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MEMBER TERMS & CONDITIONS

1. DEFINITIONS

1.1In these Member Terms and Conditions the following terms shall have the following meaning:

“we”, “our”, “us”, “propertyfinder.ae”, “Property Finder” means Propertyfinder FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.

“you”, “your” or “the Client” means you, who is either a licensed real estate broker (i.e. an agent); a licensed real estate brokerage firm, developer and hotel apartment provider and a user of the Service

“Content” means any and all content, listing details, pictures, videos, and other materials including property details and any intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf or on the instruction of you to us on the Website.

“Contract” means the Subscription Order (as defined below) and these Member Terms and Conditions.

“Exclusivity Form” means the standard form approved by us which must be signed by the property owner or the property owner’s representative granting you exclusive rights to market and rent or sell a specific property.

“Exclusivity Rights” means a agent with a valid Property Finder contract having provided us with a validly signed and dated Exclusivity Form.

“Fee” means the amount due to us by you under the Subscription Order.

“Membership” means your entitlement to the Services (under a Contract) subject to these conditions.

“Service” includes but is not limited to any of the following services for a member or a combination thereof depending on the membership package chosen in the Subscription Order:
  1. a process that will facilitate your uploading and managing your own properties’ listings and property developments;

  2. brand booster for agents who want to increase their brand exposure to all buyers and sellers by having their logo presented on all their properties’ listings on the search results pages and on all properties’ listings sent by e-mail alerts;

  3. online banner advertising and banner ad impressions that appear on our Website on a Share of Voice (SOV) and/or Cost Per Impression (CPM) basis;

  4. micro-website and advertising banner creative development services;

  5. having your properties signified as “Featured and/or Premium” on our Website to improve their ranking for added exposure;

  6. having your properties rotated through the top position(s) via our “Smart Ads” product;

  7. a process which facilitates having your phone call leads tracked and recorded via our “Call Tracking” product

  8. the process of having your properties and company profile appear on affiliated print publications such as “Prestige Magazine”;

  9. inclusion of your properties in e-mail alerts;

  10. your agency details and logo listed in the ‘Find an Agent’ section;

  11. website and banner design services; and

  12. email marketing campaigns.

    13. “Subscription Order” means, as the case may be:

  13. if you are contracting online the online subscription confirmation and the confirmation order; or

  14. the hard copy order form you receive from us,

    15. that you complete indicating the Service you request us to provide.

    “Website” means propertyfinder.ae.

2. CONTRACT

2.1The Contract shall be between us and you. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Subscription Order as follows:
  1. by pressing the “Confirm Order” button when submitting an online Subscription Order; or
  2. by signing a hard copy Subscription Order.
2.2If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are authorised to enter into the Contract.
2.3We reserve the right to reject any Subscription Order to provide any Service at our absolute discretion including but not limited to where we believe any of the following;
  1. you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
  2. that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
2.4In the event of any conflict between these Member Terms and Conditions and the Subscription Order, these Member Terms and Conditions shall prevail.
2.5The Contract is between us and you only 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.
2.6If you wish to use a third party real estate CRM service solution provider to publish data on the Website using an XML feed with us, that third party must be on Propertyfinder’s pre-approved list of CRM providers, which can be obtained by contacting support@propertyfinder.ae (such Propertyfinder pre-approved CRM providers being a “CRM Provider”). The third-party CRM solution provider must expressly agree and comply to all terms and conditions as set forth by us for CRM Providers for use of such a feed. Any failure to comply with or breach of the terms and conditions for CRM Providers could result in a suspension of such feed, to be determined within our discretion. It is your responsibility to assure that your CRM provider is in compliance with all the terms of that agreement. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the terms and conditions on our website for CRM Providers.
2.7These Terms and Conditions were last updated on August 18, 2020. It is effective between you and us as of the date of you accepting these Terms and Conditions. For existing users, acceptance is made by continuing to use the website, after each update.

3. YOUR GENERAL OBLIGATIONS

3.1You warrant and represent that you will:
  1. not act as a consumer in relation to the Membership;
  2. only advertise properties that are currently available for purchase or lease within the United Arab Emirates or countries permitted by your Subscription Order;
  3. be the holder of a current license as a real estate broker, hotel apartment or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or the otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
  4. ensure that you do not make, arrange or authorise the insertion of any reference to us or our Website in any document (including promotional or merchandising material) or on any Website other than our Website without our prior written consent;
  5. abide by any applicable rules and regulations related to electronic transactions and commerce;
  6. comply with any guidelines and codes issued by any relevant authority (federal, local, regional, territorial, free zones, municipal, ministries and government) concerned with real estate or having jurisdiction over you, us, the Services or the subject matter of this Contract;
  7. in your use of the Service, comply with all applicable laws;
  8. within no more than seventy two (72) hours of (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market you will either alter the status of the property details in the upload provided to us so that it may be displayed as “under offer” “sold” or “let” as appropriate on the Website or will remove the property from the upload provided to us so that it is no longer displayed on the Website;
  9. have the authority to market the properties in the Content and the properties listed by you in the Content are only listed (including any associated offices in your real estate group) once;
  10. hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and has authority to and grant us a license of the Content on the terms set out in clause 3.3(b);
  11. not use our name or any logos, trade or services marks of ours in a defamatory or derogatory manner or in any way that might bring us or our directors or employees into disrepute nor will you misuse or deface (or allow to be misused or defaced) any of the Services provided to you;
  12. provide a contactable telephone number. Where a trackable telephone number has been allocated to you, you will use this number to enable us to effectively monitor buyers, renters, owners or any other party who has contacted you using the Service and you will take no actions that would interfere with such monitoring, and you agree that us and our suppliers may record all telephone calls for the purposes of monitoring these; and
  13. ensure that only your authorized persons have access to the Services.
3.2 You must ensure that:
  1. ensure that no other person, authorized or otherwise, makes use of your Membership to the Service; and
  2. you do not make any promotional or merchandising reference to us or our Website without our express written permission.
3.3You acknowledge and agree that:
  1. you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
  2. by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize reproduce, display, sell, publish, copy, license to other persons, use and adapt for any purpose and otherwise use the Content or data or other information derived there from for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). This license shall survive termination of the Contract. You agree that we will not be required to, identify you as the source of the Content on the Website(s) or in any other medium through which the Content or any derivative thereof is published or displayed;
  3. we are not responsible for the Service’s content or for any errors or omissions in any property data provided by or on behalf of you and we make no warranty nor any representations about the accuracy of the Service;
  4. systems or technological failure may impede or prevent access to all or any part of the property data;
  5. we are able to use any pictures of you or any of your agents that are employees of your firm in order to post on our Website, including but not limited to material defined as Content pursuant to clause 1.1;
  6. you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our website, whether or not such access has been arranged by us;
  7. you are responsible for the security and integrity of your data;
  8. you are responsible to obtain and possess any necessary permits to market and publish listings on the Website; Upon request, you shall be obliged to provide certified proof of any required permits; You hereby acknowledge that we hold no responsibility on your obtaining and possessing any of the required permits for publishing and marketing listings on the Website;
  9. transmission of data over the Internet can be subject to errors and delays; and
  10. we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media;

4. CONTENT QUALITY OBLIGATIONS

4.1You warrant and represent that the Content:
  1. is not unlawful or encourage unlawful conduct, defamatory, false, misleading, deceptive, inappropriate having regard for the purpose of the platform, likely to cause offence, obscene (including pornographic, hateful, racially, or ethically offensive material), or against public policy, and that the Content will not expose us to any liability, legal proceedings or other sanction;
  2. does not infringe any copyright, trademark or other intellectual property rights or rights of Property Finder or any third party whatsoever;
  3. is in all respects true, complete and accurate to the best of your knowledge and belief and that you will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
  4. will comply with the propertyfinder.ae image guidelines and any other guidelines set by us from time to time;
  5. will comply with any pre-set listing requirements defined by us, including but not limited to ensuring the format is compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as provided by us, and not to use these areas to advertise ancillary company information.
  6. refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
  7. does not directly or indirectly involve advertising or marketing anything other than a particular property;
  8. will only be listed one-time and that you will not remove and re-list the same Content on the Website which results in the listing re-appearing as a new listing; and
  9. that is false or irrelevant will not be placed in an fields that you have access to load information into. You must use fields for inserting information that is intended for those fields and is true and accurate.
  10. Does not infringe or violate any terms of use or other terms, policies or agreements of third parties who the Content may be subject to, including but not limited to YouTube’s terms of use.
4.2You acknowledge and agree that:
  1. we are not under any obligation to monitor or censor the Content generated by you or any users of the Service that appears on our Website, however we reserve the right to do so, in our absolute discretion, at any time and without notice to you;
  2. we may remove, cause to be removed, amend or decline to display any Content on the Website, or direct you to modify Content to meet the requirements of these Member Terms and Conditions, in our sole discretion;
  3. we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content);
  4. we may suspend your use of the Services, or terminate this Agreement in accordance with clause 5 if you fail to comply with the terms of this clause 4; and
  5. using the Service to advertise your business or its services other than real property for sale or lease, is not acceptable. Each listing uploaded by you must be a bona fide listing of real property for sale or lease. Any reference to material other than listing details for a property or Development must receive our written approval prior to being submitted through the Service.

5. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE

5.1Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
5.2Unless otherwise expressly stated in this Contract or terminated earlier in accordance with its terms, the term of your Contract will commence on the start date specified in the Subscription Order and continue for the period of either (a) six months; or (b) twelve (12) months as specified in the Subscription Order (“Term”).
5.3Following 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.
5.4We 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.
5.5Without limiting our other rights, we may immediately sanction you, or suspend or limit the Service and/or temporarily remove details of any property, agent, or otherwise, uploaded by you to our Website and/or terminate this Contract if:
  1. 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;
  2. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
  3. you fail to comply with any of the Content Quality Obligations set out in clause 4
  4. you have engaged in any unlawful actions while using or accessing our services and the Website shall be subject to sanctions and limitations as determined in our discretion.
  5. 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
  6. 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.
5.6We may immediately remove a listing or any details of a listing that is subject to Exclusivity Rights of another agent.
5.7Where payment obligations under your Contract are still owed by you, service shall still be provided, however limited, within our discretion, during the remainder of your Contract term.
5.8Termination of this Contract pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Contract, including but not limited to Clauses 5, 7, and 8, and any further terms as may be provided at the time of this Contract and we reserve our right to enforce such obligations and liabilities in any event.

6. PACKAGES, FEES AND PAYMENT

6.1The Service 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 Subscription Order. You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Order or if no such date is specified from the date of acceptance, (which will be the date we receive your confirmation of the Subscription Order) if nothing is stated in your Subscription Order.
6.2If 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.
6.3If payment via credit card on a monthly basis was elected, then you shall be required to provide us with 3 security cheques, with each cheque representing a pro rata amount of the total Contract amount.
5.4The security cheques referenced in the provisions of this Clause shall be provided by you, prior to the expiry of the first month of the Contract. 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.
6.5In the event that any of the monthly credit card payments “bounces” and payment is not able to be made to us , then we shall give you notice in writing of the “bounced” payment and provide you until the end of that month to cure the “bounced” payment. At the expiry of the month, in the event that the “bounced” payment is not cured, then we shall present and cash the security cheque.
6.6Please note that if the balance of the contract 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 contract.
6.7Please note that 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) 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).
6.8The current Fees for the Service are specified in your Subscription Order. 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 addition of special conditions to, packages is at our sole discretion. If you wish to change package during your Subscription Order then we reserve the right to amend any such terms in the Subscription Order including but not limited to the Fees. Please be advised that a package can only be reduced to the extent that the total current fee for the Services that you have requested, is not reduced until the end of the current contract term. This does not prohibit packages from being varied, so long as the total value of the services subject to the change being requested is not below the total current fee for the Services being provided.
6.9In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision, sale or supply of any goods and/or services which are the subject matter of these Terms, 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.
6.10If your Membership has been suspended for any reason during the term of your Subscription Order you will still be liable to pay any Fee due to us regardless of you receiving the Services.
6.11If your Membership has been terminated for any reason during the term of your Subscription Order, then you shall be bound to all payments due under the Subscription Order up to the point of termination. Liability for further payments under the Subscription Order shall be limited to a penalty payment in the amount of 50% of the outstanding balance of the Subscription Order.
6.12We reserve the right to amend any terms in a Subscription Order, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment. You are advised to print and retain a copy of these Member Terms and Conditions for your future reference.

7. REFUND POLICY

7.1Content posted on propertyfinder.ae, whether by credit card through the Website, or by cheque or bank transfer via a commercial contract is paid content (“Paid Content”) and must be paid for by the originator of the Content. The originator of the Paid Content has the right to a refund only if a duplicate transaction is received for any paid content on the Website. In this case, the duplicate portion of the payment will be refunded
7.2In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.

8. LIMITATION OF LIABILITY AND INDEMNITY

8.1To the extent allowable under laws applicable in the United Arab Emirates we:
  1. exclude all conditions and warranties implied into the Contract;
  2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
  3. 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
  4. 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 the Subscription Order.
8.2We will not be liable under the Contract to the extent that liability is caused by:
  1. any breach of your obligations under your Contract with us; 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 Website.
8.3You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.
8.4The Service and any functionality of the Service 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 Service

9. GENERAL

9.1We may change these Member Terms and Conditions at any time on written notice. You acknowledge that our publishing of the amended version of the Terms and Conditions 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.
9.2Notwithstanding anything to the contrary in the Member Terms and Conditions we reserve the right to change the algorithm’s used in any Services and which may form part of the Contract at any time during the term of your Contract at our sole discretion.
9.3We 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.
9.4No 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.
9.5Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
9.6You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
9.7This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
9.8Any dispute, difference, controversy or claim arising out of or in connection with this contract with a claimed amount of AED 1,000,000 or less, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the jurisdiction of the Small Claims Tribunal of the Dubai International Financial Centre (“the DIFC SCT”).
9.9Any further dispute, difference, controversy or claim arising out of or in connection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
9.10If any term of the Contract or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.