Terms & Conditions

A)

1. Agent means any person, firm or corporate entity primarily in the business of selling or letting residential or commercial properties or land on behalf of multiple unrelated third parties.
2. Developer means any person, firm or corporate entity primarily in the business of building or renovating residential or commercial properties.
3. Landlord / Property Owner means any person, firm or corporate entity marketing and/or managing property they own for letting or selling.
4. Conditions means these terms and conditions of Your Membership.
5. We, Us, Our and HomesPakistan means HomesPakistan Limited, Lahore, Pakistan. Registered in Pakistan company no.123456 or any entity which is from time to time its holding company, a subsidiary or a subsidiary of any such holding company or any  successor in business to HomesPakistan Limited.
6. You and Your refers to the person, firm or corporate entity who has applied for membership of Our Website.
7. Your Client means an Agent, Developer or Landlord who has instructed You to market property, land or developments on their behalf.
8. Our Website means Our website located at www.HomesPakistan.com.
9. Our Users means visitors to Our website.
10. User Data means information provided by or derived from the activities of visitors to Our Website, but does not include Your Data.
11. Your Data means all information and any part thereof provided to Us by You either directly or indirectly, including Data supplied or available by way of a link, or information provided or displayed on Your behalf by a third party.
12. Term means the initial period of Your Membership set out in Our notice to You confirming acceptance of Your application.
13. Location(s) means the place(s) that You nominated on Your membership application form and/or added by Us from which You operate, promote or manage Your activities, that are displaying Your Data on Our Website and the contact details You provide to Us where We will direct enquiries about Your Data.
14. If Your application is accepted by Us, Your Membership means membership of and access, ONLY for Your Locations, to those HomesPakistan services appropriate to Your business as an Agent, a Developer or a Landlord.

B) OUR COMMITMENT TO YOU We:

1. Will provide an internet property listing service for displaying Your Data to visitors to Our Website and may also offer You other relevant additional features and services to help manage Your advertising and promote Your membership;
2. Will use reasonable endeavours to ensure that, except where We are manually updating Your Data pursuant to Your instructions, updates to Your Data provided automatically to Us will appear on Our Website within 24 hours of receipt or if You make changes to Your Data via Our Website, within 15 minutes;
3. Will, subject to Your Membership type, use reasonable endeavours to provide access for You to add, amend or remove Your Data on Our Website 24 hours a day, 7 days a week;
4. Will use reasonable endeavours to maintain the availability and performance of Our Website;
5. Will maintain the integrity of Your Data but accept no responsibility for checking the accuracy of Your Data and have no obligation to edit or review Your data, although We reserve the right to edit, review, suppress or remove Your Data if We believe it is inaccurate, inappropriate or in our opinion contravenes these Conditions or any applicable law in any way.
6.  Will use reasonable endeavours to ensure that Your Data is not altered in such a way as to misrepresent any of the information contained in it;
7. Will forward all potential customer enquiries, generated from Our Website, to the contact details We have for Your Locations as soon as reasonably practical. In the event of Our failure to do so, We will notify You within 2 working days of becoming aware of such failure;
8. Will use reasonable endeavours to market Our Website to prospective sellers, buyers and renters located in the Pakistan;
9. Warrant that no third party will be granted access to:

1. Your Data without Your consent, other than that which is or was made available via Our Website or third party websites;
2. User Data where it can be directly associated with You or Your Locations;

10. Grant You the non-exclusive right to use Our logo, name and Our Website address in any advertising, promotional material and displays in accordance with any instructions that We may issue from time to time and/or display upon Our Website and in a manner that does not bring Us into disrepute or misrepresent Your relationship with Us;
11. Will, subject to Your Membership type and Our discretion, provide You with a profile page or pages on Our Website, the entire content of which shall be subject to Our approval.

C) YOUR COMMITMENT TO US You:

1. Warrant that You primarily operate as an Agent, Developer or Landlord, are providing the services normally associated with those operations and have not or will not, in Our opinion, misrepresent the nature of Your business to Us;
2. Warrant that unless You are a Landlord, neither You nor Your Client are dealing as a consumer for the purposes of the Unfair Contract Terms;
3. Warrant that Your Data will only include information on property or land appropriate to Your Membership;

1. where You or Your Client received the original instruction from a third party at one of Your Locations to sell or let such property or land prior to providing it to Us OR
2.  where You or Your Client have developed or are developing such property or land at one of Your Locations;

4. For the avoidance of doubt Your Data must not include details of property or land if the original instruction was received or is managed or is controlled from somewhere other than one of Your Locations or that You are not properly authorized to market;
5. Will provide Your Data to Us in accordance with any specifications and/or in the format that We specify and in such a way as not to interfere with the operation of Our Website, compromise Our Users experience or have a detrimental effect on the quality of Our Website;
6. Will provide Us with a valid working email address and will immediately advise Us of any changes or technical problems that would prevent Your Locations receiving emails from Us (If any of Your nominated email addresses are not capable of receiving Our messages We will not be liable for any lost business);
7. Will comply and You will procure that Your Client complies with all Pakistani  legislation and other regulatory and compliance standards that are applicable to a business of the same or a similar nature to Yours or Your Client’s business within Pakistan and if You or Your Client or both (as appropriate) operate outside Pakistan, within that jurisdiction as well;
8. Warrant that You will comply with all reasonable instructions and preferences expressed by Our Users and will comply fully with Your obligations under the Data Protection Act with respect to personal data We send or make available to You;
9. Will act and You will procure that Your Client acts in accordance with the best practice of a supplier with experience and expertise in carrying on business in the same or similar area of business as Yours or Your Client’s business, within Pakistan and if You or Your Client or both (as appropriate) operate outside Pakistan within that jurisdiction as well;
10. Warrant that You have good title to Your Data and that Your Data; is accurate, relevant and complete; is of a professional and inoffensive nature; is to the best of Your knowledge free from known viruses, disabling programs and devices; is not in breach of any obligations of confidentiality or privacy; is not being displayed against the wishes of whom You or Your Client acquired it; does not include details of Your commission, fees, specific comparisons with third parties who We perceive to be competitors of You or Your Client, any links or references to any website or any other information that is specifically excluded by these Conditions or that We deem to be inappropriate to Your Membership;
11. Warrant that where You provide images to be shown with the property or land You or Your client are marketing, such images are only of the property or land being offered, the occupier lifestyle and immediate locale;
12. Warrant that when reproduced or published by Us, Your Data will not; breach any contract; fail to comply with any applicable law or regulation; infringe any copyright, trade mark, intellectual property or any other personal or proprietary right of any person, firm or corporate entity; render Us liable to any claim whatsoever; and that You will indemnify Us against any resulting third party claim, legal action or penalty should Your Data not meet these Conditions;
13. Will use all reasonable endeavours to help Us identify and remedy unauthorised copying and storage of Your Data;
14. Will use reasonable endeavours to update Your Data to ensure that it is and remains correct including but not limited to any alterations to prices and availability and the display of any data provided. Where there is a material change or update of Data, You will ensure Your Data is amended accordingly within 1 working day;
15. Will use, and will procure that Your Client uses reasonable endeavours to respond to emails sent to Your Locations on the day of receipt if that day is a working day and in any event by noon the following working day;
16. Will make all payments due to Us pursuant to Our charging structure, as Notified from time to time, promptly in accordance with Section E below;
17. Acknowledge and agree that We may enter into agreements with third parties whereby Your Data can be published or accessed through mediums not belonging to Us;
18. Will seek Our written approval of any advertising materials (except those referred to in Condition B10) that You intend to use in Your business containing data sourced from Us or referencing Your relationship with Us;
19. You warrant that You will not without our written permission directly or indirectly sell on the services and features of Your Membership or provide access to the services and features of Your Membership to third parties.

D) GENERAL

1. Your Membership is subject to these Conditions to the exclusion of all other terms and conditions express or implied and any variation to the conditions of Your Membership (other than as described in Condition D2) shall have no effect unless expressly agreed in writing and signed by an authorised senior representative of Us.
2. The current version of our conditions of membership (as posted on Our Website) will apply at all times to Your Membership and will supersede all previously published conditions of membership.
3.  Where You purchase additional products or services from Us, or from partners supplying such products and services on Our behalf, any associated conditions, including those of our partners, shall form part of Your terms and conditions of membership.
4. You acknowledge that You have not relied upon any statement or representation made by Us when applying for membership of the HomesPakistan services unless expressly set out in these Conditions or subject to Condition D1.
5. If any provision contained in these Conditions is for any reason held to be invalid or unenforceable in any respect that invalidity or unenforceability will not affect any other provision of these Conditions and these Conditions will be construed as if that invalid or unenforceable provision had not been contained herein.
6. No application for membership of Our services placed by You will be deemed to be accepted by Us until We confirm Your Membership. We are not obliged to accept any application for membership by You nor give You reasons for declining Your Membership.
7. No forbearance or delay by either party in enforcing its respective rights will prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any Condition will be deemed to be a waiver of any other right or of any later breach.
8. We may immediately terminate Your Membership on notice to You if You enter into any form of insolvency including without limit liquidation, bankruptcy, receivership, administration or You are unable to pay Your debts as and when they fall due, or anything analogous to the foregoing occurs in any jurisdiction.
9. We may immediately terminate or suspend without notice Your Membership if We believe You are in breach of any term, condition or warranty in these Conditions.
10. If at any time We have reason to doubt Your ability to comply with any term, condition or warranty in these Conditions, We will give You notice and reserve the right to; refuse Your application for Membership; immediately suspend or terminate Your Membership; audit Your processes, property details and practices and charge You for Our costs and time in doing so;
11. If when compared with the majority of Our other members, Your Locations market or Your Data includes high volumes of property or land and/or Your properties or land are spread over a wide geographical area or We believe Your Data includes details of property or land not from one of Your Locations, then in accordance with any guidelines that We may set and communicate to You from time to time.
12. We will not be liable to You for:

1. any indirect, consequential, special or punitive loss, damage, costs and expenses;
2. loss of profit;
3. loss of business;
4. loss of reputation;
5. depletion of goodwill; or
6. loss of, damage to or corruption of data.

13. We will not be held liable if events outside Our control prevent Us fulfilling Our obligations to You.
14. These Conditions and Your completed membership form when accepted by Us contain the whole agreement between You and Us relating to Your Membership and supersedes all prior agreements, arrangements and understandings between You and Us relating to Your Membership.
15. We retain the right at any time during the course of Your Membership to vary these Conditions and We will give You 30 days prior notice by email to Your Locations of any such variation. You may subsequently terminate Your Membership by giving 30 days notice in writing to Us if Terms and Conditions materially and adversely affect You and Your business.
16. Your Membership will continue for the Term and, subject to these Conditions, shall continue thereafter unless or until terminated by either You or Us giving prior written notice of at least; 30 days Or 1/3rd of the Term of any fixed term agreement You have with Us in the absence of any other specified notice period, whichever is the greater. The final day of Your Membership must coincide with the last day of a calendar month.
17. Upon termination of Your Membership for any reason, You will pay all sums due to Us at the date of such termination. We will not make any partial or full refunds for products or services You have paid for prior to termination.
18. These Conditions shall be governed by and construed in accordance with the laws of Pakistan and any disputes arising in respect of Your Membership will be submitted to the exclusive jurisdiction of the Pakistani Courts. Judgment may be enforced in any court of competent jurisdiction and You and HomesPakistan waive any right to object to the exclusive jurisdiction of the courts of Pakistan.
19. We retain the right to edit, suppress, remove or amend any links or similar to third party sites, documents or associated data if, in our opinion, the operation of such links will adversely affect in any way the performance of our website or the user experience of using our website.
20. We may assign, sub-contract or transfer our rights and obligations to any entity within the HomesPakistan Group at any time. You agree that You may not assign, subcontract or transfer any of Your rights or obligations under this Agreement without the prior written consent of HomesPakistan. You shall remain liable to HomesPakistan for any breach of this Agreement by Your assignees, subcontractors or transferee’s.

E) PAYMENT TERMS

1. Currently HomesPakistan is completely free.