Terms and Conditions
Disclaimer
If you wish to use e this Website “Property Xplore” for any of the services, you must agree to the terms as the exclusive basis which governs the usage of the Website and provision of services. If you do not agree to any of the terms, do not use this Website or do not use any Services that Property Xplore offers.
AGREEMENT BETWEEN Property Xplore AND USERS
Defination
In this Agreement, the following terms shall have the following meanings:
◉"Agent" – agent means an estate agent, lettings agent and/or commercial property agent.
◉ "Effective Date" - the date on which this set of terms and conditions entered effect.
◉ "Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
◉ "Content" – the material published on the Website or otherwise provided to Property Xplore by the user. For the avoidance of doubt, it includes all content posted on the Website by the User or otherwise provided to Property Xplore by the User.
◉ "Registration Details" - the details that a User must provide on registering for the Website, including name, phone numbers, email address, DOB, or any further information to make sure our platform is secure and safe for everyone.
◉ "Service" - the provision of the Website as a property portal or any other service provided by Property Xplore.
◉ "Unacceptable" - Material which under the laws of any jurisdiction from which the Website may be accessed may be considered either:-
● Illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third-party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
● in breach of any applicable regulations, standards, or codes of practice (notwithstanding that compliance may not be compulsory).
● to contravene legislation, including without limitation, that relating to weapons, animals, or alcohol;
● might harm Property Xplore reputation
◉ "User" - any party who uses any service provided by Property Xplore, including the use of the Website. For the avoidance of doubt, the User includes all advertisers and all parties who enter into any agreement with Property Xplore.
◉ "Website" – PropertyXplore's website is located at www.PropertyXplore.com
● Property Xplore is the owner of the Website and whose registered office is located at 581 London, Road SM3 9AE Sutton Surry, United Kingdom
USER TERMS
◉ Data Access Of Both Parties:
Property Xplore has access to the following data of the user, which is provided or otherwise generated as a result of the provision and use of the Services:
-
Contact details of Users;
-
The Content, which is used by Property Xplore in the provision of its Services for the User and which may also be provided to third parties by Property Xplore for business purposes
-
Recordings of Lead telephone calls;
-
Information relating to Leads, and
-
Cookie data
-
The Users shall not have access to any of Property Xplore business information.
◉ While registering for this Website, the User must provide true, accurate, current, and complete Registration Details which the User must update after any changes (except age) before using the Website for further services in the future.
◉ The User hereby warrants to Property Xplore that he is at least (18) eighteen years of age and legally able to enter into contracts.
● Property Xplore reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any Material posted by a User.
◉ The User's Registration Details and data relating to its use of the Website will be recorded by PropertyXplore.com, but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis).
◉ Property Xplore may send a small file to the User's computer when it visits the Website. This "cookie" will enable Property Xplore to identify the User's computer, track its behavior on the Website and identify the User's particular areas of interest so as to enhance the User's future visits to the Website. The cookie will not enable Property Xplore to identify the User, and Property Xplore shall not use it otherwise than in relation to this Website. The User can set its computer browser to reject cookies, but this may preclude the use of certain parts of this Website.
◉ The User hereby authorizes Property Xplore to use any information it submits to this website to inform the User of special offers, occasional third party offers, and other marketing and related purposes. Property Xplore will not use User data for any other purposes than as set out in this Agreement, except that Property Xplore may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
◉ If the User does not wish Property Xplore to use its information, it should leave the Website before submitting its personal details.
◉ If the User does not want Property Xplore to use its email address or SMS to send information concerning the Website and related matters, the User should send a message to Property Xplore and insert unsubscribe as the subject heading.
◉ Property Xplore reserves the right to suspend or terminate a user’s account where, at its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Property Xplore directly or indirectly through a related entity.
◉ For the avoidance of doubt, Property Xplore is providing a service, not goods.
◉ Property Xplore owns all Intellectual Property Rights in the Website and the Service, including, without limitation, the design, text, graphics, and the selection and arrangement thereof.
◉ Property Xplore takes reported, and actual infringement of Intellectual Property Rights and fraud extremely seriously, and whilst Users cannot hold Property Xplore liable in relation to such issues, Property Xplore requests all Users to report such matters immediately, and Property Xplore shall inform the appropriate authorities.
◉ Users will be invited to send comments to Property Xplore by email relating to the integrity and performance of other Users.
◉ The following restrictions shall apply to all Users:
● User agrees not to transmit any material designed to interrupt, damage, destroy or limit the functionality of the Website or the Service.
● User agrees not to use any automated software to view the Service without consent and to only access the Service manually.
● User shall not be entitled to delete any advertisement/listing for a period of 24 hours after posting on the website by said user.
● User agrees not to attempt to copy any Material or reverse engineer any processes without Property Xplore’s consent.
● User agrees not to use any Service in any manner that is illegal, immoral, or harmful to Property Xplore.
● User agrees not to use any Service in breach of any policy or other notice on the Website.
● User agrees not to remove or alter any copyright notices that appear on the Website.
● User agrees not to publish any Material that may encourage a breach of any relevant laws or regulations.
● User agrees not to interfere with any other User's enjoyment of the Website or the Service.
● User agrees not to transmit materials protected by copyright without the permission of the owner.
● User agrees not to conduct itself in an offensive or abusive manner whilst using the Website or the Service.
● Property Xplore reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any Material posted by a User.
◉ By submitting Material on the Website or otherwise, User grants Property Xplore a royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, distribute, display, modify and edit the Material. Property Xplore will not pay the User any fees for the Material and reserves the right in its sole discretion to remove or edit the Material at any time. User also warrants and represents that it has all rights necessary to grant Property Xplore these rights.
◉ Property Xplore permits the User to post Material on the Website in accordance with Property Xplore's procedures provided that the Material is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to Property Xplore.
◉ Property Xplore reserves the right to terminate any Service agreement without any notice to the User and without providing any reason whatsoever.
◉ Any User who enters into any agreement with Property Xplore shall not in any way, directly or indirectly, employ or offer employment to any employee of Property Xplore and/or its affiliates during the period of the agreement and up to one year after the termination/expiry of the agreement. Further, any User with any agreement with Property Xplore shall not acquire any direct or indirect service from employees of Property Xplore other than the services stipulated in their agreement with Property Xplore for the aforementioned period. Further, any User with any agreement with Property Xplore shall not solicit or endeavor to entice away or discourage any employee of Property Xplore from being employed by Property Xplore for the aforementioned period.
LIMITATION OF LIABILITY
◉ Property Xplore is not liable for any indirect loss, consequential loss, loss of profits, revenue, data, or goodwill, howsoever arising suffered by any User arising in any way in connection with this Agreement or for any liability of a User to any third party.
◉ Whilst Property Xplore will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion, and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.
◉ Property Xplore shall not be liable for ensuring that the Material on the Website is not Unacceptable Material, and the User, in making any financial or other decision, accepts that it does so exclusively at its own risk.
◉ Property Xplore shall not be liable for any interruption to the Service, whether intentional or otherwise.
◉ Property Xplore is not liable for any failure in respect of its obligations hereunder that result directly or indirectly from failure or interruption in software or services provided by third parties.
◉ Property Xplore is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.
◉ None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Property Xplore or its appointed agents.
◉ No matter how many claims are made and whatever the basis of such claims, Property Xplore's maximum aggregate liability to a User under or in connection with this Agreement in respect of any direct loss, whether such claim arises in contract or in tort, shall not exceed a sum equal to twice the value of any amount paid to Property Xplore by the User in relation to which such a claim arises.
WARRANTS AND INDEMNITY
◉ Property Xplore does not represent or warrant that the information accessible via the Website is accurate, complete or current. Property Xplore has no liability whatsoever in respect of any use which the User makes of such information.
◉ Material has not been written to meet the User’s individual requirements, and it is the User's sole responsibility to satisfy itself prior to entering any transaction or decision that the Material is suitable for its purposes.
◉ All warranties, express or implied, statutory, or otherwise are hereby excluded.
◉ The User hereby agrees to indemnify Property Xplore against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.
◉Legal Compliance:
The Users Shall:
Comply with the Relevant Requirements without engaging in any activity, practice, or conduct that would constitute an offense under sections 1, 2, or 6 of the Bribery Act 2010 if such activity, practice, or conduct had been carried out in the Bahrain; have and shall maintain in place throughout the term of the Contract its own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements.
GENERAL
◉ This written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof, and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 5.1 shall relieve either party of liability for fraudulent misrepresentations, and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
◉ Property Xplore reserves the right to alter its terms of business from time to time. The Effective Date at the time the User reads these terms is set at the top of this Agreement. Prior to using the Website again in the future, Users should check that the effective date has not been altered. If it has, the User should examine the new terms and only use the Website if it accepts them.
◉ If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
◉ The User may not assign or otherwise transfer its rights or obligations under this Agreement without Property Xplore’s prior written consent.
◉ Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Property Xplore of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall have been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.
◉ Property Xplore shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts, or regulations of any governmental or supra-national authority.
◉ The headings in this Agreement are solely used for convenience and shall not have any legal or contractual significance.
◉ The laws of the Bahrain shall govern this Agreement, and the parties submit to the non-exclusive jurisdiction of the Courts of the Bahrain.