View Jobs
عربي

Single-use Premium Listing Terms & Conditions

1. DEFINITIONS

1.1In these Single-Use Premium Listing Terms and Conditions the following terms shall have the following meaning:

“we”, “our”, “us”, “propertyfinder.ae” 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 or a developer and a user of the Service.

“Base Subscription Contract” means your contract that is subject to the Member Terms and Conditions, entitling you to list properties on the Website.

“Category” means the specific details set forth on the Subscription Form, for the Single-Use Premium Listing Credit, as specifically relate to buy versus rent, and Restricted versus Unrestricted.

“Content” means any and all content, listing details, images and 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 Form (as defined below) and these Single-Use Premium Listing Terms and Conditions, and the Member Terms and Conditions.

“Contract Term” means the expiry of your Contract or your Base Subscription Contract, whichever is earlier.

“Credit Term” means the thirty (30) day period for which a Single-Use Premium Credit shall remain in effect once the Single-Use Premium Listing Request is made by you.

“Disqualifying Event” has the meaning set out in clause ‎6.3.

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

“Listing Term” means the period of 1 calendar month, counted from the date of the Single-Use Premium Listing Request, as set out in these Single-Use Premium Listing Terms and Conditions.

“Qualifying Listing” means active and valid listings with a Website identification number, and that comply with provisions set forth in these Single-Use Premium Listing Terms and Conditions.

“Restricted” means a listing within only certain communities or areas of an emirate. Only those listings within such communities or areas shall be deemed to meet the location standard of the Single-Use Premium Listing Criteria. Any listing outside of such communities or areas shall not meet the Single-Use Premium Listing Criteria.

“Service” means having your Qualifying Listing receive a boost in the algorithm on our Website to improve their ranking for added exposure during the Listing Term.

“Single-Use Premium Listing Credit” means the number of times you will be able to use the Service during the Credit Term, as set out in the Subscription From, and subject to the provisions herein.

“Single-Use Premium Listing Criteria” means the type of transaction (i.e. whether buy or rent) and location type as is defined within the definitions of Restricted and Unrestricted, and pre-determined by us herein these Single-Use Premium Terms and Conditions, in relation to which you may use the Service, as set out in the Subscription Form.

“Single-Use Premium Listing Request” means the request to use Single-Use Premium Listing Credits to activate the Services in relation to a particular Qualifying Listing, as set out in clause ‎4.

“Subscription Form” means, as the case may be:
  1. if you are contracting online: the online subscription order form that you receive from us by email; or
  2. the hard copy subscription order form you receive from us,

that you complete indicating that you wish to buy Single-Use Premium Listing Credits from us, the number of Single-Use Premium Listing Credits you wish to buy for each Credit Term, and the Single-Use Premium Listing Criteria.

“Unrestricted” means a listing located within any community or area of an emirate. Such a listing shall be deemed to meet the location standard of the Single-Use Premium Listing Criteria.

“Website” means propertyfinder.ae.

2. contract

2.1 For you to buy Single-Use Premium Listing Credit you must enter into the Contract. The 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 Form as follows:
  1. by pressing the “Confirm Order” button when submitting an online Subscription Form; or
  2. by signing a hard copy Subscription Form.
2.2 If 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.
2.3 We reserve the right to reject any Subscription Form at our absolute discretion including but not limited to where we believe you are not providing the services of a licensed real estate broker or developer.
2.4 In the event of any conflict or inconsistency between the following documents, they shall take precedence in the following order:
  1. Member Terms and Conditions;
  2. Single-Use Premium Listing Terms and Conditions;
  3. Subscription Form.
2.5 The 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.
2.6 These Terms and Conditions were last updated on 1 February 2020. It is effective between you and us as of the date of you placing a Subscription Form with us.

3. Your obligations

3.1 You warrant and represent that you will:
  1. be the holder of a current license as a real estate broker or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
  2. in your use of the Service, comply with all applicable laws;
  3. have, and during the Listing Term maintain, the rights to market and rent or sell the properties listed in the Qualifying Listing in relation to which you have made a Single-Use Premium Listing Request;
  4. inform us promptly if you lose the rights to market and rent or sell the property listed in the Qualifying Listing in relation to which you have made a Single-Use Premium Listing Request.

4. Single-Use Premium Listing Requests

4.1 For you to use a Single-Use Premium Listing Credit on a Qualifying Listing you must:
  1. be registered as an “admin” or “agent” user in our Manager CRM System, and have a valid and active subscription listing contract with us;
  2. have sufficient Single-Use Premium Listing Credits in your account for the current Credit Term;
  3. submit Single-Use Premium Listing Request via our Manager CRM System;
  4. submit Single-Use Premium Listing Request which fall within the Single-Use Premium Listing Criteria. Any listing not complying with the same shall not be deemed to be a Qualifying Listing.

5. Single-use premium listing status

5.1 After placing a Single-Use Premium Listing Request, you will be asked to confirm that you wish proceed, after such time and, subject to clause ‎6 and ‎7, the Services shall be activated if we, in our discretion, are satisfied that the following criteria are met:
  1. the property listing in relation to which you want to use the Single-Use Premium Listing Credit is a Qualifying Listing which matches the Single-Use Premium Listing Criteria;
  2. the Contents in relation to the Qualifying Listing are in compliance with the Member Terms and Conditions and our guidelines, issued from time to time, including but not limited to Content guidelines; and
  3. you have sufficient Single-Use Premium Listing Credits in your account for the current Credit Term.
5.2 Once we approve the Single-Use Premium Listing Request, we will provide you the Services for the relevant Qualifying Listing during the Listing Term, unless a Disqualifying Event occurs, in which case, the use of the Service for the activated Single-Use Premium Listing Credit shall terminate. Once a Single-Use Premium Listing Request is approved, we will deduct the amount of the Single-Use Premium Listing Credit for that Qualifying Listing from your total Single-Use Premium Listing Credit account for that Credit Term.
5.3 You can only use a given Single-Use Premium Listing Credit for a Qualifying Listing possessing the Website identification number that matches the one held by the listing that the Single-Use Premium Listing Request is made. You cannot use the same Single-Use Premium Listing Credit for different Qualifying Listing or transfer the Single-Use Premium Listing Credit from one Qualifying Listing to another.
5.4 The Listing Term will run uninterruptedly and you cannot pause or cancel the use, or get a refund, of the Single-Use Premium Listing Credit used for a Qualifying Listing, even if that Qualifying Listing is not listed online or offline during part or whole of the Listing Term.

6. Credit Term, Suspension or Termination of Service

6.1 You may use your Single-Use Premium Listing Credit for any Qualifying Listing during the Contract Term. You can carry forward any unused Single-Use Premium Listing Credit for 1 additional calendar month, but you must use all such credits before the expiry of the 1 additional calendar month. Any Single-Use Premium Listing Credit which has been carried forward and still remains unused at the end of the 1 additional calendar month will expire and shall be deemed to have been used.
6.2 The term of your Contract will commence on the start date specified in the Subscription Form and continue into effect until the expiry of the Contract Term or otherwise terminated in accordance with its terms. Subject to you paying the Fee as set out in clause 7 below, each month during the Contract Term, on the anniversary date of the start date specified in the Subscription Form you will be credited with the number of Single-Use Premium Listing Credits set forth on the Subscription Form.
6.3 Without limiting our other rights, we may immediately sanction you, cancel or suspend or limit the Service and/or temporarily remove details of any property, agent, Qualifying Listing or otherwise, uploaded by you to our Website and/or terminate this Contract if any of the following events (a “Disqualifying Event”) occurs:
  1. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
  2. there are any changes to the Qualifying Listing, including but not limited to number of bedrooms, number of bathrooms, location and property type;
  3. the Qualifying Listing going under offer, sold, rented or foreclosed upon;
  4. failure of the Qualifying Listing to meet the provisions of Clause 5.1;
  5. listing of the Qualifying Listing under a price which does not match the request of the property owner or the property owner’s representative; or
  6. we decide, at our sole discretion, to stop providing the Service.
6.4 Termination 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 ‎7, ‎8 and ‎9, 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.
6.5 All Single-Use Premium Listing Credit which remains unused at the end of the Contract Term will expire and be deemed to have been used.

7. Payment

7.1 We will not provide the Services until we have received payment of the Fee in full and clear funds. You shall pay the Fee on a monthly basis by cheque or credit card. In the instance where you elect to pay by cheque, you must provide a postdated cheque for each month of the contract, dated for payment on the monthly anniversary date of the Contract’s start date.
7.2 If payment via credit card on a monthly basis was elected, then you shall be required to provide us with security cheque(s), with each cheque representing a pro rata amount of the total Contract amount. The number of security cheques shall be at the sole discretion of the Company.
7.3 The security cheque(s) 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.
7.4 In 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.
7.5 Please 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.
7.6 You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Form or if no such date is specified from the date of acceptance, (which will be the date we receive your confirmation of the Subscription Form) if nothing is stated in your Subscription Form.
7.7 Please 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).
7.8 Without limiting our rights or remedies, all overdue payments pursuant to a Subscription Form shall accrue interest at the rate of 1% per month of the total amount of such Subscription Form plus such amounts outlined in Clause 7.3.
7.9 In 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.
7.10 We reserve the right to amend any terms in a Subscription Form, including 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 the Contract for your future reference.
7.11 If you elect to pay the Fee by credit card, in case of fraudulent or disputed transactions you shall refer to your credit card provider. We make no enquiries in relation to the legitimate use of the credit card for payment of the Fee. In all instances of payments, you are liable for any levied charges by the bank(s) or the credit card clearance provider.

8. Limitation of Liability and Indemnity

8.1 To 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 (including 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.
8.2 We 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, utilities disruptions, other defects or failure of the server hosting our Website.
8.3 You 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 listings, Content, material generated by you in connection with the Service, or this Contract.

9. General

9.1 We may change these Single-Use Premium Listing Terms and Conditions at any time on written notice. You acknowledge that our publishing of the amended version of the Single-Use Premium Listing Terms and Conditions at this link on our Website constitutes written notice to you of such changes.
9.2 Notwithstanding anything to the contrary in the Single-Use Premium Listing Terms and Conditions we reserve the right to change any algorithm 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.
9.3 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.
9.4 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.
9.5 Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
9.6 You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
9.7 This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
9.8 Any 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”).
9.9 Any 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”).
9.10 If 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.