1. TERMS
   1. In these terms and conditions for users (“Terms of Use”) the terms “we”, “our”, “us” means Propertyfinder FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
   2. “Website” refers to propertyfinder.qa.
   3. By accessing and using this Website, you are agreeing to be bound by the Website’s Terms of Use and the Privacy Policy (together the “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, your sole option is to immediately cease your use of this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
   4. You 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.
   5. These 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
   1. Permission 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:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the Website;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or “mirror” the materials on any other server.
   2. In accessing or using our Website you irrevocably agree and undertake to ensure that you will not:
      1. use any automated device, software process or means to access, retrieve, scrape, or index our Website or any content on our Website;
      2. use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website;
      3. 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;
      4. use or index any content or data on our Website for purposes of:
         1. constructing or populating a searchable database of properties,
         2. building a database of property information; or
         3. competing with us in any manner that we have not specifically authorised;
      5. transmit spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
      6. 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;
      7. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
      8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
      9. act in violation of any such terms or other condition posed by us or any applicable law;
      10. 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
      11. transmit or attempt to transmit any computer viruses, worms, defects or other items of a destructive manner.
   3. We 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.
   4. This 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
   1. We 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.
   2. Details 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. You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
   4. You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
   5. You are responsible for ensuring that you act in good faith towards any other parties.
   6. You represent and warrant that your use of our Website will comply at all times with these Terms of Use and any further terms that may apply to you in relation to your use of our Website, including all amendments and revisions to these Terms in accordance with Clause 8 herein;
4. LIMITATIONS
   1. In 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.
   2. We will not be liable for any loss or damage arising under or in connection with:
      1. any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
      2. 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;
      3. the use of, or inability to use, our Website;
      4. the reliance on any content or information displayed on our Website;
      5. any direct, consequential, special or punitive loss, damage, costs and expenses;
      6. loss of profit;
      7. loss of business;
      8. loss of reputation;
      9. depletion of goodwill; or
      10. loss of, damage to or corruption of data.
   3. Unless we otherwise expressly agree in writing, you agree not to use our Website for any commercial or business purposes.
   4. We 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.
   5. If 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.
8. SITE TERMS OF USE MODIFICATIONS
   • We may revise these Terms of Use and any such Terms for the Website at any time without notice. By using this Website you are agreeing to be bound by the Terms of Use.
9. CONTRIBUTIONS
   1. In these Terms of Use “Contributions” means any information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on our Website.
   2. We 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:
      1. those Contributions are in breach of any law or regulation;
      2. those Contributions infringe the intellectual property rights of any third party;
      3. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
      4. those Contributions;
         1. misleading or deceptive;
         2. inappropriate having regard to the purpose of our Website;
         3. likely to cause offence;
         4. materially incorrect;
         5. obscene;
         6. defamatory;
         7. otherwise unlawful and/or against the customs or norms of the region in which this Website is referred too; or
         8. corrupted, due to the presence of a virus or other disabling code.
   3. To 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.
   4. You 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:
      1. you own and control all of the rights to the Contributions; or
      2. you have the lawful right including all necessary licences, rights, consents and permissions to use and authorise us to display the Contributions.
   5. For any Contributions that you may retain moral rights in, you declare that:
      1. 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
      2. 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.
   6. You represent and warrant that:
      1. you have the lawful right including all necessary licenses, rights, consents and permissions to use and authorise us to display your Contributions;
      2. 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
      3. you will not make any Contributions that:
         1. are misleading;
         2. are deceptive;
         3. are materially incorrect;
         4. are likely to cause offence;
         5. directly or indirectly involve the advertising or marketing of any products or services;
         6. are obscene, including pornographic, hateful, racially or ethnically offensive material;
         7. are defamatory;
         8. are otherwise unlawful or encourage unlawful conduct; or
         9. are otherwise inappropriate having regard to the purpose of our Website.
10. INTELLECTUAL PROPERTY
    1. Unless 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.
    2. We, 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.
    3. Our 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.
    4. Access to this Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.
11. ELECTRONIC COMMUNICATIONS
    1. When 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. INDEMNITY
    1. You 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.
13. DISCLAIMER
    • 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
    1. These Terms of Use and your access to the Website is subject to and governed by the laws of the State of Qatar. You agree to submit to the exclusive jurisdiction of the Courts of the State of Qatar.
    2. If 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
    1. Propertyfinder.qa 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.ae 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 info@propertyfinder.qa.

If you have any queries, complaints or recommendations about these Terms of Use, please contact us at the following address: info@propertyfinder.qa

This 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 or sign an Order Form incorporating this Agreement  (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. Our Services are designed to help your business. We are committed to an agency business model, and we will never pursue business models that compete with you by assuming the role of a real estate broker or agent. Neither will we directly or indirectly, solicit, interfere with, or otherwise seek to establish an employment relationship with your real estate brokers or agents outside of the scope of the Services provided under this Agreement.
   2. Our commitment regarding your data and your clients. We want Property Finder to be a place where you can grow your business with confidence. So when we bring a technology partner onto our Platforms to offer a service to you or your clients, we ask that partner to commit to a simple good-faith principle: the data you share about your clients while using that service is for that specific service only, and not for other purposes. It should not be used to compete with you, to win your clients away, or to go around you on future business. We believe in this principle, and we hold our partners accountable to this principle. Today this principle applies to our “rent now, pay later” partners.
   3. The 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.
   4. Your 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.
   5. You 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.
   6. There 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:
      1. 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. 
      2. you will (prior to the commencement of your Contract) provide us a copy of the relevant Government Identity issued to you.
      3. you and the company or legal person are jointly and severally liable in respect of all the obligations under your Contract.
   7. We reserve the right to reject any Order Form or refuse to provide any Service at our absolute discretion, including if:
      1. you are not a licensed real estate agent, broker, developer or hotel apartment provider;
      2. you do not have the authority to act on behalf of the owner of a property for which Listings are published. 
      3. you are not in compliance with Applicable Law.
2. Your Responsibilities
   1. You warrant and represent that you will:
      1. only create Listings for properties that are available to buy or rent;
      2. identify all lead(s) received from us to your agents, your Affiliates and your Users as being received from Property Finder, and you will not combine, mix or associate a lead received from Property Finder with or in a pool of leads that you have received from a third party platform or CRM;
      3. be the holder of a valid license as a real estate broker, hotel apartment or real estate developer in the Location;
      4. 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;
      5. 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;
      6. comply with and abide by all Applicable Laws, including circulars and guidelines concerned with real estate, or the subject matter of your Contract;
      7. 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;
      8. publish only one (1) Listing for a particular property (including through your Affiliates);
      9. 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;
      10. 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;
      11. not misuse or corrupt (or allow to be misused or corrupted) any of the Services provided to you;
      12. 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;
      13. ensure that only your authorized persons have access to the Services;
      14. provide Content in a format compatible with any technical specifications issued by us from time to time;
      15. 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);
      16. 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;
      17. act in a manner that is consistent and compliant with Data Protection Laws and our Privacy Policy.
   2. You acknowledge and agree that:
      1. you have read and agree to be bound by the terms of all legal notices posted on the Platforms, including our Privacy Policy and our Cookie Policy;
      2. 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, to provide the Services, create suitable algorithms/products necessary to improve the Services and/or for general analytical purposes. 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;
      3. 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;
      4. you are responsible for, and must pay the cost of, all telecommunications and Internet access charges incurred when using our Platforms;
      5. you are responsible for the security and integrity of your Content and data generally;
      6. transmission of data over the Internet can be subject to errors and delays;
      7. 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;
      8. we may immediately remove a Listing that is subject to the Sole Listing Rights of another agent;
      9. 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;
      10. 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;
      11. 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.
      12. if you access or use any Application Programming Interfaces (“APIs”) made available by us, you shall do so in full compliance with our API Access Terms, as published and updated from time to time on our Website (the “API Access Terms”). You shall also ensure that any third party accessing or using (directly or indirectly) the APIs on your behalf (including but not limited to, your Users, your CRM providers, system integrators, or other service providers engaged by you) complies with the API Access Terms at all times. You shall be fully responsible and liable for any breach of the API Access Terms by your Users or by any third party acting on your behalf.
3. Content Quality Responsibilities
   1. You warrant and represent that your Content and Listing:
      1. 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;
      2. does not, in any manner, infringe our Intellectual Property Rights or the Intellectual Property Rights of any third party;
      3. 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;
      4. complies, and will continue to comply, with any guidelines we issue from time to time;
      5. complies, and will continue to comply, with any Listing requirements defined by us;
      6. 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;
      7. does not directly or indirectly involve advertising or marketing anything other than a particular property; and
      8. does not violate the terms, policies or agreements of third parties, including but not limited to our third-party service provider’s terms of use.
   2. You acknowledge and agree that:
      1. 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;
      2. 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;
      3. 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
      4. 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
   1. For you to use a Credit or Listing Token towards a Listing you must:
      1. be registered as an “Administrator” or “Agent” in our Customer management system;
      2. have sufficient Credits in your Account (to be utilized within the Credit Term); and
      3. upload a Listing via our Customer management system.
   2. You acknowledge and agree that:
      1. we do not, in any manner, promise or guarantee any leads or minimum number of leads or impressions;
      2. if we do provide you with any leads, you undertake to always properly identify this to your agents, your Affiliates and your Users as a lead(s) received from Property Finder;
      3. 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.
      4. any loss of a Credit that results from a Disqualifying Event shall not qualify for a refund or compensation of any kind.
      5. once a Listing Request has been accepted, you cannot pause the Service or utilize such Credits for another Listing;
      6. 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;
      7. 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.
      8. 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.
      9. 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.
   3. Without 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:
      1. the details of the real estate property in a Listing, are inaccurate or misleading or if the property is unavailable for any reason;
      2. you fail to properly identify a lead(s) as being received from Property Finder and/or you combine, mix or associate a lead received from Property Finder with or in a pool of leads that you have received from a third party platform or CRM;
      3. the property set out in the Listing has been sold, rented or foreclosed upon, or is going under offer;
      4. failure of the Listing to satisfy the Listing requirements defined by us;
      5. 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
      6. the Listing is subject to the Sole Listing Rights of another agent.
5. Fees and Payment
   1. You 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.
   2. The 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.
   3. Subject 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.
   4. In order to secure all your payment obligations, we may demand, and you shall provide within a period of seven (7) 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 five (5) days (ie., before the expiry of the seven (7) day period).
      1. In the event that you fail to fulfill any of your payment obligations to us, we shall be entitled to present such cheque to the bank for encashment. In such case, we will recover the entire Fee due to us by you, including any fines levied by us in respect such non-payment. Any excess amount encashed by us shall be returned to you.
      2. In the event the cheque bounces for whatever reason, we shall have the right to claim the value of the cheque in accordance with applicable Laws (for example, Law of the United Arab Emirates, if your Contract is based in the United Arab Emirates), and you shall not dispute our right in any way, including but not limited to any subjective dispute, commercial dispute etc.
   5. During 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.
      1. 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.
      2. 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.
   6. In 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.
   7. You 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.
   8. In 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 ensure there is no interruption in your Service.
   9. You are required to present a cheque for the entire contract amount (total Fees) in addition to any additional fees and/or fines that we determine. The cheque shall not include any word or indication that prevents its encashment, or limits our legal rights to collect its value under the Laws in force (for example, under the Laws of the United Arab Emirates, if your Contract is based in the United Arab Emirates). If this happens, your liability to us will fully remain for the entire value of the cheque, in addition to the fees and fines that we determine. We shall have the right to take any legal action we deem appropriate to protect our rights (including our financial rights against your payment obligations to us) under applicable Laws and procedures, and you shall dispute such right in any manner. The signatory and the Customer hereby authorize Property Finder to apply and settle any payments due under the Order Form using any cheques previously provided by the Customer to Property Finder, regardless of the purchase order numbers, order form numbers, or prior agreements to which such cheques may originally have related.
6. Prices and Taxes
   1. We 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.
   2. You 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.
   3. As 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.
   4. The 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.
   5. In 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
   1. Except 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.
   2. We 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 three (3) days from the due date.
   3. We may, at our sole discretion, suspend your Account, in the event your Fee (or a component thereof) remains unpaid for a period of seven (7) 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.
   4. If 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.
   5. We 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.
   6. Upon 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. Upon 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.
   8. Without 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:
      1. you fail to pay any Fees or charges due to us by the due date;
      2. you fail to present or provide, any cheques referenced in clause 5.4;
      3. you breach any part of your Contract and fail to rectify that breach within seven (7) days of us giving notice requiring rectification;
      4. you violate this Agreement (or any terms thereof);
      5. you fail to comply with any of the Content Quality Responsibilities;
      6. you fail to properly identify a lead(s) as being received from Property Finder and/or you combine, mix or associate a lead received from Property Finder with or in a pool of leads that you have received from a third party platform or CRM;
      7. you engage in any unlawful actions while using or accessing our Services and the Platforms.
      8. 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
      9. 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.
   9. If your Subscription has been suspended and/or terminated 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.
   10. Following 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.
   11. Upon 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. Refund
   1. You do not have a right to claim a refund of the Fee (or any component thereof).
   2. We 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.
   3. In the cases of fraudulent or disputed transactions you should contact your bank or credit card provider.
9. Data Protection
   1. You 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.
   2. You 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.
   3. Credit card and debit card details will not be stored, shared, rented or leased to any third parties.
10. Limitation of Liability
    1. We will not be liable under the Contract for any liability caused by:
       1. any breach of your obligations under your Contract; or
       2. 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.
    2. We specifically:
       1. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
       2. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
          1. resupplying the Service; or
          2. paying the cost of having the Service resupplied; and
       3. 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. Indemnification
    1. You 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. Disclaimers
    1. THE 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
    1. Unless specified in your Order Form, and if your Order Form is for our services in the UAE, by default, the Law governing your Contract and the dispute resolution mechanism, is as under:
       1. 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 United Arab Emirates. The Parties irrevocably submit to the exclusive jurisdiction of the courts of the United Arab Emirates.
       2. 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 the United Arab Emirates, for any reason) shall be governed by and interpreted in accordance with the laws of the United Arab Emirates. In such event, the Parties irrevocably submit to the exclusive jurisdiction of the courts of the United Arab Emirates.
    2. For all other Locations, please see the table set out in Section 15.2 below, to identify the Governing Law and Dispute Resolution mechanism.
    3. We may enforce our rights under the Contract through the Property Finder Contracting Entity or through any of our affiliates.  
14. General Terms
    1. We 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.
    2. We 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.
    3. Notwithstanding 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.
    4. We 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.
    5. 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.
    6. Any notice/s must be sent by e-mail, prepaid post or delivery courier to your or our last known address, in the English language.
    7. You must not assign any part of the Service and/or your obligations set out in the Contract, without our prior written consent.
    8. We treat all Personal Data in accordance with the Applicable Laws and our Privacy Policy.
    9. If 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.
    10. In case of a discrepancy between the Arabic and English versions of this Agreement, as published on our Platform, the Arabic version shall prevail.
15. Definitions
    1. 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(s)” 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.com, 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.
    2. In 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	As provided on the Order Form	See Section 13 above	See Section 13 above
       Arab Republic of Egypt	Propertyfinder Egypt LLC	As provided on the Order Form	Laws of the Arab Republic of Egypt	Courts of the Arab Republic of Egypt
       State of Qatar	PFQ Property Finder LLC	As provided on the Order Form	Laws of the State of Qatar	Courts of the State of Qatar
       Kingdom of Bahrain	PFB Bahrain W.L.L.	As provided on the Order Form	Laws of the Kingdom of Bahrain	Courts of the Kingdom of Bahrain
       Kingdom of Saudi Arabia	Property Finder Real Estate Company	As provided on the Order Form	Laws of the Kingdom of Saudi Arabia	Courts of the Kingdom of Saudi Arabia

    3. You acknowledge and agree that we may, at our sole discretion and without your consent, assign our rights and obligations under your Contract to any member of the Property Finder Group. In such case your obligations under your Contract will enure to the benefit of such member of the Property Finder Group.

1. Definitions
   • In these Terms, capitalized words have the meaning assigned to them under the Property Finder Customer Agreement, unless defined as follows:
   • “Beta Services” means services, features or functionality that we may make available to you to try, and which may be designated by us as a beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.
   • “Documentation” means the documentation and guides providing information about the functionality of the Service, the PF Expert Website and the PF Expert Application.
   • “PF Expert Application” means the mobile application developed and owned by us, through which you access and use the Service.
   • “PF Expert Website” means our website located at www.expert.propertyfinder.ae, and its regional domains (ccTLDs), through which you access and use the Service.
   • “Service” means the CRM software service, known as PF Expert, developed, owned and operated by us. 
   • “System” means collectively, the Service, any Beta Service, PF Expert Website, PF Expert Application and Documentation.
2. Grant of License
   • Upon your acceptance of these Terms, we grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited right and license to access and use the System during the Contract Term solely for the purposes of managing your business. No rights are granted to you other than as expressly set forth in these Terms.
   • You hereby grant us a worldwide, perpetual, royalty-free license to host, publish and broadcast your data and the Content, including in any program code created by or for you using our Services, as reasonably necessary for us to provide the Services in accordance with these Terms.
   • 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). 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.
3. Your Responsibilities and Obligations
   1. You are solely responsible for:
      • all activities occurring under your and your User’s Accounts.
      • creating secure, and maintaining the confidentiality of, your and your User’s passwords.
      • the Content and data submitted by you or your Users to and through the System.
      • setting, updating, protecting and modifying your profile and preferences for the System, and specifying the access rights of your Users to the System.
      • the access to and use of the Service by your employees and agents.
      • ensuring that all of your employees and agents using the System are properly trained and do not violate these Terms.
      • preventing unauthorized access to, or use of, the System, and notifying us promptly of any unauthorized use. 
      • complying with all Applicable Laws, including Data Protection Laws.
   2. You agree not to:
      • make the System available to, or otherwise show the System to, any third party, including by sharing your password and login credentials.
      • use any content and insights obtained through the System for any commercial purpose.
      • send spam or similar unsolicited messages.
      • send or store infringing, obscene, threatening, libelous, defamatory, or otherwise unlawful material.
      • install, send or store viruses or other harmful or malicious code, files, scripts, agents or programs.
      • interfere with or disrupt the integrity or performance of the System or our networks.
      • use the System to violate our Intellectual Property Rights or the  Intellectual Property Rights of any third party.
   3. You are solely responsible for securing, providing, maintaining, upgrading, and replacing all equipment, software, and services necessary to utilize the System (including, without limitation, internet connectivity, computers, tablets, and smart phones). We have no obligation or liability of any kind with respect to such equipment, software or services.
   4. If we are required by a third-party to remove Content or data, receive information or notification 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 System and/or Account. If you do not take immediate required action and resolve the issue, we reserve the right to disable the applicable Content, data, or your further use of the Services until the potential violation is resolved, and that we are satisfied of the same.
4. Our Responsibilities 
   1. We will make the Services and Content available to you pursuant to these Terms and your Contract, as well as provide applicable standard support for the Services. We shall 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.
5. Ownership of the System
   1. You acknowledge and agree that:
      • the System (including, without limitation, the software and technology incorporated in and underlying the System) is our sole and exclusive property.
      • subject to the limited rights expressly granted by these Terms, we reserve all right, title and interest in and to the System, including all related Intellectual Property Rights.
      • we are the sole and exclusive owners of all updates, improvements, enhancements, revisions, modifications, new releases and versions, fixes, patches, and derivative works of the System.
      • we are the sole and exclusive owners of all operator and user manuals, training materials, guides, listings, drawings, reports, descriptions, and specifications describing the performance, functionality, operation and use of such applications, and other supporting documentation related to the System, in whatever form recorded.
      • we are the sole and exclusive owners of all integrations, customizations, components, modules, workflows or other work product produced by us (whether alone or jointly with you) for you.
      • we are entitled to modify, change, and upgrade the functionality, features, and capabilities of the System and the underlying technical infrastructure, at our sole discretion.
      • we have the right to use the data generated, in aggregated form, from your use of the System to maintain, support, and improve the System, and for any other legal basis or purpose.
   2. You will not (and will not authorize any third party to):
      • license, sublicense, modify, copy, reproduce, redistribute, republish, rent, loan, lease, sell, resell, assign, distribute, grant a security interest in, transfer any right to, commercially exploit, create derivative works (including, without limitation, improvements, enhancements, revisions or modifications) based on, or infringe or violate, our  Intellectual Property Rights or other rights in, the System; 
      • decompile, disassemble, translate, reverse engineer or otherwise attempt to identify, reconstruct, derive or discover the source code (or the underlying ideas, user interface techniques, algorithms, structure or organization) of the System; 
      • remove or alter any identification, copyright, trademark, patent, or other proprietary notices, legends, symbols, or labels appearing in the System; 
      • directly or indirectly circumvent or violate the technical or security restrictions of the System; 
      • publicly disseminate performance information about or analysis of the System; 
      • access the System in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the System; 
      • use the System for any purpose other than as expressly authorized by us; 
      • take any action that would cause any part of the System to be placed in the public domain; or
      • challenge or threaten the validity of the Intellectual Property Rights belonging to us in respect of the System.
   3. If you or your User provides us any feedback or suggestions regarding the System (including Beta Services), then you grant us an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you or your User.
6. Beta Services
   1. From time-to-time during the Contract Term, we may make Beta Services available to you. You may try such Beta Services, subject to the additional terms and conditions made available by us.
7. Portability
   1. During the Contract Term, you will be permitted to export your Content via the Services; provided, that you acknowledge and agree that such ability to export may be limited by the System and the data retention settings enabled by you. Following the Contract Term, we shall have no obligation to maintain or provide any Content.
8. Fees and Payment
   1. 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 received by us.
   2. If a fee is payable by you for the Services, provisions regarding the payment method, timelines, defaults and delays will be governed by your Contract (including the Property Finder Customer Agreement).
9. Representations and Warranties
   1. You represent and warrant that:
      • you have the requisite power and authority to execute, deliver, and perform your obligations under these Terms.
      • your acceptance of these Terms has been authorized by all necessary actions on your part, and that these Terms are valid, binding and enforceable against you and the legal entity you represent.
10. Privacy Policy 
    1. All of the information that we collect from you is subject to our Privacy Policy and applicable Data Protection Laws. The Privacy Policy may be amended from time to time by us in our sole discretion, and is incorporated into and made part of these Terms.
11. General Terms
    1. All other provisions, including without limitation Content Quality Responsibilities, Credits and Listings, Prices and Taxes, Limited Access, Suspension, Termination and Expiry, Refund, Data Protection, Limitation of Liability, Indemnification, Disclaimers, Governing Law and Dispute Resolution shall be governed by your Contract (including the Property Finder Customer Agreement).

INTRODUCTION

Please read these terms and conditions carefully

By clicking “accept” you confirm that you are aged 18 years or over, and agree to be bound by these terms and conditions (the “Agreement”). If you are aged below 18, or do not agree to be bound by this Agreement, click “decline” or delete the Property Finder App (the “App”).

Who we are

The App is owned and operated by Propertyfinder FZ LLC (commercial registration number 16330) with registered office at office 1505 in Shatha Tower, Dubai Media City, Dubai, UAE (“we”, “us” and “our”).

About this Agreement

1. Part A sets out the end user license agreement (EULA) for your use of the App.
2. Part B governs how the services are offered via the App.
3. Part C sets out the general terms of the legal relationship between you and us.

Contact us

If you would like to learn more about the App or have any problems, questions or complaints, you may email us at apps@propertyfinder.qa.

Part A: End User License Agreement (EULA)

The App

The App is made available to you free of charge via the Apple App Store and Google Play Store. In order to download the App, you will need to agree separately with Apple’s or Google’s terms of use.

You may download, install and use the App on any mobile device running iOS (version 14.0 or above) or Android (version 5.0 or above)] operating system.

We will from time to time make available App updates to improve performance, fix bugs or errors, enhance functionality, reflect changes to the operating system or address security issues. We recommend that you install these updates, and in the case of major updates, the App and/or services may not function unless you install these major updates.

In consideration for you agreeing to comply with this Agreement, we grant you a non-transferable, non-exclusive license to use the App on your mobile device subject to this Agreement. We reserve all other rights.

Our responsibilities to you

We will only process your personal information in accordance with our Privacy Policy and our Cookies Policy. It is important that you carefully read the information set out in our Privacy Policy and our Cookies Policy.

We may improve or change the App user experience, but we cannot guarantee the App or the services will meet your expectations, nor the quality of the App or services, including fitness for any particular purpose.

We will use reasonable endeavours to make the App and the services available, but we cannot guarantee the App and the services will always be available, error-free or uninterrupted since this depends on a number of factors outside of our control, and there may be periods of downtime for maintenance and upgrade work from time to time.

We recommend that you maintain a stable internet connection in order for the App and services to function, but we will not be responsible or liable for any delays, failures, or any other loss or damage resulting from the transfer of data over the internet. As we do not control the security of the internet or other networks you use to access the App and services, we are not responsible for the security of information that you choose to communicate with us while it is being transmitted or for any data lost during transmission. You are solely responsible for obtaining and maintaining the security of your mobile device and other equipment that you use to access the App and services, and for paying for such mobile device, equipment and any telecommunications charges.

We will use reasonable endeavours to make available security protocols to protect the App, but we cannot guarantee the App will be free from viruses or vulnerabilities, nor will we correct any errors or deficiencies.

We will use reasonable endeavours, where reasonably practicable and lawfully permitted, to give you advance notice if we need to suspend or withdraw your access to the App if we believe there is any threat to the functionality, security, integrity or availability of the App.

We may make available third party content on the App, but we will not be responsible or liable for any such third party content nor any transaction between you and any third party. We recommend you refer to the terms and conditions (including the privacy policies) of those third parties.

We may need to make changes to the App and services as a result of any change or unavailability of third party content or any third party service provider. We will not be liable to you if we need to make changes to or cease making available any third party content.

Your responsibilities to us

You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner contrary to this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system.

You must not infringe our intellectual property rights or those of any third party (except to the extent your use of the App is expressly permitted by this Agreement).

You must not transmit any material that is (a) defamatory, offensive, unlawful or otherwise objectionable in relation to your use of the App; (b) against the customs or norms of the region in which this App is referred to; or (c) that includes prohibited content.

You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

You must not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.

You must not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person.

You must not copy the App, except as part of the normal use of the App or where it is reasonable necessary for a back-up purpose.

You must not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on mobile devices permitted by this Agreement.

You must not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.

If you choose, or you are provided with, a user login, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. We may disable any user login or password, whether chosen by you or allocated by us, at any time, if we believe you have failed to comply with any provision of this Agreement.

If you know or suspect that anyone other than you knows your user login or password, you must promptly notify us and change your account password.

If you install the App on any mobile device not owned by you, you must have the owner’s permission to do so. You will still be responsible for complying with this Agreement, whether or not you own the mobile device on which the App is installed.

Part B: Services

Your Property Finder Account

In order to use the App, you may register an account with us via the App. You must be an individual of at least 18 years of age.

All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We will not be responsible for any loss arising from your failure to do so. We may ask you at any time to confirm the accuracy of your information and provide additional supporting documents.

You may only use your Property Finder account for your own personal use and only for lawful purposes. You may not use your Property Finder account for fraudulent or other illegal activities, or to impersonate another person or in a manner harmful to us or our affiliates, other users or customers, or any other third party.

You may deactivate your Property Finder account and end this Agreement at any time by contacting us. You can also deactivate your account on iOS under the “My Account” tab. For Android, you can contact us at support@propertyfinder.qa to deactivate your account.

Our services

We are not an estate agency. We provide a service through the App 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. Other than to facilitate introductions between you and the relevant agent when you make an enquiry about a property, we do not get involved in any further communications between you and agents and we do not participate in any part of the transaction.

Details 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.

You are responsible for:

1. checking, confirming and satisfying yourself as to the accuracy of any Details;
2. instructing a surveyor and/or obtaining legal advice before committing to any purchase; and
3. ensuring that you act in good faith towards any other parties.

You represent and warrant that your use of the App will comply at all times with these Terms of Use and any further terms that may apply to you in relation to your use of the App including all amendments and revisions to these Terms in accordance with Clause 4 (Changes to the Agreement) herein.

Security

When you register an account with us, you will be asked to provide your email address and create a password. Any password you create (including when you update your password from time to time) must be a “strong” one, comprising a combination of at least eight characters, made up of letters, numbers, and symbols. Additionally, the password must not be easily guessed (such as, for example, your date of birth). You must keep your details secure and confidential at all times. You must not disclose your password to anyone else. You should not write down your email address and password together in the same place and you must take care that nobody sees (or overhears) you when entering your details into the App.

If you forget your password, you can click the ‘forgot password’ link under the “My Account” tab on the login page where you will be guided through the steps for replacing your password.

If your correct login details are used to access your account, we will assume that you are the person accessing it and you will be responsible for such use. You must notify us immediately by emailing support@propertyfinder.qa upon discovering or suspecting that your login details or the mobile device on which you downloaded the App have been lost or stolen or that anyone else has learned your login details or that there has been any unauthorised use of your account. Until you do, your Account will not be secure. Upon contacting us, we will lock your account to prevent anyone else from using it. We will then work with you to update your password and unlock your account.

Part C: General Terms

Collection and use of information about you, your device and your preferences

By using the App and the services, you agree to us collecting and using technical information about the mobile devices on which you use the App and related software, hardware and peripherals to improve our products and to provide services to you.

Subject to applicable law (including in relation to applicable data protection legislation) and our Privacy Policy, you grant us the right to use all or any information which you provide to us or we collect from you in connection with this Agreement or your use of the App or the services in order to create anonymised and/or aggregated data, information, statistics, analyses or reports.

Intellectual property rights

All intellectual property rights in the App and the services throughout the world belong to us (or our licensors) and the rights in the App and the services are (if applicable) licensed (not sold) to you in accordance with this Agreement and you are granted such licence until the Agreement is terminated by either Party in accordance with this Agreement. You have no intellectual property rights in the App or the services other than the right to use them in accordance with this Agreement.

Changes to this Agreement

We may revise this Agreement from time to time without notice. Each time you wish to use the App, please check this Agreement to ensure that you understand the terms that apply at that time. In addition, we may also update and change the App from time to time without notice.

Our responsibility for loss or damage suffered by you

To the extent permitted by law, we 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 out of the use or inability to use the App; or the use of or reliance on any content displayed on the App.

To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to the App or any content on it.

We will not be liable for any loss or damage arising under or in connection with:

1. any failures due to software errors or unavailability, or any other circumstances beyond our reasonable control;
2. any loss of your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to your mobile device and/or your account;
3. the use of, or inability to use, our App;
4. the reliance on any content or information displayed on our App;
5. any direct, consequential, special or punitive loss, damage, costs and expenses;
6. loss of profit;
7. loss of business;
8. loss of reputation;
9. depletion of goodwill; or
10. loss of, damage to or corruption of data.

Unless we otherwise expressly agree in writing, the App and the services are provided for personal use only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the services. Although we make reasonable efforts to update the information provided by the App and the services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the services.

We do not guarantee that the App will be secure or free from errors, bugs or viruses. We are not liable to you or anyone else for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your mobile device, data or other proprietary material due to your use of the App.

If you enquire about a property on the App, you acknowledge and agree that your details will be sent by email or other communication means, such as WhatsApp, 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.

Termination for breach of this Agreement

We may end your rights to use the App and services at any time by contacting you if you have breached this Agreement in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and services:

1. you must stop all activities authorised by this Agreement, including your use of the App and services;
2. you must delete or remove the App from all mobile devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and/or
3. we may remotely access your devices and remove the App from them and cease providing you with access to the services.

General

We may transfer our rights and obligations under this Agreement to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing. This Agreement does not give rise to any rights to third parties to enforce any term of this Agreement.

If any term of this Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

This Agreement and any documents referred to or incorporated in the Agreement constitute the entire agreement between us and replaces all previous agreements and understandings between them, relating to its subject matter.

This Agreement and any non-contractual obligations arising in connection with this Agreement and your use of the App 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 Dubai International Financial Centre (DIFC).