Terms and conditions

Privacy Policy

Terms and Conditions

Version 1.6 – Effective Date: November 2025  |  Supersedes Version 1.5 (April 2025)

1. Acceptance of the Terms and Conditions

These Terms and Conditions are entered into by and between you and Kinnara Limited, a company incorporated in Hong Kong (Hong Kong BR No: 76606042), having its registered address at Unit 2, LG 1, Mirror Tower, 61 Mody Road, Tsim Sha Tsui, Hong Kong (“Company”, “we”, “our”, or “us”), collectively referred to herein as Kinnara.

These Terms and Conditions, together with any documents, disclaimers, policies, web pages, or other writing incorporated by reference, govern your access to and use of the Website (as defined below), whether as a guest or a registered user. By accessing or using the Website, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease use of the Website.

This agreement is entered into electronically and is valid and enforceable under the Electronic Transactions Ordinance (Cap. 553) of Hong Kong.

The Website is offered and available only to persons aged 18 or over who have the legal capacity to enter a binding contract. By using the Website, you represent and warrant that you meet these requirements.

2. Platform Status and Regulatory Position

Kinnara is a Technology Marketplace Only. Kinnara operates exclusively as an online property listing and marketing technology platform. Kinnara does not carry on estate agency work as defined in the Estate Agents Ordinance (Cap. 511) of Hong Kong, nor does it carry on the equivalent of such work under any equivalent legislation in any other jurisdiction in which it operates. In particular, Kinnara does not:

  • negotiate or facilitate the negotiation of the price or terms of any property transaction;
  • act as agent, representative, or intermediary for any buyer or seller in a property transaction;
  • provide property valuations, appraisals, or investment returns advice;
  • hold a licence under the Estate Agents Ordinance (Cap. 511) or any equivalent licensing regime; or
  • act as a fiduciary for any user, buyer, or seller, except as expressly stated in a separate written agreement.

Kinnara does not hold a licence under the Securities and Futures Ordinance (Cap. 571) of Hong Kong, does not provide any advice regulated under that Ordinance, and nothing on the Website constitutes a regulated activity within the meaning of the Securities and Futures Ordinance. Where any property is marketed with reference to projected rental yields, capital appreciation, or investment performance, such information is provided by the Listing Agent only and does not constitute investment advice.

All real estate transactions are solely between the buyer and the seller or their respective authorised agents. Kinnara is not a party to any such transaction.

3. Changes to the Terms and Conditions

We may revise, update, and otherwise change these Terms and Conditions at any time. For non-material changes (such as corrections, clarifications, or administrative updates), changes take effect immediately upon posting. For material changes (including changes that affect liability, dispute resolution, or payment terms), we will provide at least 14 days’ prior notice by email (where we hold a current email address) and by posting a prominent notice on the Website. Your continued use of the Website after expiry of the notice period constitutes acceptance of the revised Terms.

Notwithstanding the above, changes to the dispute resolution and governing law provisions shall not apply to any dispute of which a party has given written notice prior to the date the change takes effect.

We maintain an archived version of previous Terms, which is available on request by writing to [email protected].

4. Accessing the Website and Account Security

We reserve the right to withdraw, amend, or restrict access to the Website or any part of it at any time without notice. We will not be liable if all or any part of the Website is unavailable for any period.

You are responsible for: (a) making all arrangements necessary to access the Website; (b) ensuring all persons accessing the Website via your connection comply with these Terms; and (c) the accuracy and completeness of all information you provide to us. You must promptly notify us of any inaccuracy or change to the information you have provided.

If you create or are issued credentials for an account, you must keep them strictly confidential and not share them with any other person. You must notify us immediately of any unauthorised access or security breach affecting your account at [email protected]. You are solely responsible for all activities conducted through your account. We disclaim all liability for losses arising from unauthorised access resulting from your failure to maintain the security of your credentials.

We reserve the right to disable any account credentials at any time in our sole discretion, including where we reasonably believe a breach of these Terms has occurred.

5. Platform Credits and Promotional Offers

Kinnara may, at its sole discretion, issue promotional or discretionary credits (“Credits”) for limited use on the Website (for example, for featured listings, upgrades, or promotional activities). Credits are not legal tender, stored value, or a guaranteed service entitlement.

  • Eligibility: Credits may be issued to users meeting criteria determined by Kinnara at its sole discretion.
  • Use: Credits may only be used within the Kinnara platform for the purposes specified at the time of issue. Credits are non-transferable, non-refundable, and cannot be redeemed for cash or any other monetary equivalent.
  • Expiry: Unless otherwise stated in writing, Credits expire 30 days after issuance. Unused Credits are automatically forfeited without compensation.
  • Restrictions: Credits may not be combined with other offers unless expressly stated. Credits cannot be sold, traded, or assigned.
  • Misuse: Any misuse, manipulation, or fraudulent use of Credits is strictly prohibited. Kinnara reserves the right to revoke Credits and terminate accounts in such circumstances.
  • Modification: Kinnara may modify, suspend, or terminate any Credit programme at any time without notice or liability.

6. Intellectual Property Rights

The Website and all of its contents (including software, text, displays, images, video, audio, design, and other material) are owned by the Company, its licensors, or other rights holders, and are protected by the Copyright Ordinance (Cap. 528) of Hong Kong and applicable international intellectual property laws. These Terms permit you to use the Website for personal, non-commercial purposes only.

Permitted uses include:

  • temporary RAM storage incidental to accessing and viewing materials;
  • downloading one copy of a reasonable number of pages for personal, non-commercial reference;
  • downloading authorised applications to your personal device; and
  • sharing or displaying content where we have given express written permission.

You must not: modify, reproduce, distribute, publish, create derivative works of, publicly display, or otherwise exploit any content from the Website without our prior written consent. You must not remove or alter any copyright, trademark, or other proprietary notices. Any unauthorised use immediately terminates your right to access the Website and may constitute a criminal offence under applicable law.

To request any use of Website content beyond the above, contact: [email protected].

7. Trademarks

The name Kinnara, our logo, and all related marks, product and service names, and slogans are registered or unregistered trademarks of the Company or its affiliates. You must not use any such marks without our prior written consent. All other trademarks appearing on the Website belong to their respective owners.

8. User-Generated Content

By submitting any content to the Website (including property listings, images, descriptions, and text), you:

  • grant Kinnara a worldwide, non-exclusive, royalty-free, sublicensable licence to use, display, reproduce, adapt, and distribute that content in connection with the operation and promotion of the Website;
  • represent and warrant that you own or have the right to grant this licence; that the content does not infringe any third-party intellectual property, privacy, or other rights; and that the content is accurate and not misleading; and
  • agree to indemnify and hold harmless Kinnara from any claim, loss, or liability arising from the content you submit or any breach of these warranties.

Kinnara does not endorse any user-submitted content. You acknowledge that Kinnara is not required to review content before publication and is not liable for any user-submitted content.

9. Agent Listings and Marketplace Disclaimer

9.1 Kinnara is a Marketplace Only. Kinnara operates solely as an online property marketplace and technology platform. The inclusion of any listing does not constitute an endorsement, recommendation, verification, or approval of the listing, the property, or the Listing Agent. Kinnara does not act as developer, vendor, seller, buyer’s agent, or property representative in connection with any listing.

9.2 Listing Agent Responsibility. All property listings are submitted by independent agents, developers, or their authorised representatives (“Listing Agents”). Each Listing Agent is solely and exclusively responsible for:

  • the accuracy, completeness, currency, and truthfulness of all listing content, including property descriptions, pricing, availability, specifications, title status, legal encumbrances, zoning, permit status, and any projected returns or investment performance;
  • ensuring listing content complies with all applicable laws in the jurisdiction where the property is located, including any mandatory disclosure requirements for off-plan, pre-completion, or development properties;
  • holding and maintaining all licences, registrations, and approvals required to market, list, or sell the property in the relevant jurisdiction (including, as applicable, the Estate Agents Ordinance (Cap. 511, HK), the Estate Agents Act (Singapore), the Valuers, Appraisers, Estate Agents and Property Managers Act (Malaysia), and equivalent legislation in each relevant market);
  • all representations, warranties, and statements made to prospective buyers, whether through the Website or otherwise; and
  • full compliance with anti-money laundering, sanctions, and financial crime obligations applicable to the transaction and the Listing Agent’s jurisdiction.

9.3 No Liability for Listing Content. To the fullest extent permitted by applicable law, Kinnara accepts no responsibility or liability for:

  • any inaccuracy, error, omission, or misrepresentation in any listing;
  • any difference between a property as described and its actual condition, specification, legal status, or title position;
  • any failure by a Listing Agent to obtain required licences or make required disclosures;
  • any loss, damage, or cost suffered by any user arising from reliance on listing content; or
  • any dispute between a buyer and a Listing Agent, developer, seller, or third party.

Users are solely responsible for conducting their own due diligence, including obtaining independent legal, financial, and structural advice, before committing to any transaction.

9.4 Property Images. All images, photographs, renderings, floor plans, and other visual materials in listings are provided exclusively by the Listing Agent. Kinnara does not create, curate, or verify any such materials. Images may include computer-generated renderings, artists’ impressions, or sample property photographs and may not represent the actual property. Kinnara accepts no liability for any discrepancy between images and the actual property.

9.5 Kinnara’s Right to Remove Listings. Kinnara reserves the right, in its sole discretion and without prior notice or liability, to remove, suspend, or modify any listing at any time, including where Kinnara becomes aware or reasonably suspects that: (a) the listing contains inaccurate, misleading, or fraudulent content; (b) the listing violates these Terms or applicable law; (c) the property is subject to legal or regulatory proceedings; (d) the Listing Agent has breached their obligations; or (e) continued display may expose users or Kinnara to harm or liability. Removal does not constitute an assumption of responsibility by Kinnara.

9.6 No Legal or Financial Advice. Nothing on the Website, in any listing, or in any communication from Kinnara constitutes legal, financial, tax, investment, or professional advice. Kinnara does not hold a financial services licence or investment adviser registration in any jurisdiction, and is not authorised to provide regulated advice. All Website content is for general information only. Users must seek independent qualified legal and financial advice appropriate to their individual circumstances and jurisdiction before committing to any transaction.

9.7 Trade Descriptions. Kinnara operates as a passive intermediary. All trade descriptions, representations, and statements relating to properties listed on the Website are made solely by the Listing Agent. Kinnara does not apply, approve, or adopt any trade description in relation to any property. Nothing in these Terms or the Website shall be construed as Kinnara applying a trade description within the meaning of the Trade Descriptions Ordinance (Cap. 362) of Hong Kong or any equivalent legislation.

10. Foreign Ownership, Cross-Border Transaction Risks, and Regulatory Compliance

10.1 Foreign Ownership Restrictions. Most jurisdictions in which properties are listed on the Website impose significant restrictions on foreign ownership of real property. These restrictions vary by jurisdiction, property type, location, and the buyer’s nationality and residency status. Examples include (without limitation):

  • Indonesia: Foreign nationals may not own freehold land (Hak Milik). Foreign ownership of property is generally limited to the Right of Use (Hak Pakai) or Right to Build (Hak Guna Bangunan) structures. Certain foreign investment structures through PT PMA entities may be available. Users must obtain specialist Indonesian legal advice before proceeding.
  • Thailand: Foreign nationals are generally prohibited from owning land in Thailand under the Land Code B.E. 2497. Foreign condominium ownership is limited to 49% of total floor area in any condominium building. Various long-term lease and corporate structures exist but carry legal risk. Users must obtain specialist Thai legal advice.
  • Singapore: Foreign persons require approval from the Singapore Land Authority (SLA) to purchase restricted residential property under the Residential Property Act 1976. Foreign ownership of landed residential property is generally prohibited unless SLA approval is obtained.
  • Malaysia: Foreign persons are generally subject to minimum purchase price thresholds and must obtain State Authority and/or Economic Planning Unit approval for certain property types under the National Land Code.
  • Philippines: Foreign nationals are generally prohibited from owning land. Foreign condominium ownership is limited to 40% of units in a condominium project under the Condominium Act.
  • Vietnam: Foreign nationals may own apartments and houses for terms of up to 50 years (renewable) but may not own land. Maximum foreign ownership is capped at 30% of apartments in a single condominium building and 250 houses in a single administrative ward.
  • Australia: Foreign persons are generally required to obtain Foreign Investment Review Board (FIRB) approval before acquiring residential real estate in Australia under the Foreign Acquisitions and Takeovers Act 1975.

This list is illustrative only and not exhaustive. Foreign ownership rules change frequently. Kinnara accepts no responsibility for ensuring that any listed property is legally available for purchase by any particular user, or that any particular user is legally entitled to acquire the property in any jurisdiction. Users are solely responsible for obtaining specialist legal advice in the relevant jurisdiction before proceeding.

10.2 Off-Plan and Development Properties. Many properties listed on the Website are offered for sale prior to construction completion (“off-plan” or pre-completion). Off-plan purchases carry material risks including (without limitation):

  • non-completion or insolvency of the developer;
  • construction delays beyond the scheduled completion date;
  • material differences between the property as described in marketing materials and the completed property;
  • changes in design, specification, layout, or surrounding development;
  • inability to resell prior to completion;
  • changes in foreign ownership laws or restrictions between exchange of contracts and completion; and
  • the developer’s failure to obtain required planning permits, building approvals, or title documents.

Kinnara accepts no liability for any risk, loss, or damage arising from off-plan or pre-completion purchases. Users must conduct independent due diligence on the developer, the project, and all applicable approvals before committing any funds.

10.3 Currency Controls and Remittance Risk. Cross-border property purchases may be subject to currency controls, capital account restrictions, and remittance regulations in both the buyer’s and the property’s jurisdiction. Users are solely responsible for obtaining all necessary approvals, bank consents, and regulatory clearances for the remittance of funds. Kinnara accepts no liability for any inability to remit or repatriate funds.

10.4 Tax Obligations. Property transactions in all jurisdictions attract tax obligations including (without limitation) stamp duty, real property gains tax, withholding tax, value added tax, income tax on rental income, and capital gains tax. Kinnara does not provide tax advice. Users must obtain independent tax advice in each relevant jurisdiction before proceeding with any transaction.

11. Payment and Non-Refundable Policy

All platform fees and charges payable to Kinnara are final and non-refundable, except: (a) where the payment is a Reservation Deposit governed by Section 12; (b) where a refund is expressly agreed in writing by Kinnara; or (c) where mandatory consumer-protection laws in your jurisdiction confer a non-excludable right to a refund or cancellation. Nothing in this section overrides any non-excludable statutory consumer right applicable to your jurisdiction.

12. Reservation Deposits

This section applies whenever you pay a Reservation Deposit to secure exclusive negotiation rights over a property listed on the Website.

12.1 Deposit Amount and Payment. The required Deposit amount is stated on the listing page or notified to you in writing. Payment must be made through a channel approved by Kinnara. You are responsible for all transfer fees, exchange-rate differentials, and bank charges.

12.2 Reservation Period. Upon Kinnara’s written confirmation of cleared funds, the property will be marked “Reserved” for 14 consecutive calendar days (“Reservation Period”). During this period the seller agrees not to negotiate with other prospective buyers.

12.3 Completion Requirement. You must: (a) execute the definitive sale-and-purchase agreement provided by the seller; and (b) pay any balance or initial instalment required, on or before the last day of the Reservation Period. Failure to meet either step constitutes a Buyer Default.

12.4 Forfeiture. If a Buyer Default occurs, the Deposit is irrevocably forfeited and becomes the property of the seller (or of Kinnara, where Kinnara is acting as authorised collecting agent for the seller). If the seller withdraws the property from sale, or fails to execute the definitive agreement for reasons not attributable to you, the Deposit will be returned in full to the original payment source within 14 business days, less non-refundable payment-processing fees. The forfeiture provisions in this clause must be proportionate to any legitimate interest of the seller and may be subject to the consumer-protection laws of your jurisdiction.

12.5 No Property Interest. The Deposit grants you a contractual right of first refusal only. It does not create any legal or equitable interest, charge, or lien in or over the property.

12.6 Holding of Funds. Unless required by local law to be held in a statutory trust or escrow, the Deposit may be held in the seller’s, Kinnara’s, or an appointed third party’s client-moneys account. Interest, if any, accrues to the holder. Kinnara acts solely as a marketplace facilitator and is not a fiduciary with respect to Deposits unless expressly stated in a separate written escrow agreement.

12.7 KYC Condition. Completion of KYC, AML, and sanctions screening is a condition precedent to Kinnara accepting and retaining any Deposit. Failure to satisfy these checks within the Reservation Period constitutes a Buyer Default.

12.8 Currency Risk. Where a Deposit is paid in a currency other than the property’s contract currency, any exchange-rate fluctuation between Deposit payment and contract completion is at your sole risk.

13. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You must not use the Website to:

  • post listings for properties you do not have the authority to market or sell;
  • make any false, misleading, or deceptive representation regarding any property, price, title, availability, legal status, or investment return;
  • circumvent any foreign ownership restriction or regulatory requirement in any jurisdiction;
  • facilitate or assist with money laundering, tax evasion, sanctions evasion, or any other financial crime;
  • collect, harvest, or use personal data of other users without their consent;
  • transmit unsolicited commercial communications;
  • distribute viruses, malware, or other harmful code, or conduct DDoS attacks;
  • infringe any intellectual property, privacy, or other third-party rights;
  • engage in any conduct that is unlawful, fraudulent, harmful, threatening, abusive, or harassing; or
  • use the Website in any manner that could damage or impair its availability, integrity, or security.

Kinnara reserves the right to determine, at its sole discretion, whether any use is prohibited, and to take any action it considers appropriate, including account suspension and referral to law enforcement.

14. Monitoring, Enforcement, and Content Removal

Kinnara does not review all content before it is posted and cannot guarantee prompt removal of objectionable material after posting. Kinnara is not liable for any action or inaction regarding transmissions or content provided by users or third parties, and has no responsibility to any person for performance or non-performance of the activities described in this section. Kinnara operates as an online intermediary and does not control or endorse user-submitted listings. Kinnara will take down unlawful content promptly upon receipt of adequate written notice.

Kinnara has the right to cooperate fully with any law enforcement authority or court order requesting disclosure of the identity or information of any user. You waive and hold harmless Kinnara from any claim arising from any action taken in response to or as a result of an investigation by Kinnara or law enforcement.

15. Account Suspension and Termination

Kinnara may suspend, restrict, or terminate your account at any time, for any reason including (without limitation) breach of these Terms, unlawful or harmful conduct, or failure to satisfy KYC/AML requirements. Suspension or termination may occur without prior notice at Kinnara’s sole discretion. If your account is terminated, you may request a review of the decision by contacting [email protected] within 14 days. Platform fees paid are non-refundable except where mandatory consumer-protection law otherwise requires. Kinnara shall not be liable to you or any third party for loss of access, products, or services arising from a suspension or termination.

16. Electronic Delivery of Communications

You consent to receive all communications from Kinnara electronically, including agreements, notices, disclosures, and receipts. Kinnara complies with applicable electronic communications and anti-spam legislation, including the Unsolicited Electronic Messages Ordinance (Cap. 593) of Hong Kong.

Electronic Communications will be provided by posting on the Website or by email to your registered address. You are responsible for keeping your email address current. If an electronic Communication is sent to an address on file and is not received due to an incorrect or inactive address, Kinnara will be deemed to have provided the Communication.

You may withdraw consent to electronic Communications by contacting [email protected]. Withdrawal of consent may result in suspension of your access to the Website. Paper copies of any Communication may be requested within 180 days of original delivery; additional fees may apply.

To receive electronic Communications, you require: a current web browser; a valid email address; and sufficient storage to save or print documents.

17. Data Protection and Privacy

Kinnara processes personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) of Hong Kong and applicable data protection legislation in other jurisdictions in which Kinnara operates.

Under the PDPO, you have the right to: (a) request access to personal data held about you; and (b) request correction of any inaccurate personal data. Requests should be directed to [email protected]. Kinnara may charge a reasonable fee for data access requests in accordance with the PDPO.

If you submit content that contains personal data of any third party (including property owners, sellers, or other individuals), you are solely responsible for ensuring you have a valid legal basis for submitting that data and that the submission complies with all applicable data protection laws, including the doxxing-related offences under Part VIA of the PDPO. Kinnara may remove content that it reasonably believes constitutes doxxing or an unlawful disclosure of personal data.

Full details of how Kinnara collects, uses, stores, and discloses personal data are set out in our Privacy Policy, which is incorporated into these Terms by reference.

18. Data Retention

Kinnara retains personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by law, in accordance with Data Protection Principle 2 of the PDPO. Indicative retention periods are:

  • Account Data: retained for the lifetime of your account plus 5 years for compliance and record-keeping purposes.
  • Transaction and KYC Data: retained for at least 7 years to satisfy applicable AML/CTF and tax obligations.
  • Marketing Data: retained until you unsubscribe or opt out.

On expiry of the applicable retention period, personal data will be securely deleted or anonymised.

19. International Data Transfers

Given the cross-border nature of Kinnara’s operations, your personal data may be transferred to, stored, or processed in Hong Kong, Australia, Indonesia, Thailand, Singapore, and other jurisdictions in which Kinnara or its service providers operate. Where a destination jurisdiction does not provide a level of data protection equivalent to the PDPO, Kinnara will put in place appropriate safeguards, which may include contractual protections equivalent to EU Standard Contractual Clauses, where applicable.

20. Security and Breach Notification

Kinnara implements appropriate technical and organisational security measures to protect personal data from unauthorised access, use, or disclosure. We require our data processors and service providers to implement equivalent protections. In the event of a data breach that poses a material risk to affected individuals, we will notify affected users and relevant supervisory authorities within 72 hours of becoming aware, or within such shorter period as may be required by applicable law (including the PDPA notification obligations in Singapore and Thailand).

21. KYC, AML, and Sanctions Compliance

Kinnara complies with applicable anti-money laundering (“AML”), counter-terrorism financing (“CTF”), and sanctions regulations, including (without limitation) the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405) and the Organized and Serious Crimes Ordinance (Cap. 455) of Hong Kong. Where required for compliance, Kinnara may require you to complete Know Your Customer (“KYC”) verification before registering interest, paying a Deposit, or otherwise engaging with services.

Kinnara uses Personr.co, an independent third-party identity verification provider, to conduct KYC checks. By proceeding with any KYC-gated activity, you agree that Personr.co may collect and process identity information including government-issued identification, biometric data for liveness verification, and sanctions/PEP screening results. Kinnara may also collect source-of-funds and source-of-wealth information where required.

You confirm that all information provided during KYC is true, accurate, and complete. Providing false or misleading information is a breach of these Terms and may be reported to relevant authorities. Kinnara may decline, suspend, or cancel any engagement where KYC checks cannot be satisfactorily completed or where results indicate regulatory, sanctions, fraud, or reputational concerns. Details of how KYC data is processed are in our Privacy Policy.

22. Anti-Bribery and Anti-Corruption

Kinnara is committed to the highest standards of ethical conduct and compliance with applicable anti-bribery and anti-corruption laws, including the Prevention of Bribery Ordinance (Cap. 201) of Hong Kong and the laws of all jurisdictions in which it operates. You must not, directly or indirectly, offer, give, request, or accept any bribe, corrupt payment, or other improper inducement in connection with the use of the Website or any property transaction facilitated through it. Any breach of this clause entitles Kinnara to immediately terminate your account and to report the matter to relevant authorities.

23. Cookie Statement

The Website uses cookies and similar tracking technologies to improve functionality, analyse usage, and personalise your experience. By continuing to browse after being presented with our cookie notice, you consent to the use of cookies as described. You may withdraw consent at any time via your browser settings, though this may affect Website functionality. For full details, see our Privacy Policy linked in the Website footer.

24. Geographic Restrictions and Jurisdiction-Specific Rights

Kinnara Limited is incorporated in Hong Kong and operates the Website from Hong Kong. Kinnara’s operations extend across Southeast Asia and the broader Asia-Pacific region, including Indonesia, Thailand, Singapore, Malaysia, Australia, and other markets. Users are responsible for compliance with local laws applicable to their use of the Website and any property transaction they enter into.

Users accessing the Website from jurisdictions with specific consumer protection, privacy, or property laws may be entitled to additional rights that cannot be excluded by contract. These include (without limitation) consumer guarantees under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)), rights under the Singapore Consumer Protection (Fair Trading) Act, and rights under applicable data protection legislation in each jurisdiction. Kinnara complies with such laws to the extent applicable.

25. Complaints Procedure

Kinnara is committed to resolving complaints fairly and promptly. If you have a complaint regarding the Website, a listing, a Listing Agent, or any transaction facilitated through the Website, you should:

  • Step 1: Contact Kinnara at [email protected] with full details of your complaint. Kinnara will acknowledge your complaint within 3 business days.
  • Step 2: Kinnara will investigate and provide a substantive response within 14 business days. Where the matter is complex, we will notify you of the expected timeframe for resolution.
  • Step 3: If your complaint is not resolved to your satisfaction, you may escalate to arbitration under Section 28 below.

Kinnara’s complaints procedure does not limit any statutory rights you may have, including rights to contact applicable regulatory bodies in your jurisdiction.

26. Disclaimer of Warranties

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by applicable law that cannot be excluded, restricted, or modified (including any guarantee under the Australian Consumer Law). To the fullest extent permitted by applicable law:

  • THE WEBSITE, ITS CONTENT, AND ALL SERVICES AND ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR RELIABILITY.
  • KINNARA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
  • KINNARA WILL NOT BE LIABLE FOR LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL AFFECTING YOUR EQUIPMENT OR DATA.

The reasonableness of the exclusions in this clause is assessed in accordance with the Control of Exemption Clauses Ordinance (Cap. 71) of Hong Kong. Where any exclusion is found to be unreasonable under Cap. 71 or any equivalent law, that exclusion shall be severed but the remaining exclusions shall continue in force.

27. Limitation on Liability

27.1 Exclusion of consequential loss. To the fullest extent permitted by applicable law, Kinnara, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, special, incidental, consequential, or punitive loss or damage arising from your use of or inability to use the Website, including but not limited to loss of profits, loss of data, loss of revenue, loss of business or anticipated savings, or reputational damage, whether arising in contract, tort (including negligence), or otherwise.

27.2 Liability cap. To the extent Kinnara is found liable for any direct loss or damage, Kinnara’s total aggregate liability to you shall not exceed the greater of: (a) the total fees paid by you to Kinnara in the 12 months preceding the event giving rise to the claim; or (b) HKD 10,000.

27.3 Non-excludable liability. Nothing in these Terms limits or excludes Kinnara’s liability for: (a) death or personal injury caused by Kinnara’s negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be lawfully excluded or limited under applicable law, including the Control of Exemption Clauses Ordinance (Cap. 71) of Hong Kong.

27.4 Reasonableness. The limitations in this section are assessed by reference to the reasonableness test in the Control of Exemption Clauses Ordinance (Cap. 71), having regard to all circumstances including the nature of the parties, the availability of insurance, and the practical difficulty of guarding against the losses in question. If any limitation is held to be unreasonable under Cap. 71 or any equivalent applicable law, the limitation shall apply to the maximum extent permitted.

28. Indemnification

You agree to defend, indemnify, and hold harmless Kinnara, its affiliates, officers, directors, employees, contractors, agents, licensors, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your use of the Website in violation of any applicable law; (c) any content you submit to the Website; (d) any misrepresentation you make to Kinnara or to any other user; or (e) any dispute between you and any Listing Agent, developer, seller, or buyer.

Listing Agents additionally indemnify Kinnara against any claim, penalty, fine, or liability arising from: (i) any inaccuracy or misrepresentation in a listing submitted by the Listing Agent; (ii) the Listing Agent’s failure to hold required licences or approvals; or (iii) the Listing Agent’s violation of any applicable estate agency, consumer protection, or financial services legislation.

29. Linking and Third-Party Sites

You may link to the Website provided you do so in a manner that is fair, legal, and does not suggest any association, approval, or endorsement by Kinnara without our written consent. The Website may contain links to third-party sites provided for convenience only. Kinnara has no control over the contents of those sites, accepts no responsibility for them or for any loss arising from their use, and does not endorse any third-party content. If you access any linked site, you do so entirely at your own risk.

30. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles. Subject to the arbitration clause below, the courts of Hong Kong shall have exclusive jurisdiction, and you irrevocably submit to that jurisdiction.

Where mandatory consumer protection laws in your jurisdiction confer rights or remedies that cannot be excluded by this choice of law, those local laws shall apply to the extent required. Nothing in this clause prevents any party from seeking urgent interlocutory relief from any court of competent jurisdiction.

31. Dispute Resolution and Arbitration

31.1 Amicable resolution. If a dispute arises between the parties, either party may refer the dispute to Kinnara’s complaints procedure under Section 25. The parties shall attempt to resolve the dispute amicably within 30 days of the dispute being referred (“Amicable Resolution Period”).

31.2 Arbitration. If a dispute is not resolved within the Amicable Resolution Period, either party may refer it to final and binding arbitration under the administered arbitration rules of the Hong Kong International Arbitration Centre (“HKIAC”), seated in Hong Kong, before a sole arbitrator appointed in accordance with those rules. The arbitration shall be conducted in English. The arbitral award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

31.3 Consumer disputes. Where you are a consumer (as defined under applicable consumer protection legislation in your jurisdiction), you are not required to submit to arbitration and may instead pursue your claim through applicable consumer dispute resolution schemes or courts in your jurisdiction. Kinnara will not seek to enforce arbitration against consumers in jurisdictions where such enforcement is restricted by applicable law.

31.4 Costs. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

32. Limitation on Time to File Claims

Any claim arising out of or relating to these Terms or your use of the Website must be commenced within two (2) years after the cause of action accrues, or within the limitation period required by applicable mandatory law in your jurisdiction (whichever is longer). This contractual limitation is agreed to be fair and reasonable having regard to the nature of the Website and the parties’ respective interests, and is subject to the Control of Exemption Clauses Ordinance (Cap. 71) of Hong Kong. Where the applicable mandatory law provides a longer minimum period, that longer period shall apply.

33. Waiver and Severability

No failure or delay by Kinnara in enforcing any right or provision of these Terms constitutes a waiver of that right or provision. If any provision is held by a competent tribunal to be invalid, unlawful, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

34. Entire Agreement

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Kinnara with respect to the Website and supersede all prior communications, representations, and agreements. No oral or written statement made outside of these Terms shall vary or supplement these Terms unless executed in writing by an authorised representative of Kinnara.

35. Headings and Interpretation

Headings are for convenience only and do not affect interpretation. References to “including” mean “including without limitation”. No rule of construction applies to the disadvantage of a party merely because that party drafted these Terms.

36. Force Majeure

Kinnara will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, government action or regulation, natural disasters, pandemic or epidemic events, cyberattacks, labour disputes, infrastructure failures, or internet service disruptions. Kinnara will notify you as soon as practicable and will use reasonable efforts to mitigate the impact of such events.

37. Contacting Us

Kinnara Limited is incorporated in Hong Kong (BR No: 76606042), with its registered address at Unit 2, LG 1, Mirror Tower, 61 Mody Road, Tsim Sha Tsui, Hong Kong.

These Terms were last reviewed for legal compliance in April 2026. Kinnara recommends that users bookmark this page and check periodically for updates. The version number and effective date at the top of this page will reflect any material changes.