Terms and conditionsFor Users For Agents For Advertisers
Terms & Conditions for Users
We", "Our", "Us" refers to "propertyfinder.qa" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Our web site" refers to propertyfinder.qa
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, 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, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use license & restrictions
Permission is granted to temporarily download copies of the materials (information or software) on propertyfinder.qa's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Propertyfinder.qa's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by propertyfinder.qa 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
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 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.
Details are hosted by us in good faith but are produced directly by agents 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 checking, confirming and satisfying yourself as to the accuracy of any Details.
- You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
- You are responsible for ensuring that you act in good faith towards any other parties.
In no event shall propertyfinder.qa or its suppliers 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 propertyfinder.qa's Internet site, even if propertyfinder.qa or a propertyfinder.qa authorized representative has been notified orally or in writing of the possibility of such damage.
5. Revisions and errata
The materials appearing on propertyfinder.qa's web site could include technical, typographical, or photographic errors. Propertyfinder.qa does not warrant that any of the materials on its web site are accurate, complete, or current. Propertyfinder.qa may make changes to the materials contained on its web site 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 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 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 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.
The materials on propertyfinder.qa's web site are provided "as is". propertyfinder.qa makes no warranties, expressed or implied, and hereby disclaims and negates 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, propertyfinder.qa does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
10. Governing law
Any claim relating to propertyfinder.qa's web site shall be governed by the laws of Qatar without regard to its conflict of law provisions.
Terms & Conditions for Agents
“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, developer and hotel apartment provider and a user of the Service.
“Content” means any and all content, listing details 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.
“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:
- a process that will facilitate your uploading and managing your own properties’ listings and property developments;
- 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;
- 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;
- micro-website and advertising banner creative development services;
- having your properties signified as "Featured and/or Premium" on our Website to improve their ranking for added exposure;
- having your properties rotated through the top position(s) via our "Smart Ads" product;
- a process which facilitates having your phone call leads tracked and recorded via our "Call Tracking" product;
- the process of having your properties and company profile appear on affiliated print publications such as "Prestige Magazine";
- inclusion of your properties in e-mail alerts;
- your agency details and logo listed in the ‘Find an Agent’ section;
- website and banner design services; and
- email marketing campaigns.
- if you are contracting online the online subscription confirmation and the confirmation order; or
- the hard copy order form you receive from us,
- by pressing the “Confirm Order” button when submitting an online Subscription Order; or
- by signing a hard copy Subscription Order.
- you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
- that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
3. Your obligations
- not act as a consumer in relation to the Membership;
- only advertise properties that are currently available for purchase or lease within the United Arab Emirates or countries permitted by your Subscription Order;
- 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;
- ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
- 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;
- abide by any applicable rules and regulations related to electronic transactions and commerce;
- 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;
- in your use of the Service, comply with all applicable laws;
- not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
- be responsible for the integrity of the Content which 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;
- 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;
- 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;
- 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);
- 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;
- 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
- ensure that only your authorized persons have access to the Services and that where you provide Content you will only do so in a format 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 laid out, and not to use these areas to advertise ancillary company information.
- Content submitted through the Service by you 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;
- ensure that no other person, authorized or otherwise, makes use of your Membership to the Service; and
- you do not make any promotional or merchandising reference to us or our Website without our express written permission.
- you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
- 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;
- we are not under any obligation to monitor or censor the Content generated by you or any such 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, we may remove, cause to be removed, amend or decline to display any Content on the Website;
- 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;
- you are responsible for updating your listings to follow the propertyfinder.ae image guidelines, we reserve the right to penalize any images content we deem unfitting.
- systems or technological failure may impede or prevent access to all or any part of the property data;
- 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;
- 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;
- you are responsible for the security and integrity of your data;
- 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;
- transmission of data over the Internet can be subject to errors and delays; and
- 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. Agreement Term, Suspension or Termination of Service
- you fail to pay any fees or charges due to us by the due date, or any post dated cheques as stipulated in the Contract;
- you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
- any material supplied by you is false, misleading, offensive, or against public policy;
- any material supplied by you is unlawful or violates any copyrights, trademarks, or other rights of any third party;
- 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.
- you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
- you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
5. Packages, Fees and Payment
6. Refund policy
7. Limitation of Liability and Indemnity
- exclude all conditions and warranties implied into the Contract;
- exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
- limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
- resupplying the Service; or
- paying the cost of having the Service resupplied; and
- limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.
- any breach of your obligations under your Contract with us; or
- any delay in performance or breach of your Contract which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Website.
Terms & Conditions for Advertisers
We", "Our", "Us" refers to propertyfinder FZ-LLC trading as "propertyfinder.ae" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
"Our web site" refers to propertyfinder.qa
"You", "Your" or "the Client" refers to you as the user of our internet service (the "Service")."Service" may include the following:
· online banner advertising run on our web site
· email marketing campaigns
· micro-website & advertising banner creative development creative services
The following are the standard terms and conditions ("Terms and Conditions") that apply to your use of the Service. Receipt of an Advertising Agreement signed by you will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with the Advertising Agreement, and any other document provided to you at the time of signing the Advertising Agreement.
All “month” references found in the Advertising Agreement, media kits, propertyfinder branded marketing material or any other propertyfinder written or verbal communications refer to a thirty (30) day period.
· ensure that material you generate through use of the Service is not unlawful or for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
· ensure that you do not make, arrange or authorise the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
· abide by any applicable rules and regulations related to electronic truncations and commerce;
· in your use of the Service, comply with all applicable laws;
· ensure that:
· not make any promotional or merchandising reference to us or our web site without our express written permission.
You acknowledge that:
· By using the Service, you grant us an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service.
· we are not under any obligation to monitor or censor the material generated by users of the Service that appears on our website, however we reserve the right to do so;
· 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;
· systems or technological failure may impede or prevent access to all or any part of the data;
· 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;
· you are responsible for the security and integrity of your data;
· transmission of data over the Internet can be subject to errors and delays;
· 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 authorise 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.
Suspension or Termination of Service
Unless otherwise specifically stated in the Advertising Agreement, this Agreement shall have a Term of three (3) months from the start date of this Agreement. Months are calculated as thirty (30) days.
Following the expiry of the Term this agreement will end unless you renew this Agreement with Us.
Without limiting our other rights, we may immediately suspend or temporarily remove details of any property uploaded by you to our web site or terminate this Agreement if:
· you fail to pay any fees or charges due to us by the due date;
· you breach any part of this Agreement and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
· any material supplied by you is false or misleading;
· you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
· you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.
Packages, Fees and Payment
Full payment in advance or via payment Post Dated Checks (PDCs) prior to the start date are the only acceptable forms of payment for this Agreement.
The current fees for the Service are specified in your Advertising Agreement. 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. We reserve the right to amend the terms and conditions of this Agreement, including package components and fees, at any time. You will be given notice of any changes to our fees or package components.
Any check issued by the Client that 'bounces' for insufficient funds or is rejected by the relevant financial institution for any other reason will incur a QR 1,000 administration fee for each offence payable by the Client to propertyfinder FZ-LLC.
Limitation of Liability and Indemnity
To the extent allowable under laws applicable in the kingdom of qatar we:
· exclude all conditions and warranties implied into the Agreement;
· exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
· limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
· resupplying the Service; or
· paying the cost of having the Service resupplied; and
· limit our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
We will not be liable under this Agreement to the extent that liability is caused by:
· any breach of your obligations under this agreement; or
· any delay in performance or breach of the Agreement 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 web site.
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 material generated by you in connection with the Service.
We may change these Terms and Conditions at any time on 30 days prior written notice. You acknowledge that our publishing 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 this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
· A notice must be sent by e-mail, prepaid post or facsimile to your or our last known address.
· You must not assign the Agreement without our written consent.
· The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
· The laws of the state of Qatar apply.
· You submit to the exclusive jurisdiction of the Courts of Qatar.
· If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforce ability of the remainder will not be affected.