Terms and Conditions

Terms & Conditions For Users

1. Terms

1.1In these terms and conditions for users (“Terms of Use”) the terms “we", "our", "us", “Property Finder” means El Baheth Al Maloomati Co. and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
1.2"Website" refers to propertyfinder.sa.
1.3By 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.
1.4You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
1.5These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through the use of the Website.

2. Use license & restrictions

2.1Permission is granted to temporarily download copies of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  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.
2.2In 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.
2.3We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to our use of the Website, including but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
2.4This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Your responsibilities

3.1We are not an estate agency and we provide a service whereby agents may market and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.
3.2Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
3.3You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
3.4You are responsible for instructing a surveyor and/or obtaining legal advice before committing to any purchase.
3.5You are responsible for ensuring that you act in good faith towards any other parties.
3.6You 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

4.1In no event will we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if one of our authorised representatives has been notified orally or in writing of the possibility of such damage.
4.2We will not be liable for any loss or damage arising under or in connection with:
  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.
4.3Unless we otherwise expressly agree in writing, you agree not to use our Website for any commercial or business purposes.
4.4We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
4.5If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email directly to the agent, estate agent, landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.

5. Revisions and errata

The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its Website are accurate, complete, or current. We may make changes to the materials contained on the Website at any time without notice.

6. Availability of website

We strive to ensure that our Website and the services are available to you at all times but cannot guarantee that either the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We reserve the absolute right to alter, suspend or discontinue any part of our Website or the services, including your access to it.

7. Links & third parties

Our Website may contain links, hyperlinks and pointers to third party products, services and/or websites that are not affiliated with Us. We have no control over the products, services or websites of these third parties and We do not guarantee or take responsibility for them. Our Website may also contain advertising from third parties and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.

Any links or advertisements on our Website should not be taken as an endorsement by us of any kind. Furthermore, our Website contains data provided by third parties and we accept no responsibility, nor do we make any warranties or representations for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

By using the Website, you grant us an irrevocable, world-wide, royalty free license to commercialse, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Website.

We do not warrant that the content, links, or sub-domains contained on, or associate with our Website will be available and accessible to you at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.

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

9.1In 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.
9.2We may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to any or all of your Contributions if we consider that:
  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.
9.3To the extent that any Contributions are proprietary in nature, you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.
9.4You also grant each user of our Website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
  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.
9.5For 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.
9.6You 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

10.1Unless otherwise expressly stated, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
10.2We, together with our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on this Website for any purpose.
10.3Our names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of us or our licensors. No trademark or service mark license is granted in connection with the materials contained on this Website.
10.4Access to this Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.

11. electronic communications

11.1When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website.  We will communicate with you by email or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.  All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide on the Website for your account.

12. INDEMNITY

12.1You agree to indemnify and hold us and our affiliates (and our officers, agents, partners and employees) against any and all loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with your use of and access to our Website or making Contributions not in accordance with the Terms.

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

15.1These Terms of Use and your access to the Website is subject to and governed by the laws of the Kingdom of Saudi Arabia. You agree to submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia.
15.2If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.

16. CONTACT US

16.1propertyfinder.sa 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.sa 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.sa

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

Terms & Conditions For Agents & Advertisers

1. DEFINITIONS

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

“we", "our", "us", or “Property Finder” means El Baheth Al Maloomati Co. 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.

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

“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:

  14. if you are contracting online, the online subscription confirmation and the confirmation order; or
  15. the hard copy order form you receive from us,

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

    "Website" means propertyfinder.sa.

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 Property Finder’s pre-approved list of CRM providers, which list can be obtained by contacting support@propertyfinder.sa (such Property Finder 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 ensure 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 are 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 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 Kingdom of Saudi Arabia or countries permitted by your Subscription Order;
  3. be the holder of a current license as a real estate broker, hotel apartment provider or real estate developer in the Kingdom of Saudi Arabia or country or any further region, emirate, providence, state or otherwise, to which your use of the Service relates, in accordance with the laws, rules, and regulations you are subject to;
  4. 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;
  5. 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;
  6. abide by any applicable rules and regulations related to electronic transactions and commerce;
  7. 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;
  8. in your use of the Service, comply with all applicable laws;
  9. not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
  10. be responsible for the integrity of the Content and ensure that it is in all respects true, complete and accurate to the best of your knowledge and belief. 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;
  11. within 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 (whichever occurs first), you will either:
    1. 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
    2. you will remove the property from the upload provided to us so that it is no longer displayed on the Website;
  12. 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;
  13. hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and you have authority to grant and you hereby grant us a license of the Content on the terms set out in clause 3.3(b);
  14. 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;
  15. 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 not take any action that would interfere with such monitoring, and you agree that we and our suppliers may record all telephone calls for the purposes of monitoring; and
  16. 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.
3.2You must ensure that:
  1. 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;
  2. no other person, authorized or otherwise, makes use of your Membership; and
  3. you do not make any promotional or merchandising reference to us or our Website without our prior 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 therefrom 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 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;
  4. 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;
  5. you are responsible for updating your listings to follow the Property Finder image guidelines. We reserve the right to penalize any images content we deem unfitting;
  6. systems or technological failure may impede or prevent access to all or any part of the property data;
  7. you authorize us to use any pictures of you (or any of your agents that are employees of your firm) on our Website, including but not limited to material defined as Content pursuant to clause 1.1;
  8. 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;
  9. you are responsible for the security and integrity of your data;
  10. 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;
  11. you acknowledge that transmission of data over the Internet can be subject to errors and delays. We will not be responsible for any such errors or delays;
  12. 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; and
  13. 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. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE

4.1Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
4.2This Contract shall have a term of twelve (12) months commencing from the start date specified in Subscription Order (“Term”), unless stated otherwise in the Subscription Order or terminated earlier in accordance with these Terms and Conditions.
4.3Immediately following the expiry of the Term, your contract will expire unless you renew your Contract with us, in which case the terms and package may be subject to changes.
4.4We 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.
4.5Without 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 or charges due to us by the due date, 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. any material supplied by you is false, misleading, offensive, or against public policy;
  4. any material supplied by you is unlawful or violates any copyrights, trademarks, or other rights of any third party;
  5. you have engaged in any unlawful actions while using or accessing our Services and/or the Website. Such actions shall be subject to sanctions and limitations as determined in our discretion.
  6. 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
  7. you die, or if you are in a partnership, the partnership is dissolved or an application to dissolve the partnership is filed, or if you are a company, the company is wound up or an application for winding up is filed.
4.6Where payment obligations under your Contract are still owed by you, the Service shall still be provided, however limited, within our discretion, during the remainder of your Contract Term.
4.7Termination of this Contract pursuant to this clause 4 does not relieve you of your obligations and liabilities pursuant to the Contract, including but not limited to Clauses 5, 7, and 8, and we reserve our right to enforce such obligations and liabilities in any event.

5. PACKAGES, FEES AND PAYMENT

5.1The 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, the date we receive your confirmation of the Subscription Order.
5.2If 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) has been received by us.
5.3In 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 reserve the right to take the necessary steps to secure such payment, in our own discretion, and in accordance with these Terms.
5.4Please 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 SAR1000 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 failedPlease 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 SAR1000 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).
5.5The 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 Service 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 Service being provided.
5.6In the event that the Government of the Kingdom of Saudi Arabia 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.
5.7If 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 Service.
5.8If 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.
5.9We reserve the right to amend any terms in a Subscription Order, including package components and fees, however 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.

6. REFUND POLICY

6.1Content posted on the Website, 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
6.2In the cases of fraudulent or disputed credit card transactions the Member should refer to their credit card provider. In all instances of payments, the Member is liable for any levied charges by the bank(s) or the credit card clearance provider.

7. LIMITATION OF LIABILITY AND INDEMNITY

7.1To the extent allowable under laws applicable in the Kingdom of Saudi Arabia 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 royal decree to the amount paid to us by you under the Subscription Order.
7.2We will not be liable under the Contract to the extent that liability is caused by:
  1. any breach by you of your obligations under your Contract with us; or
  2. any delay in performance or breach of your Contract by you 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).
7.3You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs 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: i) any material generated by you in connection with the Service; and ii) any breach by you of your representations and warranties made under the Contract.

8. GENERAL

8.1We 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. Your continued use of the Website and/or the Services after any such amendments are made (which date shall be noted at the top of this document or the Website as “last updated”), will constitute your acceptance of the updated Terms and Conditions.
8.2Notwithstanding anything to the contrary in the Member Terms and Conditions we reserve the right to change the algorithms used in any Service at any time during the Term of your Contract at our sole discretion.
8.3We reserve the right to add any new products to the Service at any time. Your Contract will not include any such new products unless we both agree in writing to such addition.
8.4No 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.
8.5Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the Arabic language.
8.6You must not assign any part of the Service and/or your obligations set out in the Contract without our prior written consent.
8.7This Contract is subject to and governed by the laws of the Kingdom of Saudi Arabia.
8.8You submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia.
8.9If 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. 

Terms & Conditions for CRM Providers

we", "our", "us", “Property Finder” refers to El Baheth Al Maloomati Co. trading as “Property Finder” and/or "propertyfinder.sa" and its subsidiaries, employees, officers, agents, affiliates or assigned parties.

"Website" refers to propertyfinder.sa

"You", "Your" or refers to you as the CRM provider

"the Client" refers to the company using the CRM services to publish on Propertyfinder

“Terms” refers to these Terms & Conditions for CRM Providers

These Terms are effective between you and us as of the date you accept these Terms, and you do so by default through providing CRM services through the Website.

The following are the standard terms and conditions that apply to all CRM providers for Property Finder clients.

Your obligations. In accessing or using our Website you agree that you will not

1.1Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage
1.2Transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not
1.3Act in violation of any Term of Use or other condition posed by us or any applicable law;
1.4Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorized by us
1.5Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
1.6Obscure or block correct data from being uploaded via Property Finder XML; or upload misleading or incorrect data via Property Finder XML

2. You acknowledge that:

2.1This Agreement is a separate agreement from the agreement between the client and Propertyfinder.
2.2You must ensure that the data sent by the client is in the correct Property Finder XML format, following the correct Property Finder XML specifications, is not corrupt and is valid data.
2.3You must ensure that the client validates all property listing permits, provided by any law, regulation, or otherwise, where such listing is being advertised, before feeding any listings to our Website. Such validation shall include, but is not limited to permit number and permit date being valid, as well as, the party listing the property being a match to the party that the permit was issued to. The Client shall not allow any properties to be fed to our Website if the permit is invalid for any reason. Failure to comply with this clause may, in our discretion, result in such action as we feel necessary to cure the violation. Such may be the case, within our discretion, that the client is thereafter prohibited from providing any feeds to our Website.
2.4You must notify Property Finder immediately if you become aware that you have breached any of these requirements, any of the data transmission guidelines or any other requirement applicable pursuant to this Agreement in relation to data that you upload. When notifying Property Finder you must also provide a list of all subscribers and listings that are affected.

3. Important Note:

3.1The CRM provider should have a traceable record of performance within the Kingdom of Saudi Arabia to link with our system and we reserve the right to refuse any provider that does not meet this requirement.
3.2You must be available to provide support to the clients using your service.
  1. The client must first contact you for support if they have any issues with transferring their property data to Propertyfinder.
  2. You must be available during the Kingdom of Saudi Arabia business hours Sunday to Thursday to provide support to the clients using your service. For the purposes of this clause, “local business hours” means the hours of 9am to 6pm, Sunday to Thursday, in the place where your clients are located.
  3. You must check your data processing log files daily to ensure there are no technical problems preventing the transfer of property data to Propertyfinder.

4. Propertyfinder xml setup and functional specifications

4.1The Property Finder XML format specification will be provided to you. It is then your responsibility to ensure that your computer system is capable of generating the appropriate data files to be sent to Property Finder in the correct XML format.
4.2It is your responsibility to ensure that data is being transferred to the satisfaction of the client.
4.3Property Finder will provide you with the required technical support to highlight any incompatibilities in your feed and it is your responsibility to rectify the problem
4.4Property Finder will activate clients’ feed after receiving a written confirmation from the client with the feed link

5. Agreement Term, Suspension or Termination of Service

5.1This Agreement continues until terminated in accordance with the terms of these Terms.
5.2Unless otherwise stated in the Agreement, this Agreement shall have a Term of twelve (12) months from the start date as specified in this agreement
5.3Property Finder may terminate this Agreement by giving you 7 days written notice if you breach any provision of this Agreement and fail to rectify the breach within 7 days of being given a notice to rectify the breach.
5.4Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
5.5You acknowledge and agree that termination of this Agreement pursuant to this clause does not relieve you of your obligations and liabilities pursuant to the Agreement and we reserve our right to enforce such obligations and liabilities in any event.

6. Packages, Fees and Payment

6.1Full payment in advance is the only acceptable forms of payments associated with these Terms.
6.2We reserve the right to revise and amend these Terms at any time without notice. By continuing to provide CRM services via Property Finder XML, you are agreeing to be bound by this Agreement.

7. Limitation of Liability and Indemnity

7.1To the maximum extent allowable by the laws of the Kingdom of Saudi Arabia, Propertyfinder:
  1. Excludes all conditions and warranties that might otherwise be inferred into this Agreement, whether those warranties are express or implied
  2. Will not be liable to you for any consequential, special or indirect loss or damage (including, but not limited to loss of opportunity, loss of revenue and loss of profits)
  3. Limits its liability for breach of any non-excludable condition or warranty to, at its option, the greater of resupplying the Service or paying the cost of having the Service resupplied
  4. Limits its liability in respect of any other claim in connection with this Agreement, whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under this Agreement.
7.2We will not be liable under this Agreement to the extent that liability is caused by any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
7.3We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
7.4We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with these Terms.
7.5We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any Website linked to it.
7.6Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.

8. General

8.1Property Finder will deal with a contact person nominated by the client (“Technical Contact”) in relation to any technical difficulties experienced with the clients’ use of the Service. As of the agreement with the subscriber.
8.2The Service is designed to receive the Property Finder XML file sent by you, validate the data and then enter the valid data into the Property Finder database.
8.3Property Finder database is updated once per 30 minutes, which then updates the Property Finder Website.
8.4No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights.
8.5You must not assign the Agreement without our written consent.
8.6The Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
8.7The laws of the Kingdom of Saudi Arabia apply.
8.8You submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia.
8.9If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
8.10Check this page frequently to take notice of any changes we made, as they are binding on you. We may revise these Terms at any time by amending this page. We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Any amendments to these Terms will be made available on the Website.

PF Expert MASTER TERMS and CONDITIONS

These Master Terms and Conditions (hereinafter “Master Terms”) govern your subscription to and/or use of our Services.

They are effective between you and us as of the date when you start using the Services or the date you accept these Master Terms, whichever is earlier.

1. DEFINITIONS

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control”, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Authorized User” means those employees of the Client who are authorized by the Client to use the Services as described in these Master Terms.

“Content” means information obtained by us from publicly available sources or third-party content providers and made available to you through the Services, beta services or pursuant to an Order Form.

“Contract” means the Order Form, these Master Terms, and the DPA, together.

“Data” means electronic data and information submitted by you, excluding content and non-PF Expert applications.

“Data Protection Agreement” hereinafter “DPA” shall be a reference to the document found at the following link and made a part of these Master Terms pursuant to Clause 13.2 herein.

“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.

“Order Form” means an ordering document, in physical or online form, specifying the Services to be provided hereunder via PF Expert or any associated offline or mobile components, that is entered into between you and us.

“Services” means the services, including all services in connection with or relating to PF Expert, made available online by us to the Users, as set out and confirmed by you under an Order Form, and where relevant corresponding to the country in which you are transacting to receive the services. You understand and agree that the services exclude content and applications that are not owned, licensed or operated by us.

“Start Date” shall mean the date provided on the Order Form outlining when the Contract shall commence.

“Term” shall have the meaning provided in clause 11.1(b) herein.

“User” means an individual who is authorized and permitted to use a Service, as an owner, operator, or authorized employer or individual of a subscribed user, who is subject to these Master Terms hereto. All Users will be accessing the Services through an account, purchased as a subscription, and to whom you (or, when applicable, us at your request) have supplied a User identification and password (for Services utilizing authentication). Users may include, for example, your employees, consultants, contractors and agents, and third parties with which you transact business. You are responsible that any party using your account or subscription is aware of and abides by all the provisions to the Terms of Conditions hereto.

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

“you”, “your” or “Client” means you, a User, the company or other legal entity for which you are accepting these Master Terms, and Affiliates of that company or entity, which use the Services.


2. CONTRACT

2.1Acceptance. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Order Form as follows: by placing your electronic signature on the Order Form; or by signing a hard copy of the Order Form.
2.2Authorization. If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are fully authorized to enter into the Contract.
2.3Contracted Parties. The Contract shall be between us and you and does not extend to cover any company or other legal person affiliated to you (including a subsidiary). No other company or legal person may use the Services under this Contract and must enter into a separate Contract with us.
2.4Conflict of Terms. In the event of any conflict between these Master Terms and the Order Form, these Master Terms shall prevail.


3. USE OF SERVICES AND CONTENT

3.1Subscriptions. Unless otherwise provided in the applicable Order Form, Services and access to all Content are purchased on a subscription basis per user. You acknowledge and agree that you have read, understood and agree to these Master Terms when placing your electronic signature on an online Order Form or by signing a hard copy Order Form. We reserve the right to reject any Order Form to provide the Services at our absolute discretion including but not limited where we believe that you do not comply with these Master Terms. Any free services are provided by us, at our sole discretion, for the duration and under the conditions we determine from time to time. Additional subscriptions may be added via a new Order Form during a subscription term as an add on to the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the additional subscriptions are added. Any added subscriptions will terminate on the same date as the underlying subscription. All pricing of subscriptions is subject to an Order Form presented by us.
3.2User Names and Passwords. Acting in our sole discretion, we shall issue a username for an Authorized User, based on the number of users outlined in the Order Form. A username shall only be issued by us upon receipt of a valid email address for the Authorized User provided that: usernames shall not be issued for general email addresses that are not specific to an individual; and usernames shall not be issued for email addresses that are not related to the Client's email address. The Client shall, and shall procure that each Authorized User, keep a username and password for the use of the Services secure and confidential and shall not reveal the username and password to any other person, and shall not share login credentials with any other person, regardless of whether such person is an employee of the Client's company or not. The Client acknowledges and agrees that the Client shall be wholly responsible for all activities that occur through the use of the Client and/or the Authorized User's usernames and passwords. The Client shall immediately notify us of any unauthorized use of the usernames and/or passwords.


4. RESPONSIBILITIES

4.1Our Responsibilities. We will make the Services and Content available to you pursuant to these Master Terms and the applicable Order Forms, as well as provide applicable PF Expert standard support for the Services outlined on your Order form, and use commercially reasonable efforts to make the online Services available, except for: (i) planned downtime (of which we shall give advance electronic notice), and (ii) any unavailability caused by circumstances beyond our reasonable control, including but not limited to, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving our employees), pandemic or epidemic, Internet service provider or other utilities provider failure or delay, denial of service attack, or other technical difficulties.
4.2Your Responsibilities. You shall be responsible for: compliance with these Master Terms and your applicable Order Forms; the accuracy, quality and legality of any and all Data imported or submitted to PF Expert or any of its Affiliates; the means by which you acquired your Data shall be through legal means and avenues; compliance with the DPA; using your best efforts to prevent unauthorized access to or use of your account, subscription, or these Services and Content provided by PF Expert or any of its Affiliates. You shall notify us promptly if there is any such unauthorized access or use; and comply with all applicable laws and government regulations when it comes to the use of the Services. You shall not be permitted to do the following: Make any of the Services or Content of ours or its Affiliates available to, or use any of Services or Content of ours or our Affiliates for the benefit of, anyone other than you unless expressly stated otherwise in an Order Form; Sell, resell, license, sublicense, distribute, make available, rent, lease, transfer, or make available any Service or the Content of ours or our Affiliates, or include any Service or Content of ours or our Affiliates in any service bureau or outsourcing offering; Use any Service of ours or our Affiliates to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of any third-party privacy rights; Use any Service of ours or our or its Affiliates to store or transmit Malicious Code; Interfere with or disrupt the integrity or performance of any Service of ours or our Affiliates or third-party Data contained therein; Attempt to gain unauthorized access to any Services or Content of ours or our Affiliates or any its related systems or networks; Authorize any direct or indirect access to or use of your account or subscription or any Service or Content of ours or our Affiliates in a way that circumvents a contractual usage limit set out in the relevant Order Form, or use any of our Services to access or use any of our intellectual property except as permitted under these Master Terms or in an Order Form between you and us; Copy or reverse engineer any Service provided by us or our Affiliates or any part, feature, function or user interface thereof; Copy any Content of ours or our Affiliates; Frame or mirror any part of any Service or the Content of ours or our Affiliates, other than framing on your own intranets, account, subscription or otherwise for your own internal business purposes; Access any Service or Content of ours or our Affiliates in order to build a competitive product or service or to benchmark with a non-PF Expert product or service; or allow any third-party to directly or indirectly access your account or subscription thereby allowing them to do the same.
4.3Removal of Content. If we are required by a third-party to remove Content or Data, receive information that Content or Data provided to or by you may violate applicable law or third-party rights, or receive a data subject request under an applicable data protection regulation, then we may so notify you and in such event, you shall be required to promptly remove such Content or Data from your PF Expert systems and/or account. If you do not take immediate required action in accordance with the above, we reserve the right to disable the applicable Content, Data, or your further use of the Services of us or our Affiliates until the potential violation is resolved, and that we are satisfied of the same.


5. FEES AND PAYMENT

5.1 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 provided whether in cash, credit card payments, or postdated cheques or other forms of payment as stipulated by an Order Form and in our sole discretion. You are liable for the costs incurred on all accepted Order Forms from the Start Date of each Order Form, which is specified within such Order Form or if no such date is specified from the date of acceptance of that Order Form, (which will be the date of signature) if nothing is stated in the Order Form.
5.2 If you have elected to pay via credit card, then please note that the service shall only become activated once the first payment or the sole payment (in the event of a lump sum payment upon the Contract) has been received by us.
5.3 If payment via credit card on a monthly basis was elected, then you shall be required to provide us with a security cheque at our direction and discretion. The security cheque shall be provided by you, within twenty-one (21) days of your acceptance of each Order Form. Failure to provide the security cheque(s) will result in the suspension of the Service, until such time that the security cheque(s) is provided to us.
5.4 In the event that any of the monthly fee owed by you pursuant to an invoice from us is successfully charged against your credit card then we reserve the right to present and cash any security cheque held by us. Please note that if the outstanding balance due towards the Order Forms is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the Order Forms.
5.5 Please note that if any invoiced amount is not received by us by the due date, then without limiting our rights or remedies, those charges may accrue interest at the rate of 1% per month of the outstanding balance.
5.6 Please note any cheque issued by you that “bounces” due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) calendar days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
5.7 The current Fees for the Service are specified in your Order Form. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but, switching or additions of special conditions to packages is at our sole discretion. If you wish to change your package during your Order Form then we reserve the right to amend any such terms in the Order Form including but not limited to the Fees.
5.8 You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features. The fees are paid in consideration of the Services and Contents provided on an “as is” basis as set out in section 8.2 below.
5.9 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.
5.10 If your access to the Services has been suspended for any reason during the term of your Order Form you will still be liable to pay any Fee due to us regardless of you receiving the Services.
5.11 If your access to the Services has been terminated for any reason during the term of your Order Form, then you shall be bound to all payments due under any applicable Order Form up to the point of termination.
5.12 We reserve the right to amend any terms in an Order Form, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment.
5.13 We shall notify you in writing of any amendments related to fees. For Contracts that automatically renew pursuant to clause 11.1(d) herein, all fee related amendments shall apply to the renewed Contract from the Start Date of the renewed Term.


6. PROPRIETARY RIGHTS AND LICENSES

6.1Reservation of Rights. Subject to the limited rights expressly granted hereunder, we and our licensors and content providers reserve all of our/their rights, title and interest in and to the Services and Content of Property Finder and its Affiliates, including all of our/their related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
6.2Access to and Use of Services and Content. You have the non-exclusive, non-transferable right to access and use applicable Services and Content subject to the terms of the relevant Order Forms and these Master Terms. You acknowledge that all intellectual property rights in the Services and the Content throughout the world belong to or are licensed to us, that rights in the Services and Content are licensed to you, subject to a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license, and that you have no rights in, or to, the Services and the Content other than the right to use them in accordance with the terms of this License. You acknowledge that you have no right to have access to the Services in source code form or in unlocked coding.
6.3License to Host Your Data and Applications. You hereby grant us a worldwide, limited-term, royalty-free license to host and broadcast your Data as you designate via use of the Service, including any program code created by or for you using our Services, as reasonably necessary for us to provide the Services in accordance with these Master Terms.
6.4License to Data. You hereby grant us a worldwide, irrevocable, royalty-free license to the Data that you import, upload, or make part of the Services, including the PF Expert system. Such license shall exclude all Personal Data, which will be governed by the DPA.
6.5License to Use Feedback. You grant to us and our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our and/or our Affiliates' Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you or users relating to the operation of our or our Affiliates' Services.


7. MINORS

7.1 We do not knowingly collect or otherwise process personal information from anyone under 18 years of age, or otherwise not capable of entering into contracts under applicable law. You understand and agree that anyone under 18 years of age, or otherwise not capable of entering into contracts under applicable law, are not permitted to use our Services.


8. RESPONSIBILITIES

8.1Representations. You represent that you have validly entered into these Master Terms and have the legal power to do so. If you do not, then you are not permitted to enter into these Master Terms and to use the Services and Content of Property Finder and its Affiliates, and should terminate use thereof effective immediately.
8.2Disclaimers. Except as expressly provided herein, we do not make any warranty of any kind, whether express, implied, statutory or otherwise, and specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law. Content and beta services are provided “as is,” exclusive of any warranty whatsoever, including without limitation warranty for the accuracy and completeness of the Services, Content, any information, text, graphics, links or other items contained in the Services or Content. We disclaim all liability and indemnification obligations for any harm or damages caused by any third-party hosting providers, transmission of a computer virus, worm, time bomb or other such computer program.


9. INDEMNIFICATION

9.1Indemnification by You. You hereby agree to defend us against any claim, demand, suit or proceeding made or brought against us (or against you and by which we are a named party) by a third party alleging that any of your Data infringes or misappropriates such third party's intellectual property rights or applicable data protection regulations, or arising from your use of the Services or Content in violation of these Master Terms, the DPA, any Order Forms, or pursuant to any applicable laws (each a “Claim Against Us”), and you will indemnify us from any and all claims, actions, suits, demands, damages, liabilities, losses, costs, and expenses, including but not limited to attorney fees and disbursements, that are awarded against us as a result of, or for any amounts paid by you or us under a settlement approved by you in writing of, a Claim Against Us (or against you and by which we are a named party), provided however that we: (a) promptly provide you with written notice of the Claim Against Us (except if the claim is a claim against you by which we are a named party); (b) give you sole control of the defence and settlement of the Claim Against Us (except that you may not settle any Claim Against us unless it unconditionally releases us of all liability and further actions, suits, or claims), and (c) give you all reasonable assistance, at your sole expense.


10. LIMITATION OF LIABILITY

10.1Limitation of Liability. In no event shall our, or our Affiliates', aggregate liability arising out of or in connection with these Master Terms or the DPA, exceed the total amount of fees paid by you for such Services that gave rise to the liability in the twelve months preceding the first incident out of which the liability arose. The aforementioned limitation will apply whether an action is in contract or tort, and regardless of the theory of liability brought forth, but will not, however, limit your payment obligations under the “Fees and Payments” section herein these Master Terms.
10.2Exclusion of Consequential and Related Damages. In no event shall Property Finder or its Affiliates have any liability arising out of or related to these Master Terms and the DPA for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages, regardless of whether an action is in contract or tort, and regardless of the theory of liability, even if your remedy otherwise fails as to its essential purpose. This disclaimer shall not apply to the extent that law prohibits it.


11. TERM AND TERMINATION

11.1Term and Termination. These Master Terms commence on the date you start using the Services or the date of Acceptance (whichever is earlier) and continues until all your subscriptions hereunder have expired or have been terminated by us and subject to the following: Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstance. Unless otherwise expressly stated in the Contract or terminated earlier in accordance with its terms, the term of your Contract will commence on the Start Date specified in the Order Form and continue for the period outlined on such Order Form (“Term”); The Contract renewal type shall be outlined on the Order Form. Renewal types specified as “evergreen” or “automatic renewal” shall automatically renew at the end of the Term for an additional period equal to the Term of this Contract. In order to opt out of the automatic renewal of the Contract, you must provide a written notice at least 30 calendar days in advance of the end of the Term, which clearly formalizes this decision. Following the expiry of the Term, your contract will expire unless you renew your Contract with us, in which case the terms and package may be subject to changes. We may terminate this contract at any time for any reason provided that seven (7) days' written notice has been provided to you. Should you continue to use the Service following termination of the contract, you shall remain liable for any and all costs incurred by you as is outlined in the applicable Order Forms and outlined by these Master Terms.
Without limiting our other rights, we may, within our discretion, immediately sanction you, or suspend or limit the Service and/or temporarily remove details of any Data, uploaded by you and/or terminate this Contract if: you fail to pay any fees, charges, or taxes due to us by the due date, or provide any security cheques as stipulated in the Contract; you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification; in our sole judgment, you threaten the security, integrity, or availability of our Services; any material supplied by you is false, misleading, offensive, or against public policy; any material supplied by you is unlawful or violates any copyrights, trademarks, or other intellectual property rights of any third party; you have engaged in any unlawful actions while using or accessing our Services or Content shall be subject to sanctions and limitations as determined in our discretion; you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
11.2Your Data Portability and Deletion. Upon written request by you made within 15 days after the effective date of termination or expiration of these Master Terms, we will make your Data available to you for export or download. As mentioned herein these Master Terms, such Data may become unavailable after 30 days, as a result of the closing of your account. After such 30-day period, we will have no obligation to maintain or provide any of your Data.
11.3Surviving Provisions. The following clauses and provisions shall remain in full force and effect after the termination or expiration of these Master Terms: 3.2, 4.2, 5, 6, 8, 9, 10, 11.3, 12, 13, and the DPA.


12. NOTICE

12.1Manner of Giving Notice. Except as otherwise specified in these Master Terms, all notices related to these Master Terms will be in writing and will be effective upon (a) personal delivery, (b) mailing or courier service by which the recipient signs for upon receiving such notice and (c) delivery by electronic mail.


13. GENERAL PROVISIONS

13.1Incorporation by Reference. The provisions of the DPA form an integral part of this Contract and are incorporated herein by reference with the same force and effect as though fully set forth herein. In the event of any inconsistency between any provision of the DPA and the remainder of these master Terms, the text of the DPA shall be deemed to control.
13.2Entire Agreement. These Master Terms, your Order Form, and the DPA constitute the sole and entire agreement between you and us regarding your use of our Services and Content and supersedes all prior and contemporaneous agreements, proposals or representations, whether written or oral, concerning its subject matter.
13.3Amendment. We may change these Master Terms at any time on written notice. You acknowledge that our publishing of the amended version of the Master Terms at this link on our website constitutes written notice to you of such changes. No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
13.4Assignment. You may not assign any part of the Service and/or your obligations set out in the Contract without our prior written consent.
13.5Relationship of the Parties. The parties are independent contractors. These Master Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties..
13.6Third-Party Beneficiaries. There are no third-party beneficiaries under these Master Terms.
13.7Waiver. No failure or delay by either party in exercising any right under these Master Terms will constitute a waiver of that right.
13.8Severability. If any provision of these Master Terms or the DPA is/are held by a court of competent jurisdiction to be contrary to the law, or deemed invalid, then that specific provision will be deemed null and void, but the remaining such provisions shall remain in full force and effect.
13.9Governing Law and Jurisdiction. These Master Terms and any non-contractual obligations arising in connection with these Master Terms and your access to and use of the Services and Content shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC) in the Emirate of Dubai, United Arab Emirates. You agree to submit to the exclusive jurisdiction of the Courts of the DIFC.