1.1 In these Member Terms and Conditions the following terms shall have the following meaning:
“we”, “our”, “us”, or “aqaryh” means Aradi Real Estate Est. 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.
“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:
a process that will facilitate your uploading and managing your own properties’ listings and property developments;
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;
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;
micro-website and advertising banner creative development services;
having your properties signified as “Featured and/or Premium” on our Website to improve their ranking for added exposure;
having your properties rotated through the top position(s) via our ” Ads” product;
a process which facilitates having your phone call leads tracked and recorded via our “Call Tracking” product;
the process of having your properties and company profile appear on affiliated partniers
inclusion of your properties in e-mail alerts;
your agency details and logo listed in the ‘Find an Agent’ section;
website and banner design services; and
email marketing campaigns.
“Subscription Order” means, as the case may be:
if you are contracting online, the online subscription confirmation and the confirmation order; or
the hard copy order form you receive from us,
that you complete indicating the Service you request us to provide.
“Website” means https://aqaryh.com/
2.1 The 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:
by pressing the “Confirm Order” button when submitting an online Subscription Order; or
by signing a hard copy Subscription Order.
2.2 If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are authorized to enter into the Contract.
2.3 We 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;
you are not providing the services of a licensed real estate broker, developer or hotel apartment providers; or
that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
2.4 In the event of any conflict between these Member Terms and Conditions and the Subscription Order, these Member Terms and Conditions shall prevail.
2.5 The 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.
2.6 If 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 email@example.com/ (such aqaryh 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.
2.7 These 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.
- YOUR OBLIGATIONS
3.1 You warrant and represent that you will:
not act as a consumer in relation to the Membership;
only advertise properties that are currently available for purchase or lease within the Kingdom of Saudi Arabia or countries permitted by your Subscription Order;
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;
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;
ensure that you do not make, arrange or authorize 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;
abide by any applicable rules and regulations related to electronic transactions and commerce;
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;
in your use of the Service, comply with all applicable laws;
not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
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;
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:
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
you will remove the property from the upload provided to us so that it is no longer displayed on the Website;
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;
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);
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;
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
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.
3.2 You must ensure that:
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;
no other person, authorized or otherwise, makes use of your Membership; and
you do not make any promotional or merchandising reference to us or our Website without our prior express written permission.
3.3 You acknowledge and agree that: you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
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;
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;
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; you are responsible for updating your listings to follow the aqaryh image guidelines. We reserve the right to penalize any images content we deem unfitting; systems or technological failure may impede or prevent access to all or any part of the property data; 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; 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; you are responsible for the security and integrity of your data; 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;
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; 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 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).
- AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE
4.1 Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
4.2 This 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.
4.3 Immediately 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.
4.4 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.
4.5 Without 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: you fail to pay any fees or charges due to us by the due date, 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; 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 rights of any third party; 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.
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, 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.
4.6 Where 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.
4.7 Termination 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.
- PACKAGES, FEES AND PAYMENT
5.1 The 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.
5.2 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) has been received by us.
5.3 In 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.
5.4 Please 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 Please 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).
5.5 The 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.
5.6 In 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.
5.7 If 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.
5.8 If 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.
5.9 We 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.
- REFUND POLICY
6.1 Content 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
6.2 In 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.
- LIMITATION OF LIABILITY AND INDEMNITY
7.1 To the extent allowable under laws applicable in the Kingdom of Saudi Arabia we:
exclude all conditions and warranties implied into the Contract;
exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
resupplying the Service; or
paying the cost of having the Service resupplied; and 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.
7.2 We will not be liable under the Contract to the extent that liability is caused by:
any breach by you of your obligations under your Contract with us; or 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).
7.3 You 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.
8.1 We 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.
8.2 Notwithstanding 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.
8.3 We 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.
8.4 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.
8.5 Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the Arabic language.
8.6 You must not assign any part of the Service and/or your obligations set out in the Contract without our prior written consent.
8.7 This Contract is subject to and governed by the laws of the Kingdom of Saudi Arabia.
8.8 You submit to the exclusive jurisdiction of the Courts of the Kingdom of Saudi Arabia.
8.9 If 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.