PROPERTY DELIGHT TERMS &CONDITIONS DEFINITIONS -
‘Agent’ means any person, firm or corporate entity primarily in the business of selling residential or commercial properties or land on behalf of multiple unrelated parties.
‘Developer’ means any person, firm or corporate entity primarily in the business of building or renovating residential or commercial properties.
'We, Us, Our and Property Delight ‘ means Property Delight Ltd, 20 Godfrey Road, London, SE18 5HD Registered in England and Wales number 05567314, and its subsidiaries, employees, or any successor to Property Delight Ltd.
‘You and Your’ refers to the person, firm or corporate entity who has subscribed to one or more of our paid products and services.
‘Our Website’ means www.propertydelight.co.uk, www.propertydelight.com, www.propertydelight.ae -‘Our Users’ means visitors to Our Website.
OUR SUBSCRIPTION TERMS AND CONDITIONS These Property Delight Subscription Terms and Conditions are a contract between you and Us, and apply to your use of and subscribing to one or more of Our paid products or services.
By accepting these terms, you agree to be legally bound by all of the Terms below. You agree that We may change the Subscription Terms at any time by posting the revised Subscription Terms at our website www.propertydelight.co.uk . We may, but is not obligated to, provide you with other forms of notice of such changes.
However, you waive any right to specific notice of such changes, and your continued use of Services following the posting of the changes or other notification constitutes your acceptance of such changes or modifications. Therefore, you should frequently review the Subscription Terms and applicable policies to understand the terms and conditions that apply to your use of Our Services.
YOUR COMMITMENT TO US
1) You must provide us with: $1(i) Accurate, current and complete information as may be prompted by any subscription forms when you subscribe to our Services. You will provide us with a valid working email and telephone number for each of your locations; $1(ii) maintain and promptly update the Subscription Data, and other account-related information you provided us with, to keep it accurate, current and complete; and $1(iii) accept all risks of unauthorized access to the Subscription Data and other information you provided us with
2) To ensure that we provide you with high-quality services that are responsive to your needs, you understand that we have representatives or other parties who will have access to your account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including without limitation as reasonably needed to investigate complaints, to provide the Services to you, or for such other purposes as contemplated in our Privacy Policy
3)You warrant that your data will only include information on unsold or unlet property or land within the United Arab Emirates appropriate to your subscription where prior to providing it to us you: a) Received the original instruction from your client to sell or let such property or land or b) Had true access to an official and recognised documentation to sell or let such property or land or c) Have developed or are developing such property or land or d) Hold full legal title to the property or land. Your Data must not at any point include details of property or land that you are not property authorised to market, or that it is not readily available for sale or let.
4) You warrant that you are a holder of a valid real estate licence in the United Arab Emirates or country to which your services relate to.
5) You warrant that where you provide images to be shown with the property or land you are marketing, such images are only of the property or land being offered, and the immediate neighbourhood.
6) The Services will allow you to submit certain information and materials to our website, including, photographic images, as part of your use of the Services . Under these Subscription Terms, you agree that you will not post, place or transmit any of the following material using the Services and that your Submissions will not include any of the following material: (a) Any material that violates the local law, rule or regulation, including without limitation, any fair housing laws, or any industry or trade group rules or regulations; (b) Any material that is false or may mislead or confuse to users of our website or Services; c) Any material that is threatening, defamatory, abusive, obscene, pornographic, or otherwise inappropriate, (d) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or (e) Any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.
7) You must seek our written consent of any material that you intend to use in your business to advertise that contains data from us
8) You warrant that you will comply with all reasonable requests from our users, and that you will use reasonable endeavours to respond to telephone calls or emails within couple of working hours. PAYMENT TERMS 1) For the duration of the Term and thereafter, you will pay subscription charges for the Property delight services you select and use. You cannot under any circumstances cancel a contract before the expiry period. 2) Our charges may vary to time to time subject to us providing You with 30 days prior notice to You of the date the change will come into effect. 3) Where your data does not comply with the above conditions, without prejudice, You will pay Us for the equivalent Property Delight services You have used or are using and for any additional locations we deem appropriate at Our prevailing prices. 4) Unless, otherwise stated, invoices will be raised in advance. 5) Subscriptions will automatically renew for additional renewal periods (as detailed in your order), unless you request cancellation at least 30 day prior to the renewal date. 5) We will charge your nominated credit or debit card in advance of the period ( i.e. the beginning of the month) to which the payment relates. Your monthly invoice will be issued after your payment receipt. 6) If we are unable to collect a payment from your nominated debit or credit card, a late payment charge of 5% plus £30 per month may be levied. We also reserve the right to immediately remove Your Data from and your locations from our wesite and suspend your subscription. You will then continue to accrue charges at your prevailing rates and refer your case to our debt collection agencies. 7) Should you cancel your subscription and wish to rejoin, a reconnection fee is applicable for each of your locations. REPRESENTATION AND WARRANTIES You hereby represent, warrant and covenant to Property Delight Ltd that: (a) You have the full right, power and authority to enter into this Agreement; (b) You will comply with all applicable law in the United Arab Emirates; (c) Your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with all the above terms; (d) All information provided by you in connection with Our Services will be true and correct; (e) you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and (f) If required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional. LICENSE AND REMOVAL OF SUBMISSIONS Property Delight is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by Our users. However, We reserve the right in its discretion to: $1a) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or $1b) take any other action that We deem necessary relating to use or misuse of Our Services, including without limitation, modifying Submissions or terminating your Subscription and/or rights to use Our Services. You hereby grant to Property Delight a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with Our Services. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights INDEMNIFICATION You will indemnify, defend and hold harmless Property Delight Ltd, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Services from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from $1(i) any violation of these Subscription Terms, including, without limitation, a breach of your representations and warranties, $1(ii) (ii) any activity related to access to or use of Our Services by you or any person accessing Our Services through you and/or $1(iii) (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights LIMITATION OF LIABILITY in no event shallProperty Delight, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of our website, the submissions or the services. DISCLAIMER OF WARRANTIES Our services are provided on an "as is" basis without warranties of any kind, either express or implied. You expressly agree that use of our services, including all content or data distributed by, downloaded or accessed from or through our services, is at your sole risk. Property Delight disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content accessible through our services or on our website. Property Delight does not represent or warrant that materials on its website or accessible through the services are accurate, complete, reliable, current, or error-free. Property Delight is not responsible for typographical errors or omissions relating to pricing, text or photography. PRIVACY POLICY Upon your Subscription to Our Services, you need to provide information, which may include personal information, such as your name, email address, and mailing address. Such information will be subject to Property Delight’s Privacy Policy (located at https://www.propertydelight.co.uk/privacy/). LAW These Subscription Terms are governed by law of United Arab Emirates, The Emirates of Dubai. If any provision of these Subscription Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Subscription Terms remain in full force and effect. Any controversy or claim arising out of or relating to these Subscription Terms or the Subscription Service will be settled by binding arbitration in accordance with the Courts of Emirates of Dubai