In this Agreement, the following definitions apply:

“Account” means the master or primary account in respect of your Subscription;

“Applicable Law(s)” means any law, statute, rule, regulation, code, decree, judgment, directive, by-law, order, guideline or other legislative measure (whether or not having the force of law but which, if not having the force of law, is generally complied with) of any government, statutory, regulatory, self-regulatory or similar body, authority or court, as amended, replaced, re-enacted, restated or reinterpreted from time to time;

“Brand” means the Property Finder brand and all Intellectual Property Rights owned or used by Property Finder;

“Content” means any and all content in respect of (i) a Listing, including all its details such as photographs, images, videos, prices, amenities, distances, plans etc.; (ii) your details, including the photographs and details of your employees, contractors, licensed agents and/or brokers; and (iii) your Intellectual Property Rights;

“Contract” means, your universal contract with Property Finder and includes your Order Form(s), this Agreement, and where applicable, Product Specific Terms and Conditions;

“Contract Term” means, the duration of the Contract, as specified in your Order Form;

“Credit(s)” means each pre-paid credit delivered to your Account, to be used by you to display your Listings;

“Credit Package” means the package of Credits purchased by you, to be delivered to your Account periodically or on a lumpsum basis;

“Credit Term” means the periodic cycle as specified in your Order Form, at the beginning of which, a pro rata portion of the Credits from your Credits Package are delivered to your Account, and by the end of which such Credits must be used by you to display a Listing;

“Customer Tier” means the segment or tier assigned by us to your Subscription, based on criteria that we determine and modify, from time to time, in our sole discretion. Your Customer Tier will be specified on your Order Form;

“Data Protection Laws” means those laws applicable to the collection and processing of personal data in relevant jurisdictions;

“Disqualifying Event” has the meaning set out in Section 4.3;

“Division Account” means the sub-account that is provided by us, at our sole discretion, to you in relation to your Subscription;

“Fee(s)” means the total amount due to Property Finder by you under the Contract and specified in the Order Form, and which may be divided into periodic payments, all of which are payable by you to us, including upon termination of the Contract;

“Intellectual Property Rights” or “IP” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, trade names, logos, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;

“Listing” means the Content in respect of a real estate property displayed by you on our Platforms;

“Listing Package” means the pre-determined number of Listings (whether ‘Standard’, ‘Featured’, ‘Premium’ or a combination thereof) ordered by you, as reflected in your Order Form;

“Listing Term” means the period during which your Listing will be displayed on our Platform;

“Listing Token(s)” means, in case of a Listing Package, the number of Listings that can be displayed by you on our Platform, as specified in your Order Form;

“Location(s)” means the physical location identified on your Order Form or a location where we deem you have the right to promote your Listings;

“Mobile Application” means the mobile application developed and operated by Property Finder, including its regional releases;

“Order Form” means the order form indicating (i) the Services under your Subscription; (ii) the Fee payable by you; and (iii) other material terms relevant to your Subscription;

“Platform(s)” means the Mobile Application, Website and any other technological platforms or innovations used and/or operated by us to deliver the Services;

“Product(s)” means the technological innovation owned and developed by us to provide the Service (or a portion thereof) to you;

“Product Documentation” means the documentation containing the description and specification of each of the Services;

“Property Seeker(s)” means visitors or consumers who use the Platforms to browse, buy and/or rent real estate properties;

“Product Specific Terms and Conditions” means additional terms and conditions that relate to specific Product and/or Services and, in addition to this Agreement, apply to you and your Subscription;

“Service(s)” means the service(s) provided by Property Finder, as specified in your Order Form, and described in detail in the Product Documentation;

“Sole Agent Form” means a form approved by us and signed by the property owner or the property owner’s authorised representative granting you or your agent the exclusive right to market, rent or sell a specific real estate property;

“Sole Listing Rights” means the right to have a particular property advertised exclusively through you or your agent, as set out in a Sole Agent Form;

“Subscription” means your entitlement to the Service(s), subject to payment of the Fee and the terms of your Contract;

“Top-Up Credit” means any additional Credit(s) that you purchase within a Credit Term, to be activated and utilized during the Credit Term;

“Upgrade Credit” means an upgrade to your Credit Package which increases the Credits delivered to you (and the amount payable by you) during each Credit Term of the remaining Contract Term;

“User” means a legal person (i) who is authorized by you to use a Service; (ii) for whom you have ordered the Service; (iii) and to whom a user identification and password has been created by you, as part of your Subscription;

“User Account” means the sub-account that is created by you for your Users in relation to your Subscription;

“Website” means https://www.propertyfinder.ae, and includes all regional domains (ccTLDs) registered to Property Finder;

“we”, “our”, “us”, or “Property Finder” means the applicable Property Finder contracting party (see Section 15 below) and its affiliates, subsidiaries, holding company and their respective employees, officers, agents, and/or assigned parties;

“you”, “your”, or the “Customer” means you, who is either a licensed real estate broker or agent; or a licensed real estate brokerage firm, developer and/or hotel apartment provider, and subject to your Contract, a recipient of the Service(s);

“your Affiliates” means a company or any other legal person affiliated to you, including your affiliates, holding company, subsidiaries, branch office within your group, and includes their respective employees, officers, agents and permitted assigns.

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

1. by pressing the “Confirm Order” button when submitting an online Subscription Order; or
2. by signing a hard copy Subscription Order.

1. you have requested a Service which is not available to you;
2. we believe you are not providing the services of a licensed real estate broker, developer, hotel apartment provider, property owner, or person or entity acting on behalf of a property owner; or
3. we believe that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.

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 country, region, providence, state or emirate permitted by your Subscription Order. If your Subscription Order fails to state any specific country, region, providence, state or emirate, then you shall only advertise properties that are currently available for purchase or lease within the country in which the Property Finder domain that you are listing on is located;
3. if relevant, be the holder of a current license as a real estate broker, hotel apartment or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or the otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
4. if you are a property owner or person or entity acting on behalf of a property owner, provide all documentation as requested by us to prove your ownership of the relevant property, or your authority to act on behalf of the property owner (including but not limited to any power of attorney);
5. have, and during the Listing Term maintain, the rights to market and rent or sell the properties listed in the Qualifying Listing in relation to which you have made a Listing Request;
6. inform us promptly if you lose the rights to market and rent or sell the property listed in the Qualifying Listing in relation to which you have made a Listing Request;
7. 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;
8. abide by any applicable rules and regulations related to electronic transactions and commerce;
9. 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;
10. in your use of the Service, comply with all applicable laws and the Contract;
11. 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;
12. if applicable, obtain the authority to market the properties in the Content; and
13. ensure that the properties listed by you in the Content are only listed (including by any associated offices in your real estate group) once;
14. hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and that you have the authority to and grant us a license of the Content on the terms set out in clause 3.3 (c);
15. 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;
16. 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
17. ensure that only your authorized persons have access to the Services.

1. no other person, authorized or otherwise, makes use of your Membership of the Service; and
2. you do not make any promotional or merchandising reference to us or our Website without our express written permission.

1. we have the right to reject any Subscription Order, or refuse to provide any Service to you for any reason in our absolute discretion;
2. you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
3. 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;
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. systems or technological failure may impede or prevent access to all or any part of the property data;
6. 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;
7. 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;
8. you are responsible for the security and integrity of your data;
9. 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;
10. transmission of data over the Internet can be subject to errors and delays; and
11. 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.

1. be registered as an “admin” or “agent” user in our Manager CRM System, and have a valid and active Membership with us;
2. have sufficient Credits in your account for the Qualifying Listing for the current Credit Term;
3. submit Listing Request via our Manager CRM System.

1. the property listing in relation to which you want to use the Credit is a Qualifying Listing;
2. the Contents in relation to the Qualifying Listing are in compliance with the Terms and Conditions and our guidelines, issued from time to time, including but not limited to Content guidelines; and
3. you have sufficient Credits in your account for Qualifying Listing for the current Credit Term.

1. You unpublish the Qualified Listing;
2. The Contract T erm has expired;
3. Your Qualifying listing has been removed, disqualified in accordance with clause 8.5, suspended, or otherwise impacted pursuant to the provisions of these Terms and Conditions.

1. You toggle the “auto-renew” toggle in our Manager CRM System to the “off” setting.
2. You unpublish the Qualified Listing;
3. The Contract T erm has expired;
4. Your Qualifying listing has been removed, disqualified in accordance with clause 8.5, suspended, or otherwise impacted pursuant to the provisions of these Terms and Conditions.

1. is not unlawful, defamatory, false, misleading, deceptive or against public policy and that the Content will not expose us to any liability, legal proceedings or other sanction;
2. does not infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
3. is in all respects true, complete and accurate to the best of your knowledge and belief and that you will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
4. will comply with the propertyfinder.ae image guidelines and any other guidelines set by us from time to time;
5. will comply with any pre-set listing requirements defined by us, including but not limited to ensuring the format is compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as provided by us, and not to use these areas to advertise ancillary company information;
6. refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
7. will only be listed one-time and that you will not remove and re-list the same Content on the Website which results in the listing re-appearing as a new listing; and
8. that is false or irrelevant will not be placed in an fields that you have access to load information into. You must use fields for inserting information that is intended for those fields and is true and accurate.

1. we are not under any obligation to monitor or censor the Content generated by you or any users of the Service that appears on our Website, however we reserve the right to do so, in our absolute discretion, at any time and without notice to you;
2. we may remove, cause to be removed, amend or decline to display any Content on the Website, or direct you to modify Content to meet the requirements of these Terms and Conditions;
3. we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content);
4. we may suspend, restrict, and/or limit your use of the Services, or terminate this Agreement in accordance with clause 8 if you fail to comply with the terms of this clause 6; and
5. using the Service to advertise your business or its services other than real property for sale or lease, is not acceptable. Each listing uploaded by you must be a bona fide listing of real property for sale or lease. Any reference to material other than listing details for a property or Development must receive our written approval prior to being submitted through the Service.

1. we do not guarantee any minimum number of leads or any leads or impressions, unless otherwise stated in the Subscription Order at all as a result of your Membership;
2. You cannot pause, cancel, or get a refund for any Credit, including but not limited to if a Qualifying Listing is not listed online or offline during part or whole of the Listing Term, or you decide to change the type of product used for that Qualifying Listing e.g. by upgrading from a standard listing to a premium listing.
3. Any loss of a Credit that results from a Disqualifying Event shall not be subject to refund or compensation of any kind.
4. once a Listing Request has been accepted, you cannot pause the Service or change the applicable listing;
5. once a Listing Request has been accepted, we do not guarantee that any changes to the Qualifying Listing made after such time will be reflected on any banners or Content;
6. you will not use any tracking data obtained by dropping cookies or using tracking tools on our Website to target, retarget, advertise or interact in any way with visitors or users of the Website; and
7. the Services require upfront payment and such payment must be made prior to the Services being provided;
8. you cannot use Credits or the Service if you have any other Subscription Order other than PF Flex in place with us;
9. Credits can only be used in relation to Qualifying Listings and can only be redeemed against standard listing, featured listing, and premium listing products. Such use is excluded against any type of single-use listing product, including single-use premium listings.

1. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
2. there are any changes to the Qualifying Listing, including but not limited to number of bedrooms, number of bathrooms, location and property type;
3. the Qualifying Listing going under offer, sold, rented or foreclosed upon;
4. failure of the Qualifying Listing to meet the provisions of Clause 5.1;
5. listing of the Qualifying Listing under a price which does not match the request of the property owner or the property owner’s representative;
6. we decide, at our sole discretion, to stop providing the Service.
7. 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;
8. 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.
9. 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
10. 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.

1. exclude all conditions and warranties implied into the Contract;
2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
3. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
   1. resupplying the Service; or
   2. paying the cost of having the Service resupplied; and
4. limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.

1. any breach of your obligations under your Contract with us; or
2. any delay in performance or breach of your Contract which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Website.
3. You indemnify us and our officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.