all the copyright, trademark, patents, and other intellectual property rights in the System and any documentation, and any portion thereof, complete or incomplete remain to be the sole property of Hoppler and/or its licensors. Without Our express written consent, you shall not cause the Services, its software and its documentation to be copied, reproduced, translated, exhibited, transmitted, transferred, assigned, marketed, licensed, leased, or sold in any manner or in any form.
3.2.You may not modify, reverse engineer, translate, decompile, or disassemble the System or the Services or any of its parts, derivatives, and forms.
3.3.You agree to be bound by the following acceptable use policies:
3.3.1.You agree to use any and all of the Services in accordance with all applicable laws, regulations, and other guidelines issued by government agencies.
3.3.2.You understand and agree We may require you to divulge the nature of the transaction being facilitated by your use of our Services should We determine, at Our sole discretion, that it is necessary to comply with any applicable law.
3.3.3.You agree not to use any and all of the Services for the following purposes:
3.3.3.1. To violate any law, regulation, or issuance by any competent legal authority;
3.3.3.2. To facilitate the sale of any object that is outside the commerce of man;
3.3.3.3. To facilitate transactions involving illegal drugs, drug paraphernalia and other controlled substances in accordance with applicable law;
3.3.3.4. To facilitate transactions involving the sale of products which endanger the safety, health, and well-being of individuals;
3.3.3.5. To facilitate transactions that encourage or incentivize illegal activities;
3.3.3.6. To facilitate transactions involving stolen, smuggled, or otherwise illegally acquired goods and/or services;
3.3.3.7. To facilitate transactions involving firearms, explosives, ammunition and any other weapon or accessories of the aforementioned items that are prohibited under applicable law;
3.3.3.8. To facilitate the infringement of any intellectual property right;
3.3.3.9. To facilitate Cybercrimes as defined in R.A. 10175 and other applicable laws;
3.3.3.10. To facilitate Child-Pornography as defined in R.A. 9775 and other applicable laws;
3.3.3.11. To facilitate prostitution and other sexually-oriented services;
3.3.3.12. To facilitate transactions relating to pornography;
3.3.3.13. To facilitate Money-Laundering as defined in R.A. 9160;
3.3.3.14. To facilitate a “get rich quick” schemes, pyramid schemes, or Ponzi schemes;
3.3.3.15. To facilitate bribery or corruption of public officers;
3.3.3.16. To facilitate any form of ethical, legal, or illegal hacking; and
3.3.3.17. To facilitate any form of larceny, theft, robbery, or embezzlement.
3.4.We strongly advise you to report any and all violations even perceived violations of this Acceptable Use Policy to Us at the soonest possible time. To report a violation please contact Us at +63 (2) 8 271 3686
Registration and General Terms
4.1.By registering on the Services, You warrant that You have the capacity to enter into valid contracts under Philippines law and that You are residing and located in the Philippines.
4.2.You attest that all the information You provide when You register for and/or use the Services is accurate and truthful. If there are any changes to Your registration information, You are responsible for updating this information.
4.3.If Your registration information is at any time found inaccurate, Your account may be modified, suspended, or terminated and may result in Your permanent ineligibility from using the Services.
4.4.You shall be solely responsible for the accuracy and correctness of the data you input on the System while using the same.
4.5.Clearances. You warrant and represent that You have obtained all rights, releases, licenses, permits or other authorizations over the content You submit or use while using the System or the Services, including but not limited to photographs, artwork, videos, stock footage, materials, locations, or any other property or rights belonging to third parties (the “Materials”) that are required for Hoppler to perform the Services hereunder, including but not limited to the display and publication of the Materials.
Special Terms
5.1.For clients (including buyers, lessors, or brokers acting on behalf of buyers and lessors)
5.1.1.You warrant and undertake not to communicate directly with the owner of the Real Estate Properties offered or listed on the Services. All communications should be done through the Services.
5.1.2.You undertake to cause the payment of any and all commission and professional fees to the real estate professional identified on the Services to be responsible for Your transactions.
5.1.3.You undertake to exert best efforts to exercise transparency and deal with Us professionally especially in providing and requesting information in relation to performance of Services.
5.2.For owners and representatives (including agents) of owners of the Real Estate Properties
5.2.1.You warrant and represent that You own the Real Estate Property You are offering to buy or offering for sale or lease or that You otherwise have the authority to buy, sell or lease the same.
5.2.2.You warrant and undertake to pay Hoppler any and all fees (including commissions) which you’re obligated to pay (through this Terms and other agreements).
AGREEMENT TO PAY COMMISSION. I hereby agree to pay a real estate commission/professional fee in a sum of not less than 3% of total selling price (for sale transactions) or minimum one month rent for every one year lease period (for lease transactions). For extension or renewal of lease transactions, I hereby agree to pay an additional commission in a sum not less than half the rental for every year of extension and/or a pro-rated amount of rental, if the extension is for a period of less than a year.
Should lessee preterminate the contract for whatever reason, I agree that Hoppler is not obliged to return any portion of the commission / professional fee I paid.
PAYMENT OF COMMISSION.
For lease transactions, the commission/professional fee shall be due and payable to “Hoppler Inc.” in cheque or via bank transfer within five (5) working days from the receipt of the deposit or advance rent made by the lessee for the leased property.
For sale transactions, the commission/professional fee shall be due and payable to “Hoppler Inc.” in cheque or via bank transfer within 5 (five) working days from the receipt of the total selling price for the property. Partial payment of commission/professional fee to “Hoppler Inc.” may also apply for sale transactions paid for through bank financing and/or term purchase/staggered payment. The amount of partial commission / professional fee shall be determined by Hoppler, Inc.
You may contact us at +63 (2) 8 271 3686 to request a copy of our Commission Agreement.
5.2.3.You warrant and undertake not to communicate directly with the clients endorsed/registered by Us without express consent from Us. All communications should be done through the Services.
5.2.4.You undertake to promptly and expeditiously make available upon request by Hoppler any document or materials related to the relevant Real Estate Property for purposes of due diligence and other necessary processes in furtherance of the sale, lease, or disposal of the Real Estate Property.
5.3.For brokers (including representatives and agents of owners of Real Estate Properties).
5.3.1You warrant and undertake that you have been duly authorized by the owner of the Real Estate Properties that you’re offering to buy, sell, lease, or otherwise dispose to (i) give the owner’s consent to the processing of said owner’s personal information according to this Terms and the Privacy Policy; (ii) perform all the obligations You represent and undertake to perform under this Terms and other supplemental agreements; and (iii) represent the owner in the various transactions for the purchase, sale, lease, or disposal of Real Estate Properties.
5.3.2You warrant and undertake to pay Hoppler any and all fees (including commissions) which you’re obligated to pay (through this Terms and other agreements).
REVENUE SHARING AGREEMENT. I hereby agree to pay Hoppler any and all fees in consideration of the rendered services under a Revenue Sharing Agreement. Hoppler shall be entitled to a share of the total net commission/professional fee received for each property sold or leased by a Hoppler registered client or endorsed property/listing. The payment of Hoppler’s revenue share shall be dependent on the fulfillment of Hoppler’s identified obligation milestones and shall be made within a reasonable period, and without undue delay.
The following commission/revenue sharing scenarios shall be applicable and is due to Hoppler based on the total net commission/professional for the transaction:
50-50 share of total commission
Broker – 50% (SELLER’S SIDE) | Hoppler – 50% (BUYER’S SIDE) |
Facilitate viewings with an internal Company Sales Personnel | Provides the client/buyer |
Handle negotiations between seller and buyer | Qualifies the buyer |
Create Contracts | Handle negotiations between seller and buyer |
Provide complete documents for due diligence | Due diligence for Buyers Side |
Facilitate and Provide CAR for transfer | Transfer title at Registry of Deeds |
Broker – 50% (BUYER’S SIDE) | Hoppler – 50% (SELLER’S SIDE) |
Provides the client/buyer | Facilitate viewings with an internal Hoppler Broker |
Qualifies the buyer | Handle negotiations between seller and buyer |
Handle negotiations between seller and buyer | Create Contracts |
Due diligence for Buyers Side | Provide complete documents for due diligence |
Transfer title at Registry of Deeds | Facilitate and Provide CAR for transfer |
40-20-40 share of total commission
Broker – 40% (BUYER’S SIDE) | Hoppler – 20% (Facilitating Broker) | Broker – 40% (SELLER’S SIDE) |
Provides the client/buyer | Introduce buyer’s broker to seller’s broker | Facilitate viewings for Buyers broker |
Qualifies the buyer | Qualifies the buyer / seller | Handles negotiations between buyer/seller |
Due diligence for buyer side | Facilitates documentation and represents both parties | Create final contracts |
Transfer title at Registry of Deeds | Assures complete documentation | Facilitate and provide CAR for transfer |
Create offer letters | Complete marketing costs of partner broker listings |
Changes in revenue sharing scenarios must be agreed to in writing by Hoppler and the Broker prior to actual consummation/closing of the transaction. Otherwise, the commission/revenue sharing described above shall apply.
PAYMENT OF COMMISSION. Revenue share for the total net commission/professional fee received shall be due and payable to “Hoppler Inc.” in cheque or via bank transfer within five (5) working days from the actual receipt thereof.
You may contact us at +63 (2) 8 271 3686 to request a copy of our Partner Broker Agreement.
5.3.3.You warrant that you are, and shall remain compliant for the duration of your participation on the System, compliant with all laws, rules and regulations, including professional ethical guidelines, applicable to real estate brokers in the Philippines.
5.3.4.You warrant and undertake not to communicate directly with the clients endorsed/registered by Us without express consent from Us. All communications should be done through the Services.
5.3.5.You undertake to promptly and expeditiously make available upon request by Hoppler any document or materials related to the relevant Real Estate Property for purposes of due diligence and other necessary processes in furtherance of the sale, lease, or disposal of the Real Estate Property.
Use of the Site
6.1.We reserve the unqualified right to delete or modify any of Your posts on Our Website without need of prior notice.
6.2.You accept the risks associated with the use of a website and software such as but not limited to: failure of software, hacking of servers, failure or interruption of internet connection; the introduction of malicious software, failure of security of Your Credentials; failure of communication; service disruptions, and lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. To mitigate these risks, We will exert reasonable efforts to secure the System.
6.3.Without limiting other remedies, We reserve the right to limit or modify Your access to the Services, issue a warning, temporarily suspend, indefinitely suspend or terminate Your registration and refuse to provide the Services if:
6.3.1.You have breached the agreement or the documents it incorporates by reference;
6.3.2.We are unable to verify or authenticate any information You have provided to us;
6.3.3.We have reason to believe that the Your account may have been compromised;
6.4.We reserve the right to modify, terminate, or suspend access to the Services at any time without assigning any reason and without prior notice. We shall not be liable to You or to any other party for any damages, losses, costs, or expenses howsoever caused by or arising out of such termination or suspension.
6.5.You warrant that You will not use the Services in any illegal manner or for any illegal purpose, or in any other manner that could damage, disable, overburden or impair the service or tarnish, blemish or damage our name or reputation.
6.6.It is hereby expressly agreed upon and understood that the imposition of any access modification or termination shall be in addition and without prejudice to any and all possible liability (for any manner of damages) it may or will incur in law and in equity.
Disclaimers
7.1.You acknowledge and agree that We are not responsible or obligated to mediate or interfere in any of the disputes between You and another user of the Services.
7.2.Through the Services, You will have access to information and content provided by third parties. Such third party content includes information, and data about Real Estate Properties in the Philippines, including land, condominiums, and improvements thereon. Any content on the Services is provided for informational purposes only. The content on the Services should not be deemed as a recommendation or endorsement to purchase or sell any Real Estate Property. You acknowledge and agree that We make no warranty as to the accuracy, timeliness, or guaranty of quality, of any kind as to any content that may appear on Our Services.
7.3.We disclaim any and all warranties as to the fitness for a particular purpose, truth, accuracy, completeness, express or implied, of any content conveyed to You through the Services.
Limitation of Liability
8.1.In no event will We be liable to you, whether in contract, warranty, tort, or otherwise, for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including, without limitation, damages for lost revenue, profit, or business arising out of or relating to the Services.
8.2.The Service is provided “AS IS” and with all faults, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service is free of defects or is suitable for any particular purpose. In no event shall We be responsible for loss or damages arising from the installation or use of the Service, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses.
8.3.In any case, Our total liability (whether in contract, warranty, tort, or otherwise) arising out of or relating to this Agreement shall not exceed the amounts already and actually paid by You to Us (for the Services) in the twelve (12) months preceding the filing of the complaint.
8.4.You agree to authorize Us to make deductions from any amounts Hoppler may owe You from time to time, up to the amount You owe Us. Whether or not We elect to make any set-off in whole or in part, if We could not recover by means of set-off the full amount You owe Us, You agree to pay the unpaid balance immediately.
Indemnity
9.1.You will fully indemnify, defend, and hold Us harmless from and against any and all claims, judgments, costs, awards, expenses (including reasonable attorneys’ fees) and liabilities, and damages of any kind arising out of or related to: (a) your breach or alleged breach of this Terms or any representation, warranty, and/or covenant made by you; and (b) any breach or alleged breach of any applicable laws by you or any of your representatives.
9.2.You unconditionally undertake to defend Us in all kinds of proceedings, hold free and harmless, and fully indemnify and the Related Parties from any and all claims, suits, actions, liabilities, losses, damages, fees, taxes, penalties, charges and expenses related to or arising from your relationship or engagement with Us, including the use or access of the Services and these Terms and future revisions thereof.
Intellectual Property Rights
10.1.You acknowledge and agree that the materials on the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Us, and are subject to copyright and other intellectual property rights under Philippine laws, foreign laws and international treaties and/or conventions.
10.2.The Service may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted to us by third parties. You shall not reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Service are provided to you “as is” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
10.3.We reserve all rights not expressly granted herein to the Service and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Service or the Materials therein.
10.4.The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Service, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
10.5.You further agree not to reproduce, duplicate or copy content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed in the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
10.6.Our intellectual property rights to our resources in any of its forms, including Our logo, belong to us and may not be used without our express written consent.
Dispute Resolution
11.1.All disputes arising out of, relating to, or in connection with these Terms or Your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that You and Hoppler are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration will be initiated solely through the Philippine Dispute Resolution Center, Inc. (“PDRCI”). Notwithstanding the foregoing, We may choose to bring an individual action in court. This arbitration agreement will survive the termination of Your relationship with Us.
11.2.These Terms shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.
General Terms
12.1.All the provisions of the Terms are subject to all applicable Philippine laws, regulations, rules, or requirements of the Government of the Philippines or agencies of said government, and in the performance of the agreement, each of the parties hereto agrees to comply therewith.
12.2.We reserve the right to report User activities to other Users, to the relevant authorities, or to third parties.
12.3.These Terms constitute the entire agreement between You and Hoppler concerning the System and the Services, and supersedes all prior communications or agreements, written or oral, and is intended to be a complete and exclusive statement of the terms and conditions between the parties.
12.4.We will not be liable to You for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by Us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Our reasonable control.
12.5.If We delay exercising or fail to exercise or enforce any right or interest available to Us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
12.6.We will not be liable to You for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by Us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond Our reasonable control.
12.7.In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
12.8.Applicable laws require that some of the information or communications We send to You should be in writing. When using the Services, You agree to transact with Us electronically, and that communication with Us will be mainly electronic. We may contact You by e-mail or provide You with information by posting notices on the Services. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.
12.9.Unless otherwise specifically indicated, all notices given by You to Us must be sent to support@hoppler.com.ph. We may give notice to You at the email address You provide to Us when You register. Notice will be deemed received and properly served immediately when posted on the Services or when an email or other electronic communication is sent including SMS to the phone number You registered in the Form. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified e-mail address of the addressee.
12.10.To the extent that the parties are permitted under these Terms to initiate litigation in a court of law, both You and Hoppler agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively the courts of Makati City, Philippines, to the exclusion of all other courts. You and Hoppler consent to the personal jurisdiction of said courts.
12.11.If any of these Terms is declared or found to be unenforceable, illegal, void, or otherwise ineffectual, then that provision shall be deemed removed from these Terms without affecting the validity, efficacy, and enforceability of all the other provisions.