TERMS OF SERVICE

Last updated 2023-11-11

Please read these terms of service carefully. They contain important information about your legal rights, obligations, and how to resolve any disputes. By using or accessing the Proptific Platform, you agree to these terms.

These terms are a legally binding agreement between you and Proptific. They govern your access to and use of the Proptific website, apps, and other services (collectively, the "Proptific Platform").

When these terms say "Proptific," "we," "us," or "our," they mean Proptific ltd.

Other terms that may apply

Your use of the Proptific Platform and Proptific Services may be subject to other terms and conditions. In particular:

Our collection and use of personal information in connection with your access to and use of the Proptific Platform is described in our Privacy Policy available at https://www.iubenda.com/privacy-policy/86093666.        

1 Scope of Proptific Services

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  1.1  The Proptific Platform is an online platform serving as a marketplace that enables property sourcers “Sourcers” and property Investors “Investors”  to connect exchange information and details pertaining to a potential property or leasing agreement “Deal” for an agreed cost. Proptific will take an agreed fee equal to a percentage of the transaction value as described on the Proptific platform at the time of listing “commission” to provide this service.
• 1.2 Proptific does not control or guarantee the performance or conduct of any user or third party, even if we help resolve disputes between them. Any references to a user being "verified" (or similar language) only mean that the user has completed a relevant verification or identification process, and nothing more. Such a description is not an endorsement, certification, or guarantee by Proptific about any user, including the user's identity, background, trustworthiness, safety, or suitability. Additionally, user verification on the internet is difficult, and we do not take responsibility for confirming any user's identity. 
• 1.3 The Proptific Platform may contain links to other websites and resources (collectively, "Third-Party Services"). These Third-Party Services may have different terms and conditions and privacy practices. Proptific is not responsible for the availability, accuracy, or content of Third-Party Services. Links to Third-Party Services do not mean that Proptific endorses them.

2 Eligibility, Using the Proptific Platform

                                                                                 
2.1  To access and use the Proptific Platform or register a Proptific Account, you must be at least 18 years old or a legally registered and valid business, organisation, or other legal entity in the United Kingdom and able to enter into legally binding contracts.

2.2  Proptific may require you to complete a verification process or meet certain quality or eligibility criteria to access or use parts of the Proptific Platform.

3 Modification of these Terms

3.1  Proptific can change these terms at any time. If we make changes, we will post the new terms on the Proptific Platform and update the "Last Updated" date at the top of these terms. If you don't agree with the new terms, stop using the Proptific Platform right away. If you keep using the Proptific Platform, you agree to the new terms.
                                                                                         
3.2  Any transactions you have already entered into on the Proptific Platform will remain governed by the Terms in effect at the time the transaction was entered into and will not be affected by any subsequent revisions to the Terms.                                                 

4 Account Registration

4.1. To access and use certain features of the Proptific Platform, such as renting a Listing, you must create an account ("Proptific Account"). If you are creating a Proptific Account for a business, organisation, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant Proptific all permissions and licences provided in these Terms.

4.2. You can create a Proptific Account using an email address and creating a password.

• 4.3. You must provide accurate, current, and complete information during the registration process and keep your Proptific Account and public Proptific Account profile page information up-to-date at all times.
• 4.4. You may not create more than one (1) Proptific Account unless Proptific authorises you to do so. You may not assign or otherwise transfer your Proptific Account to another party.                        

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  4.5. You are responsible for keeping your Proptific Account credentials confidential and secure, and you should not share them with anyone else. If you know or think your credentials have been lost, stolen, or misused, or if you think someone else is using your Proptific Account without your permission, you must tell Proptific right away. You are liable for all activity on your Proptific Account, unless it is activity that you did not authorise and you were not negligent in preventing (such as by failing to report unauthorised use or loss of your credentials).
• 4.6. Proptific may allow you to give other users or third parties permission to take certain actions that affect your Proptific Account. You can do this without sharing your credentials with anyone. No third party is authorised by Proptific to ask for your credentials, and you should not ask for other users' credentials.
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5 Content and intellectual property rights

                                                         
5.1  Proptific may let users view content that it makes available on or through its platform. This includes content that Proptific owns, as well as content that it has licensed or been authorised to use from other parties. 

5.2  The Proptific Platform and its content may be protected by copyright, trademark, and/or intellectual property laws in the UK and other countries. You agree that the Proptific Platform and its content, including all related intellectual property rights, belong only to Proptific, its licensors, or authorised third parties. You cannot remove, change, or hide any copyright, trademark, service mark, or other proprietary rights notices that are part of or come with the Proptific Platform or its content. All trademarks, service marks, logos, trade names, and other source identifiers of Proptific that are used on or in connection with the Proptific Platform and its content are trademarks or registered trademarks of Proptific in the UK and other countries. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties that are used on or in connection with the Proptific Platform and/or its content are used only for identification purposes and may belong to their respective owners.

5.3  You may not use, copy, change, or distribute the Proptific Platform in any way that is not expressly permitted in these Terms. This includes making derivative works of the Platform, distributing it to others, or selling or transferring it. Prophetic owns all intellectual property rights to the Platform, and you have no licences or rights to the Platform except for those expressly granted in these Terms. 5.4  Proptific gives you a limited, non-exclusive, non-transferable licence to access and view Proptific Content on the Proptific Platform, only for your personal and non-commercial use. 

5.5  Proptific adheres to copyright laws of the UK and requires its Users. Please contact Contact@Proptific.com if you have any reason to believe that Proptific platform infringes on any intellectual property or copyrights you own.

6  Prohibited Activities                

6.1 You are completely responsible for following all laws, rules, regulations, and tax obligations that apply to your use of the Proptific Platform. When using the Scraye Platform, you will not and will not help or allow others to:

6.1.1 violate or disobey any applicable laws, regulations, agreements with third parties, third-party rights, or our Terms of Service;

6.1.2 use the Proptific Platform or Proptific Content for commercial or other purposes that are not expressly permitted by these Terms, or in a way that falsely implies that Proptific endorses, partners with, or is affiliated with you;

6.1.3 copy, store, access, or use any information, including personal information about any other User, on the Proptific Platform in a way that is not consistent with Proptific's Privacy Notice or these Terms, or that otherwise violates the privacy rights of Users or third parties;

6.1.4 distribute unsolicited commercial material via the Proptific platform;

6.1.5 use the Proptific Platform to find, request, make, or accept a deal outside of the Proptific Platform, to avoid paying fees for transactions conducted through the Proptific Platform, or for any other reason;

6.1.6 You cannot request, accept, or make any payments outside of Proptific for any fees. If you do, you are responsible for all risks and liabilities associated with the payment, and Proptific will not be liable for any losses;

6.1.7 Be disrespectful of users, regardless of their race, national origin, religion, gender, gender identity, sexual orientation, marital status, age, or disability. Engage in any violent, harmful, abusive, or disruptive behaviour;

6.1.8 Use, display, mirror, or present the Proptific Platform or Proptific Content, or any individual element within the Proptific Platform, Proptific's name, any Proptific trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Proptific Platform, without Proptific's express written consent;

6.1.9 Dilute, tarnish, or otherwise harm the Propific brand in any way. This includes unauthorised use of Proptific Content, registering or using Proptific or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Proptific domains, trademarks, taglines, promotional campaigns, or Proptific Content;

6.1.10 Use automated processes including Crawlers, Scrapers, bots, to access,collect data or other content from or otherwise interact with the Proptific Platform for any purpose;

6.1.11 tamper with or circumvent any technological measures implemented by Proptific or its providers to protect the Proptific Platform;

6.1.12 take any action that damages or adversely affects the performance or proper functioning of the Proptific Platform;

6.1.14 infringe or violate anyone else’s rights.

7 Access to the Proptific Platform

                                                                                         
7.1  We cannot guarantee that the Proptific Platform will always be available or uninterrupted. We may suspend, withdraw, or restrict access to all or part of the Proptific Platform for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7.2  Proptific is not responsible for outages or disruptions of the internet or telecommunications infrastructure, which are beyond our control. These can interrupt the availability of the Proptific platform. Proptific may, temporarily and in consideration of the users' legitimate interests (e.g. by providing prior notice), restrict the availability of the Proptific platform or certain areas or features thereof, if this is necessary due to capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Proptific platform. Section 17 (Liability) remains unaffected. Proptific may improve, enhance, and modify the Proptific platform and introduce new Proptific services from time to time.
        
7.3  We provide no guarantee that the Proptific platform will be secure or free of bugs or viruses.
                                                                
7.4  You are responsible for setting up your IT equipment, software, and platform to access our website. You should use your own antivirus software.
                                
7.5  Do not knowingly introduce viruses, trojans, worms, logic bombs, or other harmful or technologically disruptive material to our website.

7.6  We are not responsible for any loss or damage caused by DDoS attacks, viruses, or other harmful or technologically disruptive material that may infect your computer equipment, software, data, or other proprietary material due to your use of our website, your downloading of any material posted on it, or your clicking on any links on it.                                         

8 Suspension of access and other measures

8.1 Proptific may immediately and without notice, stop providing you with access to the Proptific Platform if (i) you have seriously violated your obligations under these Terms, (ii) you have violated applicable laws, regulations, or third-party rights, or (iii) it is necessary to protect the personal safety or property of Proptific, its Users, or third parties (for example, in the case of fraudulent behaviour by a User).

8.2 Proptific may take any of the following actions to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body. If you have breached these Terms, applicable laws, regulations, or third-party rights. If you have provided inaccurate, fraudulent, outdated, or incomplete information during the Proptific Account registration, Listing process, or thereafter. If you have repeatedly cancelled deals. Or to protect the personal safety or property of Proptific, its Users, or third parties, or to prevent fraud or other illegal activity.**

8.2.1 Decline to post, remove, or delay any listings;

8.2.2 Delete any draft or submitted deals;

8.2.3 Limit or prevent your access to or use of the Proptific Platform;

8.2.4 De-activate either temporarily or permanently your Proptific Account and refuse access to the Proptific Platform.

8.3  If your Proptific account access is revoked, you are not entitled to have it restored. If your Proptific platform access or use is limited, or your Proptific account is suspended or revoked, you may not create a new Proptific account or access and use the Proptific platform through another user's Proptific account.

                 
8.4  If you experience any action regarding clauses 8-8.3 inclusive you may request an appeal by contacting us at Contact@Proptific.com.
                                                                                                         

9 Liability                

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  9.1  We do not limit our liability to you in any way that is prohibited by law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
  
  9.2  Other limitations and exclusions of liability may apply to liability arising from the supply of Proptific Services to you, as set out in the relevant terms and conditions referred to at the start of these Terms.         
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  9.3  If you are a user of the Proptific Platform:

9.3.1 Proptific are responsible to you for damage caused by us If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our failing to comply with these Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will occur or if both we and you knew it might happen at the time the contract was made.

9.4 If you are a business user of the Proptific Platform:

9.4.1 We disclaim all implied conditions, warranties, representations, or other terms that may apply to the Proptific Platform or any Proptific Content on it.        
9.4.2  We are not liable to you for any losses or damages, whether in contract, including negligence, breach of statutory duty, or otherwise, even if foreseeable, arising from or in connection with:

(a)  inability to use, or use of our site; or
                        
(b)  reliance or use of, or on any content displayed on our Platform.

        
9.4.3  In particular, we will not be liable for (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage

9.4.4 Proptifics liability to you for a maximum of the Commission paid by you as part of any Deal exchanged through the Proptific platform and only after such a deal has been transacted upon.
                                                                                         
9.4.5  To the fullest extent permitted by law, you agree to (i) release, (ii) defend at Proptific's option, (iii) indemnify, and (iv) hold harmless Proptific and its affiliates and subsidiaries, including Proptific, and their officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms, (b) your improper use of the Proptific Platform or any Proptific Services, or (c) your breach of any laws, regulations, or third-party rights.

10  Applicable Law and Jurisdiction

                                                
These Terms are governed by and construed in accordance with English law. However, if you are a consumer and your country of residence has mandatory consumer protection regulations that apply under applicable law, those regulations will apply regardless of the choice of English law. As a consumer, you may bring any legal proceedings relating to these Terms in either the competent court of your place of residence or the competent court of Proptific's place of business in England. If Proptific wants to enforce any of its rights against you as a consumer, we can only do so in the courts of the jurisdiction in which you are a resident. If you are a business, you agree to submit to the exclusive jurisdiction of the English courts.        

11  General Provisions

11.1  Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards outlined in this document, these Terms constitute the entire Agreement between Proptific and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Proptific and you in relation to the access to and use of the Proptific Platform.

11.2  No joint venture, partnership, employment, or agency relationship exists between you and Proptific as a result of this Agreement or your use of the Proptific Platform.

11.3  These Terms do not give any rights or remedies to anyone other than the parties.

11.4  If any provision of these Terms is found to be invalid or unenforceable, that provision will be removed and the remaining provisions will remain valid and enforceable.

11.5  If Proptific does not enforce a right or provision in these Terms, it does not mean we have waived that right or provision. Unless we agree in writing, exercising a remedy under these Terms does not prevent either party from exercising other remedies under these Terms or otherwise permitted by law.

11.6  You may not assign, transfer, or delegate this Agreement or your rights and obligations under it without Proptific's prior written consent. Proptific may assign, transfer, or delegate this Agreement or any rights and obligations under it, at its sole discretion, with 30 days' prior notice.

11.7  Unless otherwise specified, Proptific will provide any notices or other communications to Users electronically via email, Proptific Platform notification, or messaging service (including SMS and WhatsApp).

11.8  If you have any questions about these Terms please email us at Contact@Proptific.com.