Advertiser Terms & Conditions
Propsearch Terms & Conditions - Free Advertising Trial Last updated on 1st September 2017 Definitions In these Advertiser Terms and Conditions the following terms shall have the following meanings: "Advertiser" means the Real Estate Agency (or Real Estate Brokerage) or Property Developer; "Agreement" or "Contract" means a contract for Services between Propsearch and the Advertiser governed by these Terms and Conditions; "Content" means any and all advertisement content (including property details, photographs and videos) supplied or made available by, or on behalf or on the instruction of the Advertiser to Propsearch; "End User" means a person using the Website to perform a property related search eg. a buyer, renter, investor or realtor. "Lead" means either an email or telephone call received by the Advertiser from buyers, renters, owners or any other party, who has contacted the Advertiser using the contact form or contact details supplied on the Website; "Listing" means an individual property advertisement (including images) as provided by the Advertiser; "Propsearch" or "the Company" means Propsearch LLC, registered in the United Arab Emirates, licence number 1700479.01 whose Registered Office is at Office 404, Building B, Al Saaha Offices, Old Town Island, Dubai, United Arab Emirates; "RERA" means Dubai’s Real Estate Regulatory Agency; "Services" means the services to be provided by Propsearch which may include any, or a combination, of the following: Displaying the Advertiser's properties on the Website. Providing the Advertiser with a listing within the agent directory on the Website. The provision of Leads to the Advertiser. The provision of reports and access to reporting tools to the Advertiser. Any other services provided by Propsearch from time to time. "Upload System" means any system that the Advertiser uses to supply Content to the Website; "Website" means the website located at http://www.propsearch.ae 1. Contract between Propsearch and the Advertiser 1.1. No Contract shall exist until means of Content provision has been made available to Propsearch by the Advertiser in writing (in the case of email it must originate from the Advertiser’s official company domain name) whereupon Propsearch and the Advertiser shall be deemed to have entered into a legally binding Contract on the Advertiser Terms and Conditions set out herein; 1.2. This Contract shall constitute the entire agreement between the parties to the exclusion of all previous terms and conditions; 1.3. From time to time Propsearch may amend these Advertiser Terms and Conditions and reserves the right to do so in its absolute discretion with or without prior notice to the Advertiser. Any changes will be posted on the Website and become effective at the time of posting; 1.4. Propsearch reserves the right to refuse to enter into a Contract or provide any Services to an Advertiser at its absolute discretion including where it believes (i) that party is not providing the services of an Agent or Developer (as determined by Propsearch's advertising criteria) or (ii) that the quality of its Content is not or will not be of a professional standard commensurate with that of its Advertisers generally; 2. Services 2.1. Subject to these Advertiser Terms and Conditions, Propsearch will: 2.1.1. add the Advertiser’s property listings to the Website’s database and provide the means for End Users to search its database based on inputted criteria including, but not limited to, budget, location and number of bedrooms; 2.1.2. provide the End User with the Advertiser’s phone number and an email contact form adjacent to the Content; 2.1.3. commit to update the Advertiser’s Content at least 3 times every 24 hours to ensure the Content is reasonably up-to-date; 2.2. Propsearch may vary the Services from time to time with or without notice to the Advertiser; 3. Content and Obligations 3.1. The Advertiser warrants and represents that: 3.1.1. it is a RERA registered Real Estate Agency and has a valid trade licence; 3.1.2. Content will comply with all applicable laws, regulations and codes of practice in the United Arab Emirates and will not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever; 3.1.3. it is responsible for the integrity of the Content which is in all respects true, complete and accurate to the best of the Advertiser's knowledge and belief and the Advertiser shall promptly update or correct Content on becoming aware of any errors or inaccuracies and shall provide such assistance as Propsearch shall reasonably require to identify and remedy any unauthorised use of Content; 3.1.4. within no more than 3 Working Days of (i) a sale or leasing contract being entered into in respect of a property, or (ii) the property being taken off the market, the Advertiser will remove the property from the upload provided to Propsearch so that it is no longer displayed on the Website; 3.1.5. it has the authority to market the properties in the Content; 3.1.6. it holds all necessary authorities, consents and licences necessary to use, display, reproduce or publish the Content and has authority to and grants Propsearch a licence of the Content; 3.1.7. it shall not use Propsearch's name or Logo in a defamatory or derogatory manner or in any way that might bring Propsearch or its employees into disrepute nor shall the Advertiser misuse or deface (or allow to be misused or defaced) any marketing materials provided to it; 3.1.8. it will abide by any applicable industry code of conduct or guidelines issued by RERA; 3.1.9. it will provide a contactable telephone number and email address for each listing; 3.1.10. it shall ensure that only its authorised persons have access to the Services and the Upload Systems and that where it provides Content via the Upload Systems the Advertiser agrees to use this format to display details of the property only and not to use these areas to advertise ancillary company information; 3.1.11. It has the relevant RERA permit licence to advertise the listings that it includes in its Upload System.. 3.2. Propsearch may refuse to display individual images within a listing where: 3.2.1. it deems the image(s) to be out-dated to the extent to which they could be considered misleading to the End User; 3.2.2. it deems the image(s) to be of poor photographic quality including, but not limited to, photographs which appear out-of-focus, blurred, underexposed, overexposed, oversaturated, of incorrect orientation or too small; 3.2.3. the image features overlaid graphics including, but not limited to, graphic borders, banners, text, numbers or symbols. This does not include a single subtle watermark of the Advertiser’s logo which is considered acceptable; 3.2.4. it has reason to believe that the image has been stolen or that Advertiser does not otherwise have permission to use the image; 3.2.5. the image is found to be an exact or near exact duplicate of another image within the same listing; 3.2.6. the image portrays a person in the foreground; 3.3. The Advertiser acknowledges and agrees that: 3.3.1. Listings with less than 5 acceptable images will not be eligible for display on the Website. This calculation will be made after the screening process is made as specified in 3.2 above; 3.3.2. Propsearch is not under any obligation to monitor or censor the Content that appears on the Website but it reserves the right to do so; 3.3.3. Propsearch is not responsible for any errors or omissions in any Content; 3.3.4. technological failure may impede the provision of the Services or prevent access to all or any part of the Content displayed on the Website. Propsearch makes no representation or warranty that the Website, the Services or the Content will be accessible or available at all times, or that the whole or any part of the Website or Services or the Content will be free from error and while Propsearch will make reasonable endeavours to notify the Advertiser in advance, it may suspend temporarily or alter the operation of the Website or Services without notice to the Advertiser; 3.3.5. The ordering of the search results is dependent upon the End User preferences and the overall quality of the individual Listings as determined by Propsearch. This ordering cannot be and will not be altered or manipulated by any financial incentive nor will the inner workings of the sort algorithm be disclosed by any member of Propsearch’s staff; 3.3.6. Propsearch may limit (i) the number of properties that may be displayed per Advertiser and (ii) the number of images per listing that may be displayed by the Advertiser; 3.3.7. in providing the Services, and in order to provide information of other Propsearch products and services, Propsearch may contact the Advertiser by email and the Advertiser shall maintain a valid working email address and shall immediately notify Propsearch of any change of e-mail address; 4. Liability 4.1. All warranties, conditions, representations or other terms implied by statute or common law in relation to the Website and Services provided to the Advertiser by Propsearch are excluded to the fullest extent permitted by law; 4.2. Propsearch shall not be liable to the Advertiser under or in connection with the Contract for any loss of business, contracts, profits, anticipated profits, savings or data, or for damage to hardware and software, or for any indirect, special or consequential loss or damage whatsoever; 4.3. Propsearch shall not be liable for any liability caused by the Advertiser's breach of the Contract; 4.4. Propsearch shall not be liable to the Advertiser for any liability of whatever nature incurred as a result of the Advertiser using, altering or manipulating any data provided by Propsearch or changing the manner in which such data is represented; 4.5. The Advertiser accepts full liability for and shall indemnify Propsearch on demand against any and all claims, losses, damages, costs and expenses (including reasonable legal and other professional fees) incurred by Propsearch in relation to any third party claim arising from the Content or misuse by the Advertiser of the Services except to the extent that the foregoing results directly from the negligence of Propsearch; 5. Confidentiality 5.1. Propsearch and the Advertiser agree to keep any and all Confidential Information that is obtained about each other strictly confidential. "Confidential Information" means any information or matter concerning the business, finances, technology or affairs of the other party which is not in the public domain (other than by breach of this clause) but shall not include any information that either party is required to disclose by law or which has come into the public domain other than by breach of this clause. This clause shall survive termination of the Contract; 5.2. Propsearch is an independent entity with no affiliation with any Real Estate Company, Realtor or Property Developer anywhere in the world; 6. Data Protection 6.1. Personal information acquired via Leads from End Users will be encrypted before being forwarded to the Advertiser and shall only be accessible by the Advertiser. Propsearch will handle this data in the strictest confidence and it will never be sold or shared with any third party; 7. Termination 7.1. The Contract shall continue until terminated in accordance with these Advertiser’s Terms and Conditions; 7.2. The Advertiser may cancel the contract immediately at will by giving written notice to Propsearch. If notice is given via email the email must originate from the Advertiser’s official company domain name. All of the Advertisers Listings will be immediately removed from the Website upon receipt of this notice; 7.3. In the event that Propsearch wishes to terminate the Contract it will give the Advertiser one calendar month's written notice and may, but is not obliged to, offer the Advertiser an option to subscribe to a paid subscription; 7.4. Propsearch may immediately suspend provision of the Services or access to or temporarily remove any Content from the Website if the Advertiser breaches the Contract and fails to rectify that breach immediately upon receipt of notice requiring rectification; 8. General 8.1. Nothing in these Advertiser Terms and Conditions shall be deemed to create an exclusive arrangement between the Advertiser and Propsearch nor any agency, partnership or joint venture between the parties; 8.2. If any provision of the Contract shall be held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected; 8.3. No failure or delay by Propsearch or the Advertiser in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver of any breach of the Contract shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Contract shall be deemed to be a waiver of any subsequent or other breach of the Contract; 8.4. The Contract shall be governed by and construed in accordance with UAE law and Propsearch and the Advertiser submit to the exclusive jurisdiction of the UAE courts.