Terms & Conditions For Users
1.2"Website" refers to propertyfinder.eg.
1.4You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
1.5These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.
2. Use license & restrictions
2.1Permission is granted to temporarily download copies of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
2.2In accessing or using our Website you irrevocably agree and undertake to ensure that you will not:
- use any automated device, software process or means to access, retrieve, scrape, or index our Website or any content on our Website;
- use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website;
- undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate Website usage;
- use or index any content or data on our Website for purposes of:
- constructing or populating a searchable database of properties,
- building a database of property information; or
- competing with us in any manner that we have not specifically authorised;
- transmit spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- use our Website or any content from our Website in any manner which we in our sole discretion determine as not reasonable and/or not for the purpose which it is made available;
- violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- act in violation of any such terms or other condition posed by us or any applicable law;
- reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptation of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
- transmit or attempt to transmit any computer viruses, worms, defects or other items of a destructive manner.
2.3We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to our use of the Website, including but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
2.4This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Your responsibilities
3.1We are not an estate agency and we provide a service whereby agents may market and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
3.2Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
3.3You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
3.4You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
3.5You are responsible for ensuring that you act in good faith towards any other parties.
4.1In no event will we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if one of our authorised representatives has been notified orally or in writing of the possibility of such damage.
4.2We will not be liable for any loss or damage arising under or in connection with:
- any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
- any loss of your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to your computer system and/or your account;
- the use of, or inability to use, our Website;
- the reliance on any content or information displayed on our Website;
- any direct, consequential, special or punitive loss, damage, costs and expenses;
- loss of profit;
- loss of business;
- loss of reputation;
- depletion of goodwill; or
- loss of, damage to or corruption of data.
4.3Unless we otherwise expressly agree in writing, you agree not to use our Website for any commercial or business purposes.
4.4We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
4.5If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email directly to the agent, estate agent, landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.
5. Revisions and errata
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice.
6. Availability of website
We strive to ensure that our Website and the services are available to you at all times but cannot guarantee that either the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the services, including your access to it.
7. Links & third parties
Our Website may contain links, hyperlinks and pointers to third party products, services and/or websites that are not affiliated with Us. We have no control over the products, services or websites of these third parties and We do not guarantee or take responsibility for them. Our Website may also contain advertising from third parties and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
Any links or advertisements on our Website should not be taken as an endorsement by us of any kind. Furthermore, our Website contains data provided by third parties and we accept no responsibility, nor do we make any warranties or representations for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
By using the Website, you grant us an irrevocable, world-wide, royalty free license to commercialse, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Website.
We do not warrant that the content, links, or sub-domains contained on, or associate with our Website will be available and accessible to you at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.
9.2We may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to any or all of your Contributions if we consider that:
- those Contributions are in breach of any law or regulation;
- those Contributions infringe the intellectual property rights of any third party;
- it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
- those Contributions;
- misleading or deceptive;
- inappropriate having regard to the purpose of our Website;
- likely to cause offence;
- materially incorrect;
- otherwise unlawful and/or against the customs or norms of the region in which this Website is referred too; or
- corrupted, due to the presence of a virus or other disabling code.
9.3To the extent that any Contributions are proprietary in nature, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.
9.4You also grant each user of our Website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
- you own and control all of the rights to the Contributions; or
- you have the lawful right including all necessary licences, rights, consents and permissions to use and authorise us to display the Contributions.
9.5For any Contributions that you may retain moral rights in, you declare that:
- you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
- You understand that when accessing our Website you may be exposed to the Contributions of other users of our Website. You acknowledge and agree that we do not have control of and are not responsible nor do we warrant the veracity of these other Contributions.
9.6You represent and warrant that:
- you have the lawful right including all necessary licenses, rights, consents and permissions to use and authorise us to display your Contributions;
- you will not make any Contributions that infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you; and
- you will not make any Contributions that:
- are misleading;
- are deceptive;
- are materially incorrect;
- are likely to cause offence;
- directly or indirectly involve the advertising or marketing of any products or services;
- are obscene, including pornographic, hateful, racially or ethnically offensive material;
- are defamatory;
- are otherwise unlawful or encourage unlawful conduct; or
- are otherwise inappropriate having regard to the purpose of our Website.
10. Intellectual property
10.1Unless otherwise expressly stated, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
10.2We, together with our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this Website for any purpose.
10.3Our names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of us or our licensors. No trademark or service mark license is granted in connection with the materials contained on this Website.
10.4Access to this Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.
11. electronic communications
11.1When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website for your account.
12.1You agree to indemnify and hold us and our affiliates (and our officers, agents, partners and employees) against any and all loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with your use of and access to our Website or making Contributions not in accordance with the Terms.
The materials on our Website are provided on an "as is" and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any site linked to this Website.
14. Monitoring and recording telephone calls
Real estate broker and developer clients who have subscribed to our call tracking service have elected to have their call enquires generated through the Website. Such calls may be tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We will remind you of our recording before each phone conversation.
15. Governing law
15.2If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
16. CONTACT US
16.1Propertyfinder.eg subscribers are licensed real estate brokers, developers and hotel apartment providers. Our advertisers are contractually obligated to only list properties that are available for sale or lease with the proper authority from the owner and all other required governing bodies. Properties listed on propertyfinder.eg should be a fair and accurate portrayal of the property itself and the proposed transaction. To report any suspected fraudulent or misleading property postings on our site please send us an email with the details to email@example.com
Property Finder Customer AgreementThis Customer Agreement (this “Agreement”) contains the terms and conditions that govern your access to and
use of the Services and Platforms (as defined below) and is an agreement between the applicable Property Finder
Contracting Party specified in Section 15 below (“Property Finder,” “we,” “us,” or “our”) and you or the entity you
represent (“you” or “your”). This Agreement takes effect when you click an “I Accept” button or check box presented
with these terms (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g.,
you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you
represent to us that you have legal authority to bind that entity. In the event of a conflict between this Agreement and the Order Form, this Agreement shall prevail. Please see Section 15 for definitions of certain capitalized terms used in this Agreement.
1. Scope and Application of the Contract
1.1The Contract is effective between you and us. Your Affiliates may not use the Services under your Contract and must enter into a separate contract with us.
1.2Your Contract, including this Agreement, governs (i) the activity on your Account, the Division Accounts, the User Accounts; and (ii) the use of the Platforms by your Users. Your obligations under the Contract apply to your Users as well.
1.3You accept your Contract (i) by signing your Order Form (either digitally or by physical means); (ii) through the use of the Services; or (ii) by continuing to use the Services after being notified of a change to this Agreement.
1.4There may be circumstances where you are entering into the Contract on behalf of a company or any other legal person affiliated to you. In such cases:
- you warrant and represent that you have the authority, necessary licences, permits and consents to enter into the Contract on behalf of such company or legal person. We can direct you to furnish proof thereof.
- you will (prior to the commencement of your Contract) provide us a copy of the relevant Government Identity issued to you.
- you and the company or legal person are jointly and severally liable in respect of all the obligations under your Contract.
1.5We reserve the right to reject any Order Form or refuse to provide any Service at our absolute discretion, including if:
- you are not a licensed real estate agent, broker, developer or hotel apartment provider;
- you do not have the authority to act on behalf of the owner of a property for which Listings are published.
- you are not in compliance with Applicable Law.
2. Your Responsibilities
2.1You warrant and represent that you will:
- only create Listings for properties that are available to buy or rent;
- be the holder of a valid license as a real estate broker, hotel apartment or real estate developer in the Location;
- obtain and possess necessary permits to market and publish the Listings on our Platforms. Upon request, you will provide certified proof of any required permits to us. You acknowledge that we hold no responsibility for your obtaining and possessing any of the required permits for publishing and marketing the Listings;
- ensure that you do not make (or authorize the insertion of) any reference to us, our Brand or our Platforms in any document (including promotional or merchandising material) or any website without our prior written consent;
- comply with and abide by all Applicable Laws, including circulars and guidelines concerned with real estate, or the subject matter of your Contract;
- immediately remove the Listing or mark it as “Under Offer” upon (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (iii) a property being taken off the market;
- publish only one (1) Listing for a particular property (including through your Affiliates);
- hold all necessary licenses, authorizations and consents to use, display, reproduce, publish the Content and have the capacity, authority and right(s) to grant us a license for the Content;
- not infringe and/or use our Intellectual Property Rights, including in a manner that prejudices us or is harmful, defamatory or derogatory to our Brand or our reputation;
- not misuse or corrupt (or allow to be misused or corrupted) any of the Services provided to you;
- provide us with a valid telephone number where we can contact you. Where a trackable telephone number has been allocated to you, you will allow us to monitor telephone calls between you and any other party who has contacted you through our Platforms. You will take no actions that would interfere with such monitoring, and you agree that we and our suppliers may record such telephone calls;
- ensure that only your authorized persons have access to the Services;
- provide Content in a format compatible with any technical specifications issued by us from time to time;
- if you are acting on behalf of a property owner, provide all documentation as requested by us to prove your authority to act on behalf of the property owner (including but not limited to any power of attorney);
- have, and during the Listing Term maintain, the rights to market, rent or sell the properties specified in your Listings and will inform us promptly if you lose the rights to market, rent or sell the property set out in the Listing;
2.2You acknowledge and agree that:
- by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, reproduce, display, publish, copy, share, license to other persons and otherwise use the Content (or data or other information derived therefrom) for the purpose of performing our obligations under the Contract and/or to provide the Services. This license shall survive the termination of the Contract. You agree that unless required by Applicable Laws, we will not be required to identify you as the source of the Content in any medium through which the Content or any derivative thereof is published or displayed;
- we are not responsible for any errors or omissions in the Content, and we make no warranty nor any representations about the accuracy or completeness of your Content;
- you are responsible for, and must pay the cost of, all telecommunications and Internet access charges incurred when using our Platforms;
- you are responsible for the security and integrity of your Content and data generally;
- transmission of data over the Internet can be subject to errors and delays;
- we may contact you from time to time to make you aware of opportunities, products and services offered by us or our affiliates and our business partners. You further give us your permission to contact you via telephone or any electronic media for that purpose;
- we may immediately remove a Listing that is subject to the Sole Listing Rights of another agent;
- you will not use any tracking data obtained by cookies or using tracking tools on our Platforms to target, re-target, advertise or interact in any way with visitors or users of the Platforms;
- the Services will not be activated, and Credits (or Listing Tokens) shall not be delivered to your Account until payment of the Fee (or periodic installments thereof) has been received by us;
- if you wish to use a third-party CRM providers to publish data on the Platforms using an XML feed, such CRM provider must (i) be on our pre-approved list of CRM providers; (ii) must expressly agree to and comply with our terms and conditions for CRM providers, published on our Platforms (“CRM Conditions”). A breach of the CRM Conditions by the CRM providers could result in a suspension of the feed. It is your responsibility to assure that your CRM provider complies with the CRM Conditions. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the CRM Conditions.
3. Content Quality Responsibilities
3.1You warrant and represent that your Content and Listing:
- is not (i) unlawful (nor does it encourage unlawful conduct), defamatory, false, misleading, obscene (including pornographic, hateful, racially, or ethically offensive material) and/or otherwise inappropriate, and (ii) having regard for the purpose of our Platforms, is not likely to cause offence or is against public policy, and (iii) will not expose us to any liability, legal proceedings or other sanction;
- does not, in any manner, infringe our Intellectual Property Rights or the Intellectual Property Rights of any third party;
- is in all respects true, complete and accurate and that you will promptly update or correct the Content on becoming aware of any errors or inaccuracies;
- complies, and will continue to comply, with any guidelines we issue from time to time;
- complies, and will continue to comply, with any Listing requirements defined by us;
- refers only to details of a particular property and any reference to material other than the details for a property must receive our prior written approval;
- does not directly or indirectly involve advertising or marketing anything other than a particular property; and
3.2You acknowledge and agree that:
- we are not under any obligation to monitor or censor the Content generated by you. However, we reserve the right to do so, in our absolute discretion, without notice to you;
- we may remove, cause to be removed, amend or decline to display any Content or Listing on the Platforms, or direct you to modify the Content or Listing to meet the requirements of this Agreement or Applicable Laws;
- we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Listing or Content uploaded or submitted to us for uploading (including the type of Content or the amount of Content); and
- using the Service to advertise your business other than for property, is not acceptable. Any reference to material other than details for a property or real estate development must receive our prior written approval.
4. Credits and Listings
4.1For you to use a Credit or Listing Token towards a Listing you must:
- be registered as an “Administrator” or “Agent” in our Customer management system;
- have sufficient Credits in your Account (to be utilized within the Credit Term); and
- upload a Listing via our Customer management system.
4.2You acknowledge and agree that:
- we do not, in any manner, promise or guarantee any leads or minimum number of leads or impressions;
- you cannot pause, cancel, or get a refund for any Credit, including but not limited to if a Listing is not displayed during a part or for the entirety of the Listing Term, or you decide to change the type of product or service used for such Listing (for example by upgrading from a ‘Standard’ listing to a ‘Featured’ or ‘Premium’ listing.
- any loss of a Credit that results from a Disqualifying Event shall not qualify for a refund or compensation of any kind.
- once a Listing Request has been accepted, you cannot pause the Service or utilize such Credits for another Listing;
- once a Listing Request has been accepted, we do not promise or guarantee that any subsequent changes made by you will be reflected on the Platforms;
- all Credits which have not been utilized by the end of the Credit Term will expire and will not roll over to the next Credit Term.
- all Top-Up Credits which have not been utilized before the end of the Credit Term will expire at the end of such Credit Term.
- all Credits which remain unused at the end of the Contract Term will be deemed to have been used and will automatically and permanently expire.
4.3Without prejudice to any other rights available to us under this Agreement, we may remove any Listing from our Platform if any of the following events (each a “Disqualifying Event”) occur:
- the details of the real estate property in a Listing, are inaccurate or misleading or if the property is unavailable for any reason;
- the property set out in the Listing has been sold, rented or foreclosed upon, or is going under offer;
- failure of the Listing to satisfy the Listing requirements defined by us;
- the price or rent of a property set out in the Listing does not match the request of the property owner or the property owner’s representative; or
- the Listing is subject to the Sole Listing Rights of another agent.
5. Fees and Payment
5.1You shall pay the Fees to us through such methods of payment as we deem appropriate. Such methods of payment will be displayed to you in the Customer management system, at the time you order the Services through an Order Form.
5.2The Fees shall become due and payable by you at the start of the Contract Term. In the event that a periodic payment method is chosen by you, a pro-rata portion of the Fee shall become due and payable at the start of each Credit Term.
5.3Subject to your payment of the Fee (or any instalment thereof) on or before it’s due date, your Account will be delivered with the number of Credits (or Listing Tokens, in case of a Listing Package) set forth in the Order Form at the beginning of your Credit Term.
5.4In order to secure your payment obligations (in respect of the total Fees), we may demand, and you shall provide within a period of fourteen (14) days from start of your Contract Term (or such other period that we determine), a cheque for an amount equivalent to the total Fee. However, we may, at our sole discretion, limit the access to your Account after seven (7) days
(ie., before the expiry of the fourteen (14) day period). Such cheque may be encashed by us, in the event that you default on your payment obligations (or any periodic instalment thereof). Any excess amount encashed by us (representing a value that you have already paid to us) shall be returned to you.
5.5During the Contract Term, you are permitted to purchase Top-Up Credits and Upgrade Credits by submitting a new Order Form, which is subject to acceptance by us.
- Upgrade Credits are considered to be an upgrade to your initial Credits package, and you shall receive (subject to payment being received by us) the Credits identified in your initial package as well as the Upgrade Credits which will be available during your Contract Term.
- Top-Up Credits are additional Credits bought via our Customer management system or an Order Form that must be activated within the Credit Term and will be accessible and usable by you during the Credit Term.
5.6In all instances of payments, you acknowledge and agree that you are liable for any charges levied by the bank(s) or the credit card clearance providers.
5.7You agree and acknowledge that it is your responsibility to submit adequate proof of payment (including any transaction reference numbers along with the unique identification number provided by us to you that may be required by us to reconcile the payment) to ensure there is no interruption in your Service.
5.8In the event of payment through inter-bank / intra-bank transfers, you acknowledge and agree that Credits will only be released once such payment is received into our account, and it is your responsibility to initiate payments on-time to to ensure there is no interruption in your Service.
6. Prices and Taxes
6.1We reserve the right to modify, from time to time, the prices for any Subscription, Credit, Credit Package, Listing Package, Product and/or Services. The Fee payable by you for your Credit Package and/or Listing Package shall not be modified by us during the Contract Term. However, you acknowledge and agree that the prices of any Upgrade Credits, Top-Up Credits, ad-hoc Products and Services that you purchase during the Contract Term is subject to change, and we may vary such prices at our sole discretion.
6.2You acknowledge and agree that the number of Credits applicable to Listings is dynamic in nature. Accordingly, you agree and acknowledge that the number of Credits deducted for a Listing and/or types of Listings, may be modified by us, at our sole discretion, during the Contract Term.
6.3As part of your Subscription, you may receive certain Products and Services free of cost. This is not guaranteed, and we reserve the right to charge you for such Products and Services, at our sole discretion. If a charge is levied by us, these Products and Services will be not be made available to you until we receive the corresponding payment.
6.4The prices offered by us are exclusive of any applicable taxes, and your Order Form will reflect the amount of taxes payable in respect of your Subscription. You agree that you will always be responsible for paying any taxes on respect of our Subscription.
6.5In the event that the Government of the Location elects to charge any taxes, including value added tax or other similar tax or duty on the provision, sale or supply of any goods and/or services which are the subject matter of your Contract (“Future Taxes”), then we reserve the right, at our sole discretion, or if required by law, to add Futures Taxes at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with your Contract from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such Future Taxes in addition to the Fee for such goods and services.
7. Limited Access, Suspension, Termination and Expiry
7.1Except as permitted by Applicable Laws, you have no right to terminate this Contract before the end of the Contract Term under any circumstances. Further, you are not permitted to downgrade your Subscription (or any components thereof, including your Credit Package) during the Contract Term, unless otherwise agreed in writing by us.
7.2We may, at our sole discretion, limit your access to your Account, in the event your Fee (or a component thereof) remains unpaid for a period of seven (7) days from the due date.
7.3We may, at our sole discretion, suspend your Account, in the event your Fee (or a component thereof) remains unpaid for a period of fourteen (14) days from the due date. In such case all your Listings, details of any property, agent, or other information, uploaded by you to our Platforms will be removed from our Platform, until the Fee which is due to us by you, is paid.
7.4If the access to your Account is limited by us or if your Account or Subscription is suspended for any reason during the Contract Term, you will still be liable to pay any Fees due to us regardless of you receiving the Services.
7.5We may, at our sole discretion, terminate your Subscription, in the event your Fee (or a component thereof) remains unpaid for a period of sixty (60) days from the due date.
7.6Upon termination of your Subscription, the entire unpaid balance of your Fee shall immediately become due and payable by you to us. We reserve the right to bring appropriate legal proceedings against you and your Affiliates (if applicable) to enforce your payment obligation.
7.7Upon termination of your Subscription, we may at our sole discretion, refuse to provide future Services to you or your Affiliates, unless (i) all amounts due and payable by you; and (ii) a penalty (that we in our sole discretion determine), is paid to us prior to entering into a new contract with you.
7.8Without limiting our rights, we may immediately (i) sanction you; (ii) suspend or limit the Service; (iii) remove from our Platforms your Listings, details of any property, agent, or other information, uploaded by you to our Platforms; (iv) terminate your Contract; and/or (v) impose a fine, claim damages and/or seek compensation from you (equivalent to, or greater than the total Fee payable by you to us under your Order Form(s), if:
- you fail to pay any Fees or charges due to us by the due date;
- you fail to provide, or fail to provide in a manner or for an amount deemed appropriate by us, any cheques to act as security for your payment obligations;
- you breach any part of your Contract and fail to rectify that breach within seven (7) days of us giving notice requiring rectification;
- you violate this Agreement (or any terms thereof);
- you fail to comply with any of the Content Quality Responsibilities;
- you engage in any unlawful actions while using or accessing our Services and the Platforms.
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
7.9If your Subscription has been suspended for any reason during the Contract Term, you will still be liable to pay any Fee/s due to us regardless of you receiving the Services.
7.10Following the expiry of the Contract Term, you may renew your Subscription by entering into a new contract, in which case you understand and agree that the terms and package (including the price for a Credit, Service or Product) may change.
7.11Upon the expiry of the Contract Term, unless you have renewed your Subscription by entering into a new contract with us, you agree and acknowledge that all Services will cease immediately, and all active Listings will immediately be taken down from our Platforms.
8.1You do not have a right to claim a refund of the Fee (or any component thereof).
8.2We will only offer a refund if a duplicate transaction is received by us. In such event, only the duplicate portion of the payment will be refunded. In such event, the duplicate portion of your payment will be refunded to you through your original mode of payment.
8.3In the cases of fraudulent or disputed transactions you should contact your bank or credit card provider.
9. Data Protection
9.1You consent to the storage and processing of your Content on the Platform. If we pass on details of Property Seekers and such details contain Personal Data (as defined by Data Protection Laws), you acknowledge that you will be the Controller (as defined by Data Protection Laws) of the copy such Personal Data and shall comply with applicable Data Protection laws.
9.2You warrant and represent that, if you provide us (directly or indirectly) with Personal Data relating to any individual, you shall have obtained that individual's consent to (i) process, use and store that Personal Data for the purpose of providing of the Services and (ii) transmit that Personal Data to us and other third parties (including to countries that do not maintain adequate data protection standards) to process, use and store for the purpose of providing the Services.
9.3Credit card and debit card details will not be stored, shared, rented or leased to any third parties.
10. Limitation of Liability
10.1We will not be liable under the Contract for any liability caused by:
- any breach of your obligations under your Contract; or
- any delay in performance or breach of your Contract which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Platforms.
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under your Order Form.
11.1You will indemnify, defend, protect, and hold harmless, us and our Affiliates and each of their respective directors, officers, employees, contractors and agents (each an “Indemnified Party”) to the fullest extent permitted by law, from and against any actual, alleged, threatened, pending or completed disputes, claims (including without limitation, claims by any third party, any governmental or regulatory agency), actions, investigations (each, a “Claim” and, collectively, “Claims”), damages (including punitive, special, consequential, indirect, exemplary or incidental damages), losses, reasonable attorneys’ fees, costs, expenses, and settlement amounts (each, a “Loss” and, collectively, “Losses”), whether or not well founded in law or fact, which arise out of or are directly or indirectly related to (i) your Contract; (ii) any inaccuracy, untruthfulness or the breach or alleged breach by you of any representation or warranty; (iii) the performance or non-performance by you of any obligations under your Contract: regardless of when the Loss occurs or the Claim is asserted, commenced or threatened.
12.1THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
13. Governing Law and Dispute Resolution
13.1Unless specified in your Order Form, by default, the Law governing your Contract and the dispute resolution mechanism, is as under:
- The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and interpreted in accordance with the laws of the Dubai International Financial Centre (DIFC). The Parties irrevocably submit to the exclusive jurisdiction of the Dubai International Financial Centre Courts.
- Notwithstanding Section 13.1(a), the enforcement of our rights arising out of or in connection with a cheque provided by you, or on your behalf (when such cheque is not honored by a bank in Dubai, for any reason) shall be governed by and interpreted in accordance with the laws of Dubai. In such event, the Parties irrevocably submit to the exclusive jurisdiction of the courts of Dubai.
13.2We may enforce our rights under the Contract through the Property Finder Contracting Entity or through any of our affiliates.
14. General Terms
14.1We may change this Agreement at any time on written notice. You acknowledge that our publishing of the amended version of this Agreement on our Platforms constitutes written notice to you of such changes. You are encouraged to frequently visit our website in order to be updated about the changes to this Agreement.
14.2We will not deal with or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctioned countries in accordance with Applicable Law.
14.3Notwithstanding anything to the contrary in this Agreement, we reserve the right to change the algorithm’s used in any Services or products and which may form part of your Contract, at any time during the Contract Term, at our sole discretion.
14.4We reserve the right to add any new products to the Services at any time. Your Contract will not include any such new products unless we both agree.
14.5No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
14.6Any notice/s must be sent by e-mail, prepaid post or delivery courier to your or our last known address, in the English language.
14.7You must not assign any part of the Service and/or your obligations set out in the Contract, without our prior written consent.
14.9If any term of the Contract becomes for any reason invalid or unenforceable under Applicable Law or by a court having jurisdiction over Applicable Law, then the validity and enforceability of the remainder will not be affected.
In this Agreement, the following definitions apply:
“Account” means the master or primary account in respect of your Subscription;
“Applicable Law(s)” means any law, statute, rule, regulation, code, decree, judgment, directive, by-law, order, guideline or other legislative measure (whether or not having the force of law but which, if not having the force of law, is generally complied with) of any government, statutory, regulatory, self-regulatory or similar body, authority or court, as amended, replaced, re-enacted, restated or reinterpreted from time to time;
“Brand” means the Property Finder brand and all Intellectual Property Rights owned or used by Property Finder;
“Content” means any and all content in respect of (i) a Listing, including all its details such as photographs, images, videos, prices, amenities, distances, plans etc.; (ii) your details, including the photographs and details of your employees, contractors, licensed agents and/or brokers; and (iii) your Intellectual Property Rights;
“Contract” means, your universal contract with Property Finder and includes your Order Form(s), this Agreement, and where applicable, Product Specific Terms and Conditions;
“Contract Term” means, the duration of the Contract, as specified in your Order Form;
“Credit(s)” means each pre-paid credit delivered to your Account, to be used by you to display your Listings;
“Credit Package” means the package of Credits purchased by you, to be delivered to your Account periodically or on a lumpsum basis;
“Credit Term” means the periodic cycle as specified in your Order Form, at the beginning of which, a pro rata portion of the Credits from your Credits Package are delivered to your Account, and by the end of which such Credits must be used by you to display a Listing;
“Customer Tier” means the segment or tier assigned by us to your Subscription, based on criteria that we determine and modify, from time to time, in our sole discretion. Your Customer Tier will be specified on your Order Form;
“Data Protection Laws” means those laws applicable to the collection and processing of personal data in relevant jurisdictions;
“Disqualifying Event” has the meaning set out in Section 4.3;
“Division Account” means the sub-account that is provided by us, at our sole discretion, to you in relation to your Subscription;
“Fee” means the total amount due to Property Finder by you under the Contract and specified in the Order Form, and which may be divided into periodic payments, all of which are payable by you to us, including upon termination of the Contract;
“Intellectual Property Rights” or “IP” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, trade names, logos, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Listing” means the Content in respect of a real estate property displayed by you on our Platforms;
“Listing Package” means the pre-determined number of Listings (whether ‘Standard’, ‘Featured’, ‘Premium’ or a combination thereof) ordered by you, as reflected in your Order Form;
“Listing Term” means the period during which your Listing will be displayed on our Platform; “Listing Token(s)” means, in case of a Listing Package, the number of Listings that can be displayed by you on our Platform, as specified in your Order Form;
“Location(s)” means the physical location identified on your Order Form or a location where we deem you have the right to promote your Listings;
“Mobile Application” means the mobile application developed and operated by Property Finder, including its regional releases;
“Order Form” means the order form indicating (i) the Services under your Subscription; (ii) the Fee payable by you; and (iii) other material terms relevant to your Subscription;
“Platform(s)” means the Mobile Application, Website and any other technological platforms or innovations used and/or operated by us to deliver the Services;
“Product(s)” means the technological innovation owned and developed by us to provide the Service (or a portion thereof) to you;
“Product Documentation” means the documentation containing the description and specification of each of the Services;
“Property Seeker(s)” means visitors or consumers who use the Platforms to browse, buy and/or rent real estate properties;
“Product Specific Terms and Conditions” means additional terms and conditions that relate to specific Product and/or Services and, in addition to this Agreement, apply to you and your Subscription;
“Service(s)” means the service(s) provided by Property Finder, as specified in your Order Form, and described in detail in the Product Documentation;
“Sole Agent Form” means a form approved by us and signed by the property owner or the property owner’s authorised representative granting you or your agent the exclusive right to market, rent or sell a specific real estate property;
“Sole Listing Rights” means the right to have a particular property advertised exclusively through you or your agent, as set out in a Sole Agent Form;
“Subscription” means your entitlement to the Service(s), subject to payment of the Fee and the terms of your Contract;
“Top-Up Credit” means any additional Credit(s) that you purchase within a Credit Term, to be activated and utilized during the Credit Term;
“Upgrade Credit” means an upgrade to your Credit Package which increases the Credits delivered to you (and the amount payable by you) during each Credit Term of the remaining Contract Term;
“User” means a legal person (i) who is authorized by you to use a Service; (ii) for whom you have ordered the Service; (iii) and to whom a user identification and password has been created by you, as part of your Subscription;
“User Account” means the sub-account that is created by you for your Users in relation to your Subscription;
“Website” means https://www.propertyfinder.ae, and includes all regional domains (ccTLDs) registered to Property Finder;
“we”, “our”, “us”, or “Property Finder” means the applicable Property Finder contracting party (see Section 15 below) and its affiliates, subsidiaries, holding company and their respective employees, officers, agents, and/or assigned parties;
“you”, “your”, or the “Customer” means you, who is either a licensed real estate broker or agent; or a licensed real estate brokerage firm, developer and/or hotel apartment provider, and subject to your Contract, a recipient of the Service(s);
“your Affiliates” means a company or any other legal person affiliated to you, including your affiliates, holding company, subsidiaries, branch office within your group, and includes their respective employees, officers, agents and permitted assigns.
15.2In respect of your Contract, the Property Finder Contracting Party, its address, the governing law and dispute resolution mechanism is dependent on the Location, and shall be as under:
|Location||Property Finder Contracting Party||Address||Governing Law||Governing Courts|
|UAE||Propertyfinder FZ-LLC||1505, Shatha Tower, Dubai Media City, PO Box 50954, Dubai, UAE||See Section 13 above||See Section 13 above|
|Arab Republic of Egypt||Propertyfinder Egypt LLC||Star Capital Building, 7 El-Mohandes Mohammed Hasan Helmy Street, 6th Floor, Mohandessin, Giza, Egypt||Laws of the Arab Republic of Egypt||Courts of the Arab Republic of Egypt|
|State of Qatar||PFQ Property Finder LLC||Office No. 1047, 10th Floor, Al Shoumoukh Towers, Tower B, C-Ring Road, Al Sadd, Doha, Qatar||Laws of the State of Qatar||Courts of the State of Qatar|
|Kingdom of Bahrain||PFB Bahrain W.L.L||MJ Tower 2, 7th Floor, Office 51, Building 943 Road 3620, Block 436, Seef District Manama, Bahrain||Laws of the Kingdom of Bahrain||Courts of the Kingdom of Bahrain|
|Kingdom of Saudi Arabia||Al Bahith Al Maoumati Co.||Office 723, 7th Floor, Gate E, Akaria Plaza, Olaya, Riyadh, KSA||Laws of the Kingdom of Saudi Arabia||Courts of the Kingdom of Saudi Arabia|
15.3You acknowledge and agree that Property Finder may, at its sole discretion and without your consent, assign its rights and obligations under your Contract to any member of the Property Finder Group.
Terms & Conditions for CRM Providers
we", "our", "us", “Propertyfinder” refers to Property Finder Egypt LLC trading as "Propertyfinder.eg" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Web site" refers to Propertyfinder.eg
"You", "Your" or refers to you as the CRM provider
"the Client" refers to the company using the CRM services to publish on Propertyfinder
“Terms” refers to these Terms & Conditions for CRM Providers
These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through providing CRM services through the Website.
The following are the standard terms and conditions that apply to all CRM providers for Propertyfinder clients.
Your obligations. In accessing or using our websites you agree that you will not
1.1Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage
1.2Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
1.3Act in violation of any Term of Use or other condition posed by us or any applicable law;
1.4Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorized by us
1.5Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
1.6Obscure or block correct data from being uploaded via Propertyfinder XML; or upload misleading or incorrect data via Propertyfinder XML
2. You acknowledge that:
2.1This Agreement is a separate agreement from the agreement between the client and Propertyfinder.
2.2You must ensure that the data sent by the client is in the correct Propertyfinder XML format, following the correct Propertyfinder XML specifications, is not corrupt and is valid data.
2.3You must ensure that the client validates all property listing permits, provided by any law, regulation, or otherwise, where such listing is being advertised, before feeding any listings to our Website. Such validation shall include, but is not limited to permit number and permit date being valid, as well as, the party listing the property being a match to the party that the permit was issued to. The Client shall not allow any properties to be fed to our website if the permit is invalid for any reason. Failure to comply with this clause may, in our discretion, result in such action as we feel necessary to cure the violation. Such may be the case, within our discretion, that the client is thereafter prohibited from providing any feeds to our Website.
2.4You must notify Propertyfinder immediately if you become aware that you have breached any of these requirements, any of the data transmission guidelines or any other requirement applicable pursuant to this Agreement in relation to data that you upload. When notifying Propertyfinder you must also provide a list of all subscribers and listings that are affected.
3. Important Note:
3.1The CRM provider should have a traceable record of performance within Egypt to link with our system and we reserve the right to refuse any provider that does not meet this requirement.
3.2You must be available to provide support to the clients using your service.
- The client must first contact you for support if they have any issues with transferring their property data to Propertyfinder.
- You must be available during Egypt business hours Sunday to Thursday to provide support to the clients using your service. For the purposes of this clause, “local business hours” means the hours of 9am to 6pm, Sunday to Thursday, in the place where your clients are located.
- You must check your data processing log files daily to ensure there are no technical problems preventing the transfer of property data to Propertyfinder.
4. Propertyfinder xml setup and functional specifications
4.1The Propertyfinder XML format specification will be provided to you. It is then your responsibility to ensure that your computer system is capable of generating the appropriate data files to be sent to Propertyfinder in the correct XML format.
4.2It is your responsibility to ensure that data is being transferred to the satisfaction of the client.
4.3Propertyfinder will provide you with the required technical support to highlight any incompatibilities in your feed and it is your responsibility to rectify the problem
4.4Propertyfinder will activate clients’ feed after receiving a written confirmation from the client with the feed link
5. Agreement Term, Suspension or Termination of Service
5.1This Agreement continues until terminated in accordance with the terms of these Terms.
5.2Unless otherwise stated in the Agreement, this Agreement shall have a Term of twelve (12) months from the start date as specified in this agreement
5.3Propertyfinder may terminate this Agreement by giving you 7 days written notice if you breach any provision of this Agreement and fail to rectify the breach within 7 days of being given a notice to rectify the breach.
5.4Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
5.5You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
6. Packages, Fees and Payment
6.1Full payment in advance is the only acceptable forms of payments associated with these Terms.
6.2We reserve the right to revise and amend these Terms at any time without notice. By continuing to provide CRM services via Propertyfinder XML, you are agreeing to be bound by this Agreement.
7. Limitation of Liability and Indemnity
7.1To the maximum extent allowable by Egypt law, Propertyfinder:
- Excludes all conditions and warranties that might otherwise be inferred into this Agreement, whether those warranties are express or implied
- Will not be liable to you for any consequential, special or indirect loss or damage (including, but not limited to loss of opportunity, loss of revenue and loss of profits)
- Limits its liability for breach of any non-excludable condition or warranty to, at its option, the greater of resupplying the Service or paying the cost of having the Service resupplied
- Limits its liability in respect of any other claim in connection with this Agreement, whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
7.2We will not be liable under this Agreement to the extent that liability is caused by any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
7.4We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with these Terms.
7.5We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
7.6Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
8.1Propertyfinder will deal with a contact person nominated by the client (“Technical Contact”) in relation to any technical difficulties experienced with the clients’ use of the Service. As of the agreement with the subscriber.
8.2The Service is designed to receive the Propertyfinder XML file sent by you, validate the data and then enter the valid data into the Propertyfinder database.
8.3Propertyfinder database is updated once per 30 minutes, which then updates the Propertyfinder website.
8.4No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
8.5You must not assign the Agreement without our written consent.
8.6The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
8.7The laws of Egypt apply.
8.8You submit to the exclusive jurisdiction of the Courts of Egypt.
8.9If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
8.10Check this page frequently to take notice of any changes we made, as they are binding on you. We may revise these Terms at any time by amending this page. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available on the website.
PF Expert MASTER TERMS and CONDITIONS
These Master Terms and Conditions (hereinafter “Master Terms”) govern your subscription to and/or use of our Services.
They are effective between you and us as of the date when you start using the Services or the date you accept these Master Terms, whichever is earlier.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Authorized User” means those employees of the Client who are authorized by the Client to use the Services as described in these Master Terms.
“Content” means information obtained by us from publicly available sources or third-party content providers and made available to you through the Services, beta services or pursuant to an Order Form.
“Contract” means the Order Form, these Master Terms, and the DPA, together.
“Data” means electronic data and information submitted by you, excluding content and non-PF Expert applications.
“Data Protection Agreement” hereinafter “DPA” shall be a reference to the document found at the following link and made a part of these Master Terms pursuant to Clause 13.2 herein.
“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
“Order Form” means an ordering document, in physical or online form, specifying the Services to be provided hereunder via PF Expert or any associated offline or mobile components, that is entered into between you and us.
“Services” means the services, including all services in connection with or relating to PF Expert, made available online by us to the Users, as set out and confirmed by you under an Order Form, and where relevant corresponding to the country in which you are transacting to receive the services. You understand and agree that the services exclude content and applications that are not owned, licensed or operated by us.
“Start Date” shall mean the date provided on the Order Form outlining when the Contract shall commence.
“Term” shall have the meaning provided in clause 11.1(b) herein.
“User” means an individual who is authorized and permitted to use a Service, as an owner, operator, or authorized employer or individual of a subscribed user, who is subject to these Master Terms hereto. All Users will be accessing the Services through an account, purchased as a subscription, and to whom you (or, when applicable, us at your request) have supplied a User identification and password (for Services utilizing authentication). Users may include, for example, your employees, consultants, contractors and agents, and third parties with which you transact business. You are responsible that any party using your account or subscription is aware of and abides by all the provisions to the Terms of Conditions hereto.
“we”, “us”, “our”, “Property Finder” means Propertyfinder FZ-LLC and its subsidiaries, employees, officers, agents, affiliates, or assigned parties.
“you”, “your” or “Client” means you, a User, the company or other legal entity for which you are accepting these Master Terms, and Affiliates of that company or entity, which use the Services.
2.1Acceptance. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Order Form as follows: by placing your electronic signature on the Order Form; or by signing a hard copy of the Order Form.
2.2Authorization. If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are fully authorized to enter into the Contract.
2.3Contracted Parties. The Contract shall be between us and you and does not extend to cover any company or other legal person affiliated to you (including a subsidiary). No other company or legal person may use the Services under this Contract and must enter into a separate Contract with us.
2.4Conflict of Terms. In the event of any conflict between these Master Terms and the Order Form, these Master Terms shall prevail.
3. USE OF SERVICES AND CONTENT
3.1Subscriptions. Unless otherwise provided in the applicable Order Form, Services and access to all Content are purchased on a subscription basis per user. You acknowledge and agree that you have read, understood and agree to these Master Terms when placing your electronic signature on an online Order Form or by signing a hard copy Order Form. We reserve the right to reject any Order Form to provide the Services at our absolute discretion including but not limited where we believe that you do not comply with these Master Terms. Any free services are provided by us, at our sole discretion, for the duration and under the conditions we determine from time to time. Additional subscriptions may be added via a new Order Form during a subscription term as an add on to the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the additional subscriptions are added. Any added subscriptions will terminate on the same date as the underlying subscription. All pricing of subscriptions is subject to an Order Form presented by us.
3.2User Names and Passwords. Acting in our sole discretion, we shall issue a username for an Authorized User, based on the number of users outlined in the Order Form. A username shall only be issued by us upon receipt of a valid email address for the Authorized User provided that: usernames shall not be issued for general email addresses that are not specific to an individual; and usernames shall not be issued for email addresses that are not related to the Client's email address. The Client shall, and shall procure that each Authorized User, keep a username and password for the use of the Services secure and confidential and shall not reveal the username and password to any other person, and shall not share login credentials with any other person, regardless of whether such person is an employee of the Client's company or not. The Client acknowledges and agrees that the Client shall be wholly responsible for all activities that occur through the use of the Client and/or the Authorized User's usernames and passwords. The Client shall immediately notify us of any unauthorized use of the usernames and/or passwords.
4.1Our Responsibilities. We will make the Services and Content available to you pursuant to these Master Terms and the applicable Order Forms, as well as provide applicable PF Expert standard support for the Services outlined on your Order form, and use commercially reasonable efforts to make the online Services available, except for: (i) planned downtime (of which we shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond our reasonable control, including but not limited to, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving our employees), pandemic or epidemic, Internet service provider or other utilities provider failure or delay, denial of service attack, or other technical difficulties.
4.2Your Responsibilities. You shall be responsible for: compliance with these Master Terms and your applicable Order Forms; the accuracy, quality and legality of any and all Data imported or submitted to PF Expert or any of its Affiliates; the means by which you acquired your Data shall be through legal means and avenues; compliance with the DPA; using your best efforts to prevent unauthorized access to or use of your account, subscription, or these Services and Content provided by PF Expert or any of its Affiliates. You shall notify us promptly if there is any such unauthorized access or use; and comply with all applicable laws and government regulations when it comes to the use of the Services. You shall not be permitted to do the following: Make any of the Services or Content of ours or its Affiliates available to, or use any of Services or Content of ours or our Affiliates for the benefit of, anyone other than you unless expressly stated otherwise in an Order Form; Sell, resell, license, sublicense, distribute, make available, rent, lease, transfer, or make available any Service or the Content of ours or our Affiliates, or include any Service or Content of ours or our Affiliates in any service bureau or outsourcing offering; Use any Service of ours or our Affiliates to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of any third-party privacy rights; Use any Service of ours or our or its Affiliates to store or transmit Malicious Code; Interfere with or disrupt the integrity or performance of any Service of ours or our Affiliates or third-party Data contained therein; Attempt to gain unauthorized access to any Services or Content of ours or our Affiliates or any its related systems or networks; Authorize any direct or indirect access to or use of your account or subscription or any Service or Content of ours or our Affiliates in a way that circumvents a contractual usage limit set out in the relevant Order Form, or use any of our Services to access or use any of our intellectual property except as permitted under these Master Terms or in an Order Form between you and us; Copy or reverse engineer any Service provided by us or our Affiliates or any part, feature, function or user interface thereof; Copy any Content of ours or our Affiliates; Frame or mirror any part of any Service or the Content of ours or our Affiliates, other than framing on your own intranets, account, subscription or otherwise for your own internal business purposes; Access any Service or Content of ours or our Affiliates in order to build a competitive product or service or to benchmark with a non-PF Expert product or service; or allow any third-party to directly or indirectly access your account or subscription thereby allowing them to do the same.
4.3Removal of Content. If we are required by a third-party to remove Content or Data, receive information that Content or Data provided to or by you may violate applicable law or third-party rights, or receive a data subject request under an applicable data protection regulation, then we may so notify you and in such event, you shall be required to promptly remove such Content or Data from your PF Expert systems and/or account. If you do not take immediate required action in accordance with the above, we reserve the right to disable the applicable Content, Data, or your further use of the Services of us or our Affiliates until the potential violation is resolved, and that we are satisfied of the same.
5. FEES AND PAYMENT
We reserve the right, in our sole discretion, to charge a fee for the Services. To the extent applicable, the Services will not be activated until full payment has been provided whether in cash, credit card payments, or postdated cheques or other forms of payment as stipulated by an Order Form and in our sole discretion. You are liable for the costs incurred on all accepted Order Forms from the Start Date of each Order Form, which is specified within such Order Form or if no such date is specified from the date of acceptance of that Order Form, (which will be the date of signature) if nothing is stated in the Order Form.
If you have elected to pay via credit card, then please note that the service shall only become activated once the first payment or the sole payment (in the event of a lump sum payment upon the Contract) has been received by us.
If payment via credit card on a monthly basis was elected, then you shall be required to provide us with a security cheque at our direction and discretion. The security cheque shall be provided by you, within twenty-one (21) days of your acceptance of each Order Form. Failure to provide the security cheque(s) will result in the suspension of the Service, until such time that the security cheque(s) is provided to us.
In the event that any of the monthly fee owed by you pursuant to an invoice from us is successfully charged against your credit card then we reserve the right to present and cash any security cheque held by us. Please note that if the outstanding balance due towards the Order Forms is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the Order Forms.
Please note that if any invoiced amount is not received by us by the due date, then without limiting our rights or remedies, those charges may accrue interest at the rate of 1% per month of the outstanding balance.
Please note any cheque issued by you that “bounces” due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) calendar days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
The current Fees for the Service are specified in your Order Form. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but, switching or additions of special conditions to packages is at our sole discretion. If you wish to change your package during your Order Form then we reserve the right to amend any such terms in the Order Form including but not limited to the Fees.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features. The fees are paid in consideration of the Services and Contents provided on an “as is” basis as set out in section 8.2 below.
We reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such goods and/or services to any invoices issued under or in connection with these Terms from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the purchase price for such goods and services.
If your access to the Services has been suspended for any reason during the term of your Order Form you will still be liable to pay any Fee due to us regardless of you receiving the Services.
If your access to the Services has been terminated for any reason during the term of your Order Form, then you shall be bound to all payments due under any applicable Order Form up to the point of termination.
We reserve the right to amend any terms in an Order Form, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment.
We shall notify you in writing of any amendments related to fees. For Contracts that automatically renew pursuant to clause 11.1(d) herein, all fee related amendments shall apply to the renewed Contract from the Start Date of the renewed Term.
6. PROPRIETARY RIGHTS AND LICENSES
6.1Reservation of Rights. Subject to the limited rights expressly granted hereunder, we and our licensors and content providers reserve all of our/their rights, title and interest in and to the Services and Content of Property Finder and its Affiliates, including all of our/their related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
6.2Access to and Use of Services and Content. You have the non-exclusive, non-transferable right to access and use applicable Services and Content subject to the terms of the relevant Order Forms and these Master Terms. You acknowledge that all intellectual property rights in the Services and the Content throughout the world belong to or are licensed to us, that rights in the Services and Content are licensed to you, subject to a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license, and that you have no rights in, or to, the Services and the Content other than the right to use them in accordance with the terms of this License. You acknowledge that you have no right to have access to the Services in source code form or in unlocked coding.
6.3License to Host Your Data and Applications. You hereby grant us a worldwide, limited-term, royalty-free license to host and broadcast your Data as you designate via use of the Service, including any program code created by or for you using our Services, as reasonably necessary for us to provide the Services in accordance with these Master Terms.
6.4License to Data. You hereby grant us a worldwide, irrevocable, royalty-free license to the Data that you import, upload, or make part of the Services, including the PF Expert system. Such license shall exclude all Personal Data, which will be governed by the DPA.
6.5License to Use Feedback. You grant to us and our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our and/or our Affiliates' Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you or users relating to the operation of our or our Affiliates' Services.
We do not knowingly collect or otherwise process personal information from anyone under 18 years of age, or otherwise not capable of entering into contracts under applicable law. You understand and agree that anyone under 18 years of age, or otherwise not capable of entering into contracts under applicable law, are not permitted to use our Services.
8.1Representations. You represent that you have validly entered into these Master Terms and have the legal power to do so. If you do not, then you are not permitted to enter into these Master Terms and to use the Services and Content of Property Finder and its Affiliates, and should terminate use thereof effective immediately.
8.2Disclaimers. Except as expressly provided herein, we do not make any warranty of any kind, whether express, implied, statutory or otherwise, and specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Content and beta services are provided “as is,” exclusive of any warranty whatsoever, including without limitation warranty for the accuracy and completeness of the Services, Content, any information, text, graphics, links or other items contained in the Services or Content. We disclaim all liability and indemnification obligations for any harm or damages caused by any third-party hosting providers, transmission of a computer virus, worm, time bomb or other such computer program.
9.1Indemnification by You. You hereby agree to defend us against any claim, demand, suit or proceeding made or brought against us (or against you and by which we are a named party) by a third party alleging that any of your Data infringes or misappropriates such third party's intellectual property rights or applicable data protection regulations, or arising from your use of the Services or Content in violation of these Master Terms, the DPA, any Order Forms, or pursuant to any applicable laws (each a “Claim Against Us”), and you will indemnify us from any and all claims, actions, suits, demands, damages, liabilities, losses, costs, and expenses, including but not limited to attorney fees and disbursements, that are awarded against us as a result of, or for any amounts paid by you or us under a settlement approved by you in writing of, a Claim Against Us (or against you and by which we are a named party), provided however that we: (a) promptly provide you with written notice of the Claim Against Us (except if the claim is a claim against you by which we are a named party); (b) give you sole control of the defence and settlement of the Claim Against Us (except that you may not settle any Claim Against us unless it unconditionally releases us of all liability and further actions, suits, or claims), and (c) give you all reasonable assistance, at your sole expense.
10. LIMITATION OF LIABILITY
10.1Limitation of Liability. In no event shall our, or our Affiliates', aggregate liability arising out of or in connection with these Master Terms or the DPA, exceed the total amount of fees paid by you for such Services that gave rise to the liability in the twelve months preceding the first incident out of which the liability arose. The aforementioned limitation will apply whether an action is in contract or tort, and regardless of the theory of liability brought forth, but will not, however, limit your payment obligations under the “Fees and Payments” section herein these Master Terms.
10.2Exclusion of Consequential and Related Damages. In no event shall Property Finder or its Affiliates have any liability arising out of or related to these Master Terms and the DPA for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, regardless of whether an action is in contract or tort, and regardless of the theory of liability, even if your remedy otherwise fails as to its essential purpose. This disclaimer shall not apply to the extent that law prohibits it.
11. TERM AND TERMINATION
11.1Term and Termination. These Master Terms commence on the date you start using the Services or the date of Acceptance (whichever is earlier) and continues until all your subscriptions hereunder have expired or have been terminated by us and subject to the following: Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstance. Unless otherwise expressly stated in the Contract or terminated earlier in accordance with its terms, the term of your Contract will commence on the Start Date specified in the Order Form and continue for the period outlined on such Order Form (“Term”); The Contract renewal type shall be outlined on the Order Form. Renewal types specified as “evergreen” or “automatic renewal” shall automatically renew at the end of the Term for an additional period equal to the Term of this Contract. In order to opt out of the automatic renewal of the Contract, you must provide a written notice at least 30 calendar days in advance of the end of the Term, which clearly formalizes this decision. Following the expiry of the Term, your contract will expire unless you renew your Contract with us, in which case the terms and package may be subject to changes. We may terminate this contract at any time for any reason provided that seven (7) days' written notice has been provided to you. Should you continue to use the Service following termination of the contract, you shall remain liable for any and all costs incurred by you as is outlined in the applicable Order Forms and outlined by these Master Terms.
Without limiting our other rights, we may, within our discretion, immediately sanction you, or suspend or limit the Service and/or temporarily remove details of any Data, uploaded by you and/or terminate this Contract if: you fail to pay any fees, charges, or taxes due to us by the due date, or provide any security cheques as stipulated in the Contract; you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification; in our sole judgment, you threaten the security, integrity, or availability of our Services; any material supplied by you is false, misleading, offensive, or against public policy; any material supplied by you is unlawful or violates any copyrights, trademarks, or other intellectual property rights of any third party; you have engaged in any unlawful actions while using or accessing our Services or Content shall be subject to sanctions and limitations as determined in our discretion; you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
11.2Your Data Portability and Deletion. Upon written request by you made within 15 days after the effective date of termination or expiration of these Master Terms, we will make your Data available to you for export or download. As mentioned herein these Master Terms, such Data may become unavailable after 30 days, as a result of the closing of your account. After such 30-day period, we will have no obligation to maintain or provide any of your Data.
11.3Surviving Provisions. The following clauses and provisions shall remain in full force and effect after the termination or expiration of these Master Terms: 3.2, 4.2, 5, 6, 8, 9, 10, 11.3, 12, 13, and the DPA.
12.1Manner of Giving Notice. Except as otherwise specified in these Master Terms, all notices related to these Master Terms will be in writing and will be effective upon (a) personal delivery, (b) mailing or courier service by which the recipient signs for upon receiving such notice and (c) delivery by electronic mail.
13. GENERAL PROVISIONS
13.1Incorporation by Reference. The provisions of the DPA form an integral part of this Contract and are incorporated herein by reference with the same force and effect as though fully set forth herein. In the event of any inconsistency between any provision of the DPA and the remainder of these master Terms, the text of the DPA shall be deemed to control.
13.2Entire Agreement. These Master Terms, your Order Form, and the DPA constitute the sole and entire agreement between you and us regarding your use of our Services and Content and supersedes all prior and contemporaneous agreements, proposals or representations, whether written or oral, concerning its subject matter.
13.3Amendment. We may change these Master Terms at any time on written notice. You acknowledge that our publishing of the amended version of the Master Terms at this link on our website constitutes written notice to you of such changes. No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
13.4Assignment. You may not assign any part of the Service and/or your obligations set out in the Contract without our prior written consent.
13.5Relationship of the Parties. The parties are independent contractors. These Master Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties..
13.6Third-Party Beneficiaries. There are no third-party beneficiaries under these Master Terms.
13.7Waiver. No failure or delay by either party in exercising any right under these Master Terms will constitute a waiver of that right.
13.8Severability. If any provision of these Master Terms or the DPA is/are held by a court of competent jurisdiction to be contrary to the law, or deemed invalid, then that specific provision will be deemed null and void, but the remaining such provisions shall remain in full force and effect.
13.9Governing Law and Jurisdiction. These Master Terms and any non-contractual obligations arising in connection with these Master Terms and your access to and use of the Services and Content shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC) in the Emirate of Dubai, United Arab Emirates. You agree to submit to the exclusive jurisdiction of the Courts of the DIFC.