Terms of Use

  1. Introduction

    1. Welcome to the Eden Homes Platform. We are a technology and real estate platform that permits investors to invest in vacation rental investment opportunities. The Platform is wholly owned and operated by Eden Homes Pte. Ltd., a Singapore company (UEN No. 202233234K).
    2. Your use of this Platform and/or the Services shall be governed by this Website Terms of Use, our Privacy Policy (collectively the "Terms of Use"), and all applicable laws governing the same. By accessing the Platform and/or using the Services, you unconditionally accept the present Terms of Use in their entirety.
    3. We may amend the Terms of Use at any time by posting a revised version of the Terms of Use (the "Revised Terms") on the Platform. Such Revised Terms shall be effective immediately upon posting. You should check this Terms of Use periodically for, and read carefully, any such Revised Terms. Your access to or continued use of the Platform and Services after the effective date of the Revised Terms constitutes your acceptance of the Revised Terms.
    4. If a material change is made, we may notify you by email, a notice on the Platform, or at such other places we deem appropriate. A "material change" will be determined at our sole discretion, in good faith, using common sense and reasonable judgment.
    5. In the event of any conflict between the current version of this Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

  2. Definitions:

    1. In this Terms of Use, the following terms shall have the respective meanings indicated unless the context otherwise requires:

      "Business Days" means a day other than a Saturday or Sunday, on which banks are open for normal business in Singapore; "Content" includes text, photographs, images, illustrations, audio clips, video clips, files, photographs, logo's, slogans or any other material that is published on the Platform; "EH", "our", "us" or "we" refers to Eden Homes Pte. Ltd. (UEN No. 202233234K), a company incorporated in Singapore; "Personal Information" shall have the meaning ascribed to it in our Privacy Policy; "Platform" means the website owned and operated by Eden Homes Pte Ltd at https://www.EdenHomes.co; "Purpose" shall have the meaning ascribed to it in our Privacy Policy; "Services" means the services, information and functions made available by us through the Platform, offline or through such other means as is necessary to facilitate such Services; "Service Provider" refers to a third-party provider whose services we may rely on to provide the Platform and the Services; "Terms of Use" shall have the meaning ascribed to it in Clause 1.2;

    2. In this Terms of Use:

      clause headings are inserted for convenience only and shall not affect the interpretation of this Terms of Use; words importing the plural shall, except where the context otherwise requires, include the singular and vice versa; references to the masculine gender shall include the feminine or neuter genders and vice versa; the words "including," "includes," and "include" are deemed to be followed by the words "without limitation"; a reference to any statute or legislation shall be deemed a reference to such statute or legislation for the time being in force, and as may be amended from time to time, and be deemed to include any subsidiary legislation made under it; and references to persons shall be construed as references to an individual, firm, company, body corporate, statutory board, government body, incorporated body of persons, association or trust as the context may require, and their respective successors in title and assigns.

  3. Acknowledgement of Acceptance

      You hereby understand and agree that:

    1. when you place an Investment Commitment in relation to an Investment Opportunity, you are, in effect, committing to acquire an interest in the SPV that will own the Investment. You will not be named as a party to the definitive agreement(s) relating to the acquisition of the Investment;
    2. your interest in the SPV will be expressed as a percentage of your Principal Sum contained in your Investment Commitment against the Target Amount of the relevant Investment Opportunity;
    3. Eden, its employees or affiliates may, from time to time, participate in Investment Opportunities; and
    4. upon the Target Amount being matched by the Availability Period or the SPV entering into the definitive agreement(s) for the acquisition of the Investment, whichever is later, an Investment Participation Agreement is deemed to be entered into between the Matched Members. You are deemed to have read, understood and agreed to the terms contained in the Investment Participation Agreement.

      5. You acknowledge and agree that:

    5. Eden is not the legal or beneficial owner of any of the properties posted on the Platform and, accordingly, Eden is not contracting on its own behalf in any of the transactions;
    6. our decision to publish an Investment Opportunity does not constitute any approval or endorsement of the property or any representation by us that all information and material contained in the Fact Sheet accurately reflect the risks associated with the property;
    7. we reserve the right to withdraw any Investment Opportunities at any time without prior notice.
    8. you have read and fully understand the Fact Sheet of the relevant property before making an Investment Commitment;
    9. Eden solely facilitates, strictly on an "execution only" basis, your participation in any Investment Opportunity. Neither Eden nor the Administrator has any discretion or power to make any decision on your behalf on whether to participate in any Investment Opportunity or the type of Investment Opportunity to participate in;
    10. we have not offered you any investment advice relating to the suitability of any of the Investment Opportunities listed on the Platform; and
    11. you must obtain your own independent legal, financial, tax and other advice on any decision to participate in any Investment Opportunity.
    12. You should NOT participate in any Investment Opportunity offered unless you fully understand the risks and are prepared to take such risks. You should carefully consider whether an Investment Opportunity is suitable for you in light of your knowledge and experience in financial and business matters, investment objectives, financial means and the risks that you are prepared to take.
    13. You acknowledge and agree that the value and performance of an Investment Opportunity, and accordingly the Principal Sum you have invested, are subject to potential risk factors, including:
      1. there is a risk that you may lose all your monies on such investments;
      2. the projected returns may be lower than expected or you may not receive a dividend due to market conditions;
      3. risks associated with investments in foreign jurisdictions, this includes additional tax liabilities, transactions cost, changes in tax laws and capital controls;
      4. downturns in international, national, regional and local economic conditions;
      5. competition from other properties;
      6. increases in the supply of or decreases in the demand for similar or competing properties in the target market;
      7. Tenant turnover;
      8. tenant's breach of terms of lease agreement, including default in payment of rent or premature termination of lease;
      9. bankruptcies, financial difficulties or breach by tenants of terms of the lease agreement;
      10. currency fluctuation;
      11. debt financing risks including interest rate fluctuation, debt servicing and repayment of loan;
      12. changes in operating costs and expenses;
      13. changes in, or increased costs of compliance with, governmental laws, rules and regulations, including changes in tax, real estate, environmental and zoning laws;
      14. the ongoing need for capital improvements, particularly in older properties;
      15. increases in property-level maintenance and operating expenses;
      16. sanctions, restrictions or lockdowns imposed by governments, civil unrest, acts of war or terrorism, or acts of God;
      17. an increase in counterparty or Sponsor risk (being the risk of monetary loss which investors may be exposed to if any of its counterparties or sponsors encounters difficulty in meeting its obligations under the terms of its respective transaction);
      18. there may be delays in the exit of such Investment Opportunity due to poor market conditions, construction stoppage or an overall fall in investment sentiments; and
      19. the illiquidity of real estate investments generally.

  4. Acceptable Usage Policy

    1. You shall only use Platform in a manner that is lawful and ensure that you comply fully with all applicable local, national or international laws and regulations. You shall not:
    2. upload, post or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit;
    3. post or transmit any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
    4. attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising any part of the Platform;
    5. use the Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
    6. attempt to gain unauthorised access to any part of Platform, the server on which Platform is stored, or any other server, computer, or database connected to Platform.
    7. attack the Platform by means of a denial of service attack, a distributed denial of service attack, spam, or by any other means;
    8. use the Platform in any way or for any purpose that is illegal, fraudulent or intended to harm any person or persons in any way.
    9. By breaching the provisions of this Clause, you may be committing a criminal offence under the Computer Misuse Act 1993. We will report such breach(es) to the relevant authorities and will cooperate fully with those authorities, including disclosing your identity to them.
    10. We reserve the right to suspend or terminate your access to the Platform and the Services if you materially breach any of the provisions of this Terms of Use. Without prejudice to the foregoing, we reserve the right to take one or more of the following actions:

      11. issue a written warning to you; take legal proceedings against you; or such other actions that we deem necessary under the circumstances.

    11. We exclude all liability arising out of any actions that we may take in response to any breach of this Terms of Use.

  5. Non-disparagement

    1. We strongly encourage that you direct any issues, grievances or problems that you may experience when using the Platform and Services to our customer support at help@EdenHomes.co.
    2. You shall not in any way criticize, disparage, call into disrepute, or otherwise defame or slander Eden Homes, any member or service providers or their respective directors, shareholders, employees, or any of the Platform or Services in any manner (whether privately or publicly, including via social media channels) that would reasonably be expected to damage the business or reputation of said parties, their businesses, products or services.
    3. As a breach of this Clause is likely to cause irreparable harm to Eden Homes, and monetary damages are unlikely to adequately compensate Eden Homes, we reserve the right to seek injunctive or other equitable relief against you from any Court of competent jurisdiction to restrain such breach.

  6. Our Liability

    1. To the fullest extent permissible by law, we accept no liability to any Member for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Platform, the Services or the use of or reliance upon any Content included on the Platform.
    2. We shall not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage even if we have been advised of the possibility of such damage.
    3. We shall not accept any liability arising out of any disruption or non-availability of Platform due to external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  7. Assignment

    This Terms of Use, any rights and licenses granted hereunder to you shall not be transferable or assignable, but may be assigned by Eden Homes without restriction or consent.

  8. Remedies

    The remedies conferred by this Terms of Use shall be in addition to any other remedy that is available to us at law or in equity. The election of any one or more of such remedies on our part shall not constitute a waiver by us of the right to pursue any other available remedy.

  9. Severability

    If any Clause or part of a Clause of this Terms of Use shall be, or be found by any authority or Court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Terms of Use, all of which shall remain in full force and effect.

  10. Waiver

    No failure or delay on our part to exercise any right, power or remedy under this Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver on our part of any breach by you of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.

  11. Third Parties' Rights

    A person who is not a party to this Terms of Use shall not have or acquire any right to enforce any term herein (including any right to enforce or have the benefit of any exclusion or limitation of liability contained in this User Agreement) under the Contract (Right of Third Parties) Act 2001 of Singapore. This Clause shall override any other Clause in this Terms of Use that is or may be inconsistent with it.

  12. Governing Law and Submission to Jurisdiction

    The validity, construction and performance of this Terms of Use shall be governed by and interpreted in accordance with the laws of Singapore, and you hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Singapore.