Terms Of Service

These Terms of Service (this “Agreement”) contain the terms and conditions that govern your access to and use of the Services and Platforms (as defined below) and is an agreement between Sheraz Properties Contracting Party specified in Section 15 below (“Sheraz Properties”, “Company” “we”,“us” or “our”) and you or the entity you represent (“Customer”, “you” or “your”).

This Agreement takes effect either when you execute an order form (or an advertising agreement) with us, when accessing our Website (or Platform) or when using our services (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. In the event of a conflict between this Agreement and the Order Form (or the Advertising Agreement), this Agreement shall prevail. Please see Section 15 for definitions of certain capitalized terms used in this Agreement.

Please note that Sheraz Properties may modify the terms and conditions of this Agreement in accordance with Section 14.
By indicating your acceptance of this Agreement, executing an order form and/ or an advertising agreement with Sheraz Properties or accessing or using the Sheraz Properties service, you are agreeing to be bound by all terms, conditions and notices contained or referenced in this Agreement. If you do not agree to this Agreement, please do not use the Sheraz Properties service. For clarity, each party expressly agrees that this Agreement is legally binding upon it.

1. Scope And Application Of The Contract

1.1. The Contract is effective between you and us. Your Affiliates may not use the Services under your Contract and must enter into a separate contract with us.
1.2. Your Contract, including this Agreement, governs (i) the activity on your Account, the Division Accounts, the User Accounts; and (ii) the use of the Platforms by your Users. Your obligations under the Contract apply to your Users as well.
1.3. You accept your Contract (i) by signing your Order Form or the Advertising Agreement (either digitally or by physical means); (ii) through the use of the Services; or (ii) by continuing to use the Services after being notified of a change to this Agreement.
1.4. There may be circumstances where you are entering into the Contract on behalf of a company or any other legal person affiliated to you. In such cases:
a) you warrant and represent that you have the authority, necessary licences, permits and consents to enter into the Contract on behalf of such company or legal person. We can direct you to furnish proof thereof.
b) you will (prior to the commencement of your Contract) provide us a copy of the relevant Government Identity issued to you.
c) you and the company or legal person are jointly and severally liable in respect of all the obligations under your Contract.
1.5. We reserve the right to reject any Order Form (and any Advertising Agreement) or refuse to provide any Service at our absolute discretion, including if:
a) you are not a licensed real estate agent, broker, developer or hotel apartment provider;
b) you do not have the authority to act on behalf of the owner of a property for which Listings are published.
c) you are not in compliance with Applicable Law.

2. Your Responsibilities

2.1. You warrant and represent that you will:
a) only create Listings for properties that are available to buy or rent;
b) be the holder of a valid license as a real estate broker, hotel apartment or real estate developer in the Location;
c) obtain and possess necessary permits to market and publish the Listings on our Platforms. Upon request, you will provide certified proof of any required permits to us. You acknowledge that we hold no responsibility for your obtaining and possessing any of the required permits for publishing and marketing the Listings;
d) comply with and abide by all Applicable Laws, including circulars and guidelines concerned with real estate, or the subject matter of your Contract;
e) immediately remove the Listing upon (i) a property going “under offer”, (ii) a sale or leasing contract being entered into in respect of a property, or (iii) a property being taken off the market;
f) publish only one (1) Listing for a particular property (including through your Affiliates);
g) hold all necessary licenses, authorizations and consents to use, display, reproduce, publish the Content and have the capacity, authority and right(s) to grant us a license for the Content;
h) not infringe and/or use our Intellectual Property Rights, including in a manner that prejudices us or is harmful, defamatory or derogatory to our Brand or our reputation;
i) not misuse or corrupt (or allow to be misused or corrupted) any of the Services provided to you;
j) provide us with a valid telephone number where we can contact you. Where a trackable telephone number has been allocated to you, you will allow us to monitor telephone calls between you and any other party who has contacted you through our Platforms. You will take no actions that would interfere with such monitoring, and you agree that we and our suppliers may record such telephone calls;
k) ensure that only your authorized persons have access to the Services;
l) provide Content in a format compatible with any technical specifications issued by us from time to time;
m) if you are acting on behalf of a property owner, provide all documentation as requested by us to prove your authority to act on behalf of the property owner (including but not limited to any power of attorney);
n) have, and during the Listing Term maintain, the rights to market, rent or sell the properties specified in your Listings and will inform us promptly if you lose the rights to market, rent or sell the property set out in the Listing;
o) act in a manner that is consistent and compliant with Data Protection Laws and our Privacy Policy.
2.2. You acknowledge and agree that:
a) you have read and agree to be bound by the terms of all legal notices posted on the Platforms, including our Privacy Policy and our Cookie Policy;
b) by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize, reproduce, display, publish, copy, share, license to other persons and otherwise use the Content (or data or other information derived therefrom) for the purpose of performing our obligations under the Contract and/or to provide the Services. This license shall survive the termination of the Contract, provided that the advertising agreement with the property owner remains valid. You agree that unless required by Applicable Laws, we will not be required to identify you as the source of the Content in any medium through which the Content or any derivative thereof is published or displayed;
c) we are not responsible for any errors or omissions in the Content, and we make no warranty nor any representations about the accuracy or completeness of your Content;
d) you are responsible for, and must pay the cost of, all telecommunications and Internet access charges incurred when using our Platforms;
e) you are responsible for the security and integrity of your Content and data generally;
f) transmission of data over the Internet can be subject to errors and delays;
g) we may contact you from time to time to make you aware of opportunities, products and services offered by us or our affiliates and our business partners. You further give us your permission to contact you via telephone or any electronic media for that purpose;
h) we may immediately remove a Listing that is subject to the Sole Listing Rights of another agent;
i) you will not use any tracking data obtained by cookies or using tracking tools on our Platforms to target, re-target, advertise or interact in any way with visitors or users of the Platforms;
j) the Services will not be activated until payment of the Fee (or periodic installments thereof) has been received by us;
k) if you wish to use a third-party CRM providers to publish data on the Platforms using an XML feed, such CRM provider must (i) be on our pre-approved list of CRM providers; (ii) must expressly agree to and comply with our terms and conditions for CRM providers, published on our Platforms (“CRM Conditions”). A breach of the CRM Conditions by the CRM providers could result in a suspension of the feed. It is your responsibility to assure that your CRM provider complies with the CRM Conditions. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the CRM Conditions.

3. Content Quality Responsibilities

3.1. You warrant and represent that your Content and Listing:
a) is not (i) unlawful (nor does it encourage unlawful conduct), defamatory, false, misleading, obscene (including pornographic, hateful, racially, or ethically offensive material) and/or otherwise inappropriate, and (ii) having regard for the purpose of our Platforms, is not likely to cause offence or is against public policy, and (iii) will not expose us to any liability, legal proceedings or other sanction;
b) does not, in any manner, infringe our Intellectual Property Rights or the Intellectual Property Rights of any third party;
c) is in all respects true, complete and accurate and that you will promptly update or correct the Content on becoming aware of any errors or inaccuracies;
d) complies, and will continue to comply, with any guidelines we issue from time to time;
e) complies, and will continue to comply, with any Listing requirements defined by us;
f) refers only to details of a particular property and any reference to material other than the details for a property must receive our prior written approval;
g) does not directly or indirectly involve advertising or marketing anything other than a particular property; and
h) does not violate the terms, policies or agreements of third parties, including but not limited to our third-party service provider’s terms of use.
3.2. You acknowledge and agree that:
a) we are not under any obligation to monitor or censor the Content generated by you. However, we reserve the right to do so, in our absolute discretion, without notice to you;
b) we may remove, cause to be removed, amend or decline to display any Content or Listing on the Platforms, or direct you to modify the Content or Listing to meet the requirements of this Agreement or Applicable Laws;
c) we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Listing or Content uploaded or submitted to us for uploading (including the type of Content or the amount of Content); and
d) using the Service to advertise your business other than for property, is not acceptable. Any reference to material other than details for a property or real estate development must receive our prior written approval.

4. Credits And Listings

4.1. For you to manage a Listing you must:
a) be registered as an “Administrator” or “Agent” in our Customer management system;
b) have an Active Account; and
c) upload a Listing via our Customer management system.
4.2. You acknowledge and agree that:
a) we do not, in any manner, promise or guarantee any leads or minimum number of leads or impressions;
b) you cannot pause, cancel, or get a refund, including but not limited to if a Listing is not displayed during a part or for the entirety of the Listing Term
c) any loss of a listing slot that results from a Disqualifying Event shall not qualify for a refund or compensation of any kind.
d) all listing slots which have not been utilized in a given term will expire and will not roll over to the next term.
e) all listing slots which remain unused at the end of the Contract Term will be deemed to have been used and will automatically and permanently expire.
4.3. Without prejudice to any other rights available to us under this Agreement, we may remove any Listing from our Platform if any of the following events (each a “Disqualifying Event”) occur:
a) the details of the real estate property in a Listing, are inaccurate or misleading or if the property is unavailable for any reason;
b) the property set out in the Listing has been sold, rented or foreclosed upon, or is going under offer;
c) failure of the Listing to satisfy the Listing requirements defined by us;
d) the price or rent of a property set out in the Listing does not match the request of the property owner or the property owner’s representative; or
e) the Listing is subject to the Sole Listing Rights of another agent.

5. Fees And Payment

5.1. You shall pay the Fees to us through such methods of payment as we deem appropriate.
5.2. The Fees shall become due and payable by you at the start of the Contract Term. In the event that a periodic payment method is chosen by you, a pro-rata portion of the Fee shall become due and payable at the start of each Credit Term.
5.3. Subject to your payment of the Fee (or any instalment thereof) on or before it’s due date, your Account will be delivered with the number of listing slots set forth in the Order Form at the beginning of your Term.
5.4. In order to secure your payment obligations (in respect of the total Fees), we may demand, and you shall provide within a period of fourteen (14) days from start of your Contract Term (or such other period that we determine), a cheque for an amount equivalent to the total Fee. However, we may, at our sole discretion, limit the access to your Account after seven (7) days (ie., before the expiry of the fourteen (14) day period). Such cheque may be encashed by us, in the event that you default on your payment obligations (or any periodic instalment thereof). Any excess amount encashed by us (representing a value that you have already paid to us) shall be returned to you.
5.5. During the Contract Term, you are permitted to upgrade your account to increase the number os listings by submitting a new Order Form, which is subject to acceptance by us.
5.6. In all instances of payments, you acknowledge and agree that you are liable for any charges levied by the bank(s) or the credit card clearance providers.
5.7. You agree and acknowledge that it is your responsibility to submit adequate proof of payment (including any transaction reference numbers along with the unique identification number provided by us to you that may be required by us to reconcile the payment) to ensure there is no interruption in your Service.
5.8. In the event of payment through inter-bank / intra-bank transfers, you acknowledge and agree that your account will only be activated once such payment is received into our account, and it is your responsibility to initiate payments on-time to to ensure there is no interruption in your Service.

6. Prices And Taxes

6.1. We reserve the right to modify, from time to time, the prices for any Subscription, Credit, Credit Package, Listing Package, Product and/or Services. The Fee payable by you for your Credit Package and/or Listing Package shall not be modified by us during the Contract Term. However, you acknowledge and agree that the prices of any Upgrade Credits, Top-Up Credits, ad-hoc Products and Services that you purchase during the Contract Term is subject to change, and we may vary such prices at our sole discretion.
6.2. As part of your Subscription, you may receive certain Products and Services free of cost. This is not guaranteed, and we reserve the right to charge you for such Products and Services, at our sole discretion. If a charge is levied by us, these Products and Services will be not be made available to you until we receive the corresponding payment.
6.3. The prices offered by us are exclusive of any applicable taxes, and your Order Form will reflect the amount of taxes payable in respect of your Subscription. You agree that you will always be responsible for paying any taxes on respect of our Subscription.
6.4. In the event that the Government of the Location elects to charge any taxes, including value added tax or other similar tax or duty on the provision, sale or supply of any goods and/or services which are the subject matter of your Contract (“Future Taxes”), then we reserve the right, at our sole discretion, or if required by law, to add Futures Taxes at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with your Contract from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such Future Taxes in addition to the Fee for such goods and services.

7. Limited Access, Suspension, Termination And Expiry

7.1. Except as permitted by Applicable Laws, you have no right to terminate this Contract before the end of the Contract Term under any circumstances. Further, you are not permitted to downgrade your Subscription (or any components thereof) during the Contract Term, unless otherwise agreed in writing by us.
7.2. We may, at our sole discretion, limit your access to your Account, in the event your Fee (or a component thereof) remains unpaid for a period of seven (7) days from the due date.
7.3. We may, at our sole discretion, suspend your Account, in the event your Fee (or a component thereof) remains unpaid for a period of fourteen (14) days from the due date. In such case all your Listings, details of any property, agent, or other information, uploaded by you to our Platforms will be removed from our Platform, until the Fee which is due to us by you, is paid.
7.4. If the access to your Account is limited by us or if your Account or Subscription is suspended for any reason during the Contract Term, you will still be liable to pay any Fees due to us regardless of you receiving the Services.
7.5. We may, at our sole discretion, terminate your Subscription, in the event your Fee (or a component thereof) remains unpaid for a period of sixty (60) days from the due date.
7.6. Upon termination of your Subscription, the entire unpaid balance of your Fee shall immediately become due and payable by you to us. We reserve the right to bring appropriate legal proceedings against you and your Affiliates (if applicable) to enforce your payment obligation.
7.7. Upon termination of your Subscription, we may at our sole discretion, refuse to provide future Services to you or your Affiliates, unless (i) all amounts due and payable by you; and (ii) a penalty (that we in our sole discretion determine), is paid to us prior to entering into a new contract with you.
7.8. Without limiting our rights, we may immediately (i) sanction you; (ii) suspend or limit the Service; (iii) remove from our Platforms your Listings, details of any property, agent, or other information, uploaded by you to our Platforms; (iv) terminate your Contract; and/or (v) impose a fine, claim damages and/or seek compensation from you (equivalent to, or greater than the total Fee payable by you to us under your Order Form), if:
a) you fail to pay any Fees or charges due to us by the due date;
b) you fail to provide, or fail to provide in a manner or for an amount deemed appropriate by us, any cheques to act as security for your payment obligations;
c) you breach any part of your Contract and fail to rectify that breach within seven (7) days of us giving notice requiring rectification;
d) you violate this Agreement (or any terms thereof);
e) you fail to comply with any of the Content Quality Responsibilities;
f) you engage in any unlawful actions while using or accessing our Services and the Platforms.
g) 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
h) 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.
7.9. If your Subscription has been suspended for any reason during the Contract Term, you will still be liable to pay any Fee/s due to us regardless of you receiving the Services.
7.10. Following the expiry of the Contract Term, you may renew your Subscription by entering into a new contract, in which case you understand and agree that the terms and package (including the price for a Credit, Service or Product) may change.
7.11. Upon the expiry of the Contract Term, unless you have renewed your Subscription by entering into a new contract with us, you agree and acknowledge that all Services will cease immediately, and all active Listings will immediately be taken down from our Platforms.

8. Refund

8.1. You do not have a right to claim a refund of the Fee (or any component thereof).
8.2. We will only offer a refund if a duplicate transaction is received by us. In such event, only the duplicate portion of the payment will be refunded. In such event, the duplicate portion of your payment will be refunded to you through your original mode of payment.
8.3. In the cases of fraudulent or disputed transactions you should contact your bank or credit card provider.

9. Data Protection

9.1. You consent to the storage and processing of your Content on the Platform. If we pass on details of Property Seekers and such details contain Personal Data (as defined by Data Protection Laws), you acknowledge that you will be the Controller (as defined by Data Protection Laws) of the copy such Personal Data and shall comply with applicable Data Protection laws.
9.2. You warrant and represent that, if you provide us (directly or indirectly) with Personal Data relating to any individual, you shall have obtained that individual’s consent to (i) process, use and store that Personal Data for the purpose of providing of the Services and (ii) transmit that Personal Data to us and other third parties (including to countries that do not maintain adequate data protection standards) to process, use and store for the purpose of providing the Services.
9.3. Credit card and debit card details will not be stored, shared, rented or leased to any third parties.