Member Terms and Conditions - Pak Agents
Member Terms and Conditions

Definitions

In these Member Terms and Conditions the following terms shall have the following meanings:

“Content” means any and all content and materials (including property details and any intellectual property rights of whatsoever nature) supplied or made available by, on behalf or on the instruction of, the Member to PAKAGENTS.COM or any Group Company on the Website(s);

“Developer” means a property developer, details of which are set out in the Order Form;

“Contract” or “Agreement” means a contract for Services between PAKAGENTS.COM and the Member governed by these Member Terms and Conditions, the Order Form and, where appropriate, Product Specific Member Terms and Conditions;

“Fees” means the amounts due to PAKAGENTS.COM (or any Group Companies) by the Member under the Contract and set out or calculated in accordance with the Order Form (or as varied from time to time in accordance with clause 4.9);

“Force Majeure Event” means an event beyond the reasonable control of the party affected by it;

“Group” means any holding company or companies and any subsidiary undertaking(s) of PAKAGENTS.COM from time to time and “Group Company” and “Group Companies” means any one or more of such companies;

“Initial Term” means an initial term of the Contract, if any, as set out in the Order Form (as extended from time to time in accordance with clause 7.7);

“Lead” means either an email or telephone call received by the Member from buyers, renters, owners or any other party, who has contacted the Member using the contact form or contact details supplied on the Website(s);

“Logo” means the PAKAGENTS.COM logo or any other logo as PAKAGENTS.COM or any Group Company may from time to time provide electronically to the Member;

“Marketing Materials” means the marketing materials provided to the Member by PAKAGENTS.COM or any Group Company for the purpose of promoting the Services;

“Member” means the Agent or the Developer;

“Minimum Term” any minimum order period or term (other than the Initial Term) for Services as set out in a Services Amendment Form;

“Order Form” means the order form for Services (as amended or added to from time to time by a Services Amendment Form, via Pakagents.com or otherwise by the parties in writing) indicating the Services to be provided under the Contract;

“Product Specific Terms and Conditions” means additional terms and conditions that relate to specific Services provided by PAKAGENTS.COM and to which, in addition to these Member Terms and Condition, the Member shall be subject whilst in receipt of such Services;

“Services” means the services to be provided by PAKAGENTS.COM (or its Group Companies) as set out in the Order Form and which may include any, or a combination, of the following:

  • A process facilitating the upload by the Member of property details (including images) to the Website(s);
  • Displaying the Member’s properties on the Website(s);
  • Providing the Member with a listing within the agent directory on the Website(s);
  • The provision of Leads to the Member;
  • The provision of advertising services to the Member;
  • The provision of providing access to property appraisals, property buy/sell assistance and property management services.
  • The provision of reports and access to reporting tools to the Member; and

Any other services provided by PAKAGENTS.COM from time to time.

“Services Amendment Form” means a services amendment form, additional products order form or any other form provided by PAKAGENTS.COM and signed by the Member indicating an amendment or addition to the type or level of Services set out in the Order Form;

“Start Date” a start date for the Contract as may be specified in the Order Form;

“Unique User” means a uniquely identifiable visitor to the Website(s) within any calendar month;

“Upload Systems” means any system made available by PAKAGENTS.COM to the Member to facilitate the supply of Content to the Website(s);

“Website(s)” means the website located at www.pakagents.com and any other website whose domain is owned or controlled or powered by PAKAGENTS.COM or any Group Company as PAKAGENTS.COM may determine and via which Services are provided.

“Working Day” means any day other than Saturday and Sunday and Bank Holidays on which the banks in Pakistan are open for normal business;

“PAKAGENTS.COM” or “the Company” means IZAK 10  Plc, a company incorporated in Pakistan; and 
“Pakagents.com” means the backend tool accessible to Members for viewing and managing their PAKAGENTS.COM membership.

  1. Contract between PAKAGENTS.COM and the Member

    • 1.1. No Contract shall subsist until (a) unless waived by PAKAGENTS.COM, an Order Form completed and signed by the Member is received by PAKAGENTS.COM (or a Group Company) and until (b) the later of the Start Date (if any) and PAKAGENTS.COM (or any Group Company) commencing provision of Services (whether by facilitating display of Content on the Website(s) or otherwise) whereupon PAKAGENTS.COM and the Member shall be deemed to have entered into a legally binding Contract on the Member Terms and Conditions set out herein and any relevant Product Specific Terms and Conditions.
    • 1.2. The Contract shall be between PAKAGENTS.COM and the Member and shall comprise the Order Form, these Member Terms and Conditions and any relevant Product Specific Terms and Conditions to which the Member is subject which, together, shall constitute the entire agreement between the parties to the exclusion of all previous terms and conditions (whether between the Member and PAKAGENTS.COM or the Member and another Group Company) and all other terms and conditions (including any which the Member purports to apply under any purchase order, confirmation of order or other document).
    • 1.3. In the event of any conflict between these Member Terms and Conditions and the Order Form, these Member Terms and Conditions shall prevail and in the event of any conflict between these Member Terms and Conditions and any Product Specific Terms and Conditions, these Member Terms and Conditions shall prevail save where they relate to a matter pertaining to Services to which any relevant Product Specific Terms and Conditions relate whereupon such Product Specific Terms and Conditions shall prevail.
    • 1.4. All Contracts between PAKAGENTS.COM (or any Group Company) and a Member shall be governed by these Member Terms and Conditions and any relevant Product Specific Terms and Conditions and any variation thereof shall have no effect unless expressly agreed in writing and signed by PAKAGENTS.COM. From time to time, PAKAGENTS.COM may amend these Member Terms and Conditions and any Product Specific Terms and Conditions and reserves the right to do so in its absolute discretion, acting reasonably, at any time without prior notice to the Member. Any changes will be posted on the Website(s) and become effective at the time of posting.
    • 1.5. PAKAGENTS.COM reserves the right to reject any Order Form and/or refuse to enter into a Contract or provide any Services to a third party at its absolute discretion including where it believes (i) that party is not providing the services of an Agent or Developer (as determined by PAKAGENTS.COM’s advertising criteria) or (ii) that the quality of its Content is not or will not be of a professional standard commensurate with that of its Members generally.
  2. Services

    • 2.1. Subject to these Member Terms and Conditions and any relevant Product Specific Terms and Conditions, PAKAGENTS.COM (or any Group Company as PAKAGENTS.COM may determine) will provide the Member with the Services in accordance with the Order Form.
    • 2.2. PAKAGENTS.COM may vary the Services from time to time with or without notice to the Member.
  3. Content and Obligations

    • 3.1. The Member warrants and represents that:
      • 3.1.1. it is an Agent, Buyer, Seller, Manager or Developer and that it does not act as a consumer in relation to the Contract.
      • 3.1.2. Content will comply with all applicable laws, regulations and codes of practice in Pakistan and will not be defamatory or infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
      • 3.1.3. it is responsible for the integrity of the Content which is in all respects true, complete and accurate to the best of the Member’s knowledge and belief and the Member shall promptly update or correct Content on becoming aware of any errors or inaccuracies and shall provide such assistance as PAKAGENTS.COM shall reasonably require to identify and remedy any unauthorised use of Content;
      • 3.1.4. within no more than 3 Working Days 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 the Member will either alter the status of the property details in the upload provided to PAKAGENTS.COM so that it may be displayed as “under offer” “sold” or “let” as appropriate on the Website(s) or will remove the property from the upload provided to PAKAGENTS.COM so that it is no longer displayed on the Website(s);
      • 3.1.5. it has the authority to market the properties in the Content;
      • 3.1.6. it holds all necessary authorities, consents and licences necessary to use, display, reproduce, publish the Content and has authority to and grants PAKAGENTS.COM (and its Group Companies) a licence of the Content on the terms set out in clause 3.2;
      • 3.1.7. it has read and will abide by all notices posted on the Website(s) from time to time that are relevant to the provision of the Services, including but not limited to the Privacy Policy;
      • 3.1.8. it shall not use PAKAGENTS.COM’s name, the name of any Group Company or any Logos, trade or services marks of PAKAGENTS.COM or the Group in a defamatory or derogatory manner or in any way that might bring PAKAGENTS.COM, the Group or its directors or employees into disrepute nor shall the Member misuse or deface (or allow to be misused or defaced) any Marketing Materials provided to it;
      • 3.1.9. it will abide by any applicable industry code of conduct or guidelines issued by any relevant trade organisation and will abide by all applicable laws and regulations applying to or affecting Members including, but not limited to, The Property Misdescriptions Act 1991;
      • 3.1.10. it will provide a contactable telephone number. Where a trackable telephone number has been allocated to the Member by PAKAGENTS.COM, the Member will use this number to enable PAKAGENTS.COM to effectively monitor Leads delivered to the Member and take no actions that would interfere with such monitoring, and the Member agrees that PAKAGENTS.COM and its suppliers may record all telephone calls for the purposes of monitoring Leads delivered or replaying Leads to Members; and
      • 3.1.11. it shall ensure that only its authorised persons have access to the Services and the Upload Systems and that where it provides Content via the Upload Systems it shall only do so in a format compatible with any technical specifications issued by PAKAGENTS.COM from time to time. The member agrees 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. The Member grants PAKAGENTS.COM and the Group a non-exclusive, royalty free, perpetual licence to copy, reproduce, display, sell, publish, adapt 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 licence shall survive termination of the Contract. The Member agrees that PAKAGENTS.COM and any Group Company may, but shall not be required to, identify the Member as the source of the Content on the Website(s) or in any other medium through which the Content or any deriTaxive thereof is published or displayed.
    • 3.3. PAKAGENTS.COM may:
      • 3.3.1. in its absolute discretion, at any time and without notice to the Member, remove, cause to be removed or decline to display any Content on the Website(s); and
      • 3.3.2. without prejudice to PAKAGENTS.COM’s right as set out in 3.3.1 above, require the Content to be amended at any time if PAKAGENTS.COM considers or has reason to believe that the Member is in breach of the Contract or where it deems in its absolute discretion the Content to be of poor quality in terms of presentation, information provided or otherwise.
    • 3.4. The Member acknowledges and agrees that:
      • 3.4.1. neither PAKAGENTS.COM nor any Group Company shall be under any obligation to monitor or censor the Content that appears on the Website(s) but PAKAGENTS.COM reserves the right for itself (and the Group) to do so;
      • 3.4.2. neither PAKAGENTS.COM nor any Group Company is responsible for any error or omissions in any Content;
      • 3.4.3. as part of the Services the Member may be provided with access to data including that derived from the content and data provided by PAKAGENTS.COM’s Members and other third parties. PAKAGENTS.COM takes reasonable care to ensure that such data is accurate and up to date but makes no representation or warranty about the accuracy or completeness of such data and the data is not intended to be, and must not be treated by a Member as, comprehensive but an aggregation of the content and data available to PAKAGENTS.COM at the time of provision and available to the Member in accordance with its level of membership;
      • 3.4.4. technological failure may impede the provision of the Services or prevent access to all or any part of the Content displayed on the Website(s) or to the Upload Systems. PAKAGENTS.COM makes no representation or warranty that the Website(s), the Services, the Content or the Upload Systems will be accessible or available at all times, or that the whole or any part of the Website(s), Services, the Content or Upload Systems will be free from error and while PAKAGENTS.COM will make reasonable endeavours to notify the Member in advance, it may suspend temporarily or alter the operation of the Website(s), Services or the Upload System without notice to the Member;
      • 3.4.5. it is responsible for and will pay all telecommunications and internet access charges incurred by it when using the Website(s);
      • 3.4.6. transmission of data over the internet can be subject to delays and errors and can cause corruption of data for which neither PAKAGENTS.COM nor any Group Company shall be responsible;
      • 3.4.7. PAKAGENTS.COM may limit (i) the number of properties that may be displayed to 100 per branch (in the case of an Agent) or 100 per development (in the case of a Developer) and (ii) the number of photographs that may be displayed by the Member to 20 images per property;
      • 3.4.8. where the Services are limited in any way (including but not limited to limits set out in 3.4.7) the Member will make no attempt to exceed such limits;
      • 3.4.9. in providing the Services, and in order to provide information of other PAKAGENTS.COM products and services, PAKAGENTS.COM and the Group Companies may, unless otherwise agreed in writing by PAKAGENTS.COM and the Member, contact the Member by electronic means, including e-mail and other electronic media and the Member shall maintain a valid working e-mail address for each of its branch offices and shall immediately notify the Company of any change of e-mail addresses;
      • 3.4.10. it shall for the duration of the specific Contract, take reasonable steps to promote the Website(s) to its customers and display any Marketing Materials provided by PAKAGENTS.COM at its premises, provide a link on its website to the Website(s) and include the Logo in its sales and advertising materials. For the purpose of carrying out these obligations only, PAKAGENTS.COM grants the Member a non-exclusive licence for the duration of the Contract to use, display and copy the Logo, PAKAGENTS.COM name and any trade or services marks used by PAKAGENTS.COM or the Group and copyright (or other intellectual property rights) contained in the Marketing Material; and
      • 3.4.11. all intellectual property rights in the Services, technology supporting the Services (including the Upload System) and the Website(s) vest in PAKAGENTS.COM and/or its licensors/sub-contractors and that the Member has no rights in, or to, such intellectual property other than the right to use the same in accordance with the Contract.
    • 3.5. Any third party, purporting to act as agent for or on behalf of a prospective Member, contracting with PAKAGENTS.COM for the provision for Services warrants and represents that it has the full and valid authority of that prospective Member to bind it and to the extent that (i) that third party exceeds its authority and/or (ii) the prospective Member refuses to such pay any Fees or charges that third party shall be liable, on an indemnity basis, for all Fees and any other charges due hereunder.
    • 3.6. The Member shall not publish, disclose, reproduce or create any deriTaxive works from any information obtained pursuant to the Member’s use of the Services unless expressly agree in writing by PAKAGENTS.COM.
    • 3.7. The Member shall promptly notify PAKAGENTS.COM if there is any increase or decrease in the number of branch offices operated by the Member.
  4. Fees

    • 4.1. Fees (plus any other taxes or duties thereon) and any other charges due hereunder shall be paid by the Member in accordance with these Member Terms and Conditions.
    • 4.2. PAKAGENTS.COM (or any Group Company as PAKAGENTS.COM may determine) shall charge / invoice the Member monthly in advance (or in arrears for Services provided either on a “one-off basis” or on a “recurring” basis) on or around the 1st day of each month and the invoice shall become payable 14 calendar days after the invoice date. The Member shall pay the Fees to PAKAGENTS.COM by online payment, bank transfer, or by such other method as may be agreed in writing by PAKAGENTS.COM, on the due date to such account as PAKAGENTS.COM may from time to time advise and where payment is to be made by automated debit the Member hereby authorises PAKAGENTS.COM (or a Group Company on its behalf) to collect the payment on the due date.
    • 4.3. If the Member fails to pay any amount due to PAKAGENTS.COM (or any Group Company) by the due date for payment then:
      • 4.3.1. PAKAGENTS.COM on behalf of itself and the Group reserves the right to charge interest on any outstanding amounts at the rate of 4% per annum above KIBOR base lending rate in force from time to time or such higher amount as may be permitted by statute from the due date until settlement of the outstanding sums or discharge of the debt; and
      • 4.3.2. without prejudice to any other right or remedy available to PAKAGENTS.COM, PAKAGENTS.COM shall be entitled to terminate the Contract or suspend provision of the Services (in accordance with clause 7.3 or 7.4. respectively), remove any reference or prevent access to the Content submitted to the Website(s) without notice to the Member and until payment of all outstanding Fees is made in full.
    • 4.4. PAKAGENTS.COM reserves the right to charge the Member its reasonable administration costs in dealing with any failed payments and/or its costs in relation to pursuing outstanding amounts (including legal fees and expenses).
    • 4.5. PAKAGENTS.COM reserves the right to require the Member to pay a deposit before making the Services available to the Member. If a deposit is required, it shall be repaid by PAKAGENTS.COM to the Member on termination of the Contract, subject to PAKAGENTS.COM being permitted to offset any amounts due from the Member under the Contract against any such deposit repayment.
    • 4.6. PAKAGENTS.COM reserves the right to charge a monthly administration fee of $5 plus TAX on any account where payments are not made by direct debit.
    • 4.7. PAKAGENTS.COM reserves the right to charge Members an administration fee of $100 plus TAX per branch (in the case of an Agent) or $100 plus TAX per development (in the case of a Developer) if having terminated one Contract with PAKAGENTS.COM they wish to enter into another Contract with PAKAGENTS.COM or the Group within 12 months of the termination.
    • 4.8. PAKAGENTS.COM does not guarantee the quality or quantity of Leads it provides to its Members. No refunds or credits will be given by PAKAGENTS.COM for failure to provide a certain number of Leads.
    • 4.9. Without prejudice to the generality of clause 1.3, PAKAGENTS.COM reserves the right to vary its Fees and any structure of charges in place from time to time subject to providing 30 calendar days written notice to the Member. Any services provided after changes have taken effect will be subject to the relevant new Fees and/or new charging structure.
  5. Liability
    • 5.1. All warranties, conditions, representations or other terms implied by statute or common law in relation to the Website(s) and any Services provided to the Member by PAKAGENTS.COM (or any Group Companies) are excluded to the fullest extent permitted by law.
    • 5.2. Neither PAKAGENTS.COM nor any Group Companies shall be liable to the Member under or in connection with the Contract for any loss of business, contracts, profits, anticipated profits, savings or data, or for damage to hardware and software, or for any indirect, special or consequential loss or damage whatsoever.
    • 5.3. Except as provided in Clause 5.4, the total liability of PAKAGENTS.COM and the Group to the Member for loss or damage under or in connection with the Contract (including any liability for negligence on the part of itself, its directors, employees, agents or assigns) shall not exceed the aggregate amount of Fees (exclusive of TAX) paid by the Member in the three months immediately preceding the month in which the Member incurred the loss or damage occasioning such liability to PAKAGENTS.COM or any Group Companies. This limitation of liability may be further limited by the relevant Product Specific Terms and Conditions in respect of any claim relating to Services to which those Product Specific Terms and Conditions apply.
    • 5.4. Nothing in the Contract shall exclude or limit liability for death or personal injury resulting from the negligence of PAKAGENTS.COM or the Group or for fraud or any other liability that cannot be excluded or limited by law.
    • 5.5. Neither PAKAGENTS.COM nor any Group Company shall be liable for any liability caused by the Member’s breach of the Contract;
    • 5.6. Neither PAKAGENTS.COM nor any Group Company shall be liable to the Member for any liability of whatsoever nature incurred as a result of the Member using, altering or manipulating any data provided by PAKAGENTS.COM or changing the manner in which such data is represented.
    • 5.7. The Member accepts full liability for and shall indemnify PAKAGENTS.COM (and the Group) on demand against any and all claims, losses, damages, costs and expenses (including reasonable legal and other professional fees) incurred by PAKAGENTS.COM (and the Group) in relation to any third party claim arising from the Content or misuse by the Member of the Services except to the extent that the foregoing results directly from the negligence of PAKAGENTS.COM (or any Group Company).
    • 5.8. The Member agrees that this Clause 5 is fair and reasonable.
  6. Confidentiality

    • PAKAGENTS.COM and the Member agree to keep any and all Confidential Information that is obtained about the other strictly confidential. “Confidential Information” means any information or matter concerning the business, finances, technology or affairs of the other party which is not in the public domain (other than by breach of this clause) but shall not include any information that either party is required to disclose by law or which has come into the public domain other than by breach of this clause. This clause shall survive termination of the Contract.
  7. Termination and effect of termination

    • 7.1. Each Contract shall continue until terminated in accordance with these Member Terms and Conditions.
    • 7.2. Subject to clause 7.7, PAKAGENTS.COM or the Member shall be entitled to terminate the Contract at will:
      • 7.2.1. where no Initial Term is specified in the Order Form, on at least 30 calendar days written notice,to the other party such notice to expire at the end of a calendar month; and
      •  7.2.2. where an Initial Term is specified in the Order Form, on at least 30 calendar days written notice(to expire at the end of a calendar month falling not before the expiry of the Initial Term).
    • • 7.3. Either party may terminate the Contract immediately upon written notice to the other party if the other party
      • 7.3.1. commits any material or persistent breach of the Contract and, in the case of breaches capable of remedy, that other party fails to remedy the same within 14 calendar days of receipt of a written notice giving particulars of the breach and requiring it to be remedied; or
      • 7.3.2. ceases to carry on its business or shall have a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or shall pass a resolution for its winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all the liabilities of it) or a court of competent jurisdiction shall make an administrative order or liquidation order or similar order, or shall enter into any voluntary arrangement with its creditors or is unable to pay its debts as they fall due; or
      • 7.3.3. if the other party is subject to a Force Majeure Event that continues for longer than one month.
    • 7.4. Without limiting any other rights contained in these Member Terms and Conditions or any relevant Product Specific Terms and Conditions, PAKAGENTS.COM (or any Group Companies on its behalf) may immediately,suspend provision of the Services or access to or temporarily remove any Content from the Website(s) (or cause any of those things to occur) if the Member breaches the Contract and fails to rectify that breach immediately upon receipt of notice requiring rectification.
    • 7.5. On termination of the Contract for whatever reason:
      • 7.5.1. all Fees and any other sums due from the Member to PAKAGENTS.COM (or any Group Companies) shall immediately become payable and the Member shall immediately pay PAKAGENTS.COM such sums in full;
      • 7.5.2. the licences referred to in clause 3.4.10 (orcontained in any Product Specific Terms and Conditions) shall immediately terminate; and
      • 7.5.3. the Member shall immediately cease using the Services and permanently delete any access passwords for the Services or the Upload Systems.
    • 7.6. Termination or suspension shall not affect the accrued rights or liabilities of PAKAGENTS.COM, or any Group Companies or the Member nor, in the case of termination, any provision of the Contract which is expressed as surviving the Contract or which is required to survive the Contract to give effect thereto.
    • 7.7. Where the provision of Services ordered by a Member are stated as being subject to a Minimum Term, the Member may not serve notice to terminate the Contract until the expiry of such Minimum Term and where a Member’s Initial Term expires before the expiry of such Minimum Term, the Initial Term shall be deemed extended until the expiry of the Minimum Term.
  8. Force majeure

    Neither PAKAGENTS.COM (or Group Companies) nor the Member shall be liable for any delay or non-performance under the Contract caused by a Force Majeure Event provided that the party affected gives prompt notice in writing to the other party of such event and uses reasonable endeavours to continue to perform its obligations under the Contract.

  9. Data Protection

    • 9.1 The Member, and subject to clause 9.2 PAKAGENTS.COM, shall comply with the INFORMATION SECURITY LAWS in relation to use of Personal Data obtained from users of the Website(s) and shall take appropriate technical, organisational and security measures to prevent loss or unauthorised access or use of Personal Data.
    • 9.2 The Member warrants and represents that, to the extent that it provides PAKAGENTS.COM directly or indirectly with the Personal Data relating to any individual it shall have obtained that individual’s consent to (i) process, use and store that Personal Data for the purpose of providing of the Services and (ii) transmit that Personal Data to PAKAGENTS.COM and other third parties (including those in countries outside Pakistan) to process, use and store for the purpose of providing of the Services.
  10. General

    • 10.1. Nothing in these Member Terms and Conditions or any Product Specific Terms and Conditions shall be deemed to create an exclusive arrangement between the Member and PAKAGENTS.COM (or any Group Companies ) nor any agency, partnership or joint venture between the parties.
    • 10.2. The Member may not assign, transfer or dispose of the benefit or burden of the Contract without the prior written consent of PAKAGENTS.COM.
    • 10.3. If any provision of the Contract shall be held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.
    • 10.4. No failure or delay by PAKAGENTS.COM (or any Group Company on its behalf) or the Member in
      exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver of any breach of the Contract shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Contract shall be deemed to be a waiver of any subsequent or other breach of the Contract.
    • 10.5. Any notice required or permitted to be given by either party to the other under the Contract shall be in writing and addressed to that other party at its registered office or principal place of business, faxed to its facsimile number set out on the Order Form or nominated email address set out on the Order Form . Any notice or document shall be deemed to have been served (i) if delivered, at the time of delivery, (ii) if posted, two Working Days after it was put into the post, or (iii) if sent by facsimile or e-mail at the time of despatch. In proving service of a notice or document it shall be sufficient to prove that delivery was made or that the envelope containing the notice or document
      was properly addressed and posted as a prepaid first class letter or that the facsimile or e-mail message was properly addressed and despatched as the case may be.
    • 10.6. No person other than the parties to the Contract and members of PAKAGENTS.COM’s Group have any rights to enforce any term of the Contract. This does not affect any right or remedy of any third party that exists or is available apart from that Act.
    • 10.7. The Contract shall be governed by and construed in accordance with Pakistani law and PAKAGENTS.COM and the Member submit to the exclusive jurisdiction of the Pakistani courts.

    These Member Terms and Conditions were last updated on 30 September 2015.

  11. Terms of use

    Pakagents.com is operated by IZAK 10 Plc registered office at Flat No. 03, 3rd Floor, Building 868/C C Area, Allama Iqbal Road, Block II, P.E.C.H.S Karachi-75400, Pakistan. By using this website and the services contained therein (‘Services’) you agree to comply with and be bound by the following terms and conditions (‘Terms of Use’). If you do not agree to and accept these Terms of Use, you should not use this website. All references within these Terms of Use to ‘we/us/our’ refer to IZAK 10 Plc.

  12. Restrictions on Use

    • You agree not to transmit any material designed to interrupt, damage,destroy or limit the functionality of our website or the Services.
    • You agree not to use any automated software to view the Services without consent and to only access our Services manually.
    • You agree not to use the Services other than for your own personal use or as an agent listing properties for sale and to rent.
    • You agree not to attempt to copy our data or reverse engineer our processes without our consent.
    • You agree not to use our Services in any manner that is illegal, immoral or harmful to us.
    • You agree not to use our Services in breach of any policy or other notice on our website.
    • You agree not to remove or alter any copyright notices that appear on our website.
    • You agree not to publish any material that may encourage a breach of any relevant laws or regulations.
    • You agree not to interfere with any other user’s enjoyment of our website or the Services.
    • You agree not to transmit materials protected by copyright without the permission of the owner.
    • You agree not to conduct yourself in an offensive or abusive manner whilst using our website or the Services.
  13. Registration and security

    You must be over eighteen years of age to register on our website and must ensure that the details provided by you on registration are true, accurate, current and complete. It is your responsibility to update and inform us of any changes to the details provided on registration. Although certain parts of our website may be used by anyone who visits without requiring registration, some of the Services require you to register in order to enable us to verify your identity.

    By registering with the service, you agree that we can send you emails about your account, other Pakagents.com services and occasional third party offers. You can manage your communication preferences or unsubscribe from communications at any time via the MyPakagents.com section of the website.

    When registering, you will be asked to create a password and will be responsible for maintaining the confidentiality of your password and restricting access to your computer, as you will be accountable for any activities conducted under your password. If you believe that someone has accessed your account without authorisation, please contact us immediately.

  14. Materials you provide

    By submitting content on our website or otherwise providing content to us in connection with the Services (‘Materials’), you grant us a royalty-free, perpetual, irrevocable and non-exclusive right and license to (a) use, reproduce, distribute, display, modify and edit these Materials in connection with the Services and (b) sublicense these rights. We will not pay you any fees for these Materials and reserve the right in our sole discretion to remove or edit them at any time. You also warrant and represent that you have all rights necessary to grant us these rights. We permit you to post Materials on our website in accordance with our procedures provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.

  15. Your responsibilities

    We are not an estate agency and we provide a service whereby agents may market and you may view property details (‘Details’) together with other content hosted and developed by us. Agents are responsible for preparing the Details and fielding enquiries directly from you. We do not get involved in any communications between you and agents and we do not participate in any part of the transaction.

    Details are hosted by us in good faith but are produced directly by agents and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.

    • You are responsible for checking, confirming and satisfying yourself as to the accuracy of any Details.
    • You are responsible for instructing a surveyor and obtaining legal advice before committing to any purchase.
    • You are responsible for ensuring that you act in good faith towards any other parties.
  16. Availability of website

    We strive to ensure that our website and the Services are available to you at all times but cannot guarantee that either the website or the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the website and the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We
    reserve the absolute right to alter, suspend or discontinue any part of our website or the Services,including your access to it.

  17. Third parties

    Our website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them. Our website may also contain advertising from third parties and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on our website should not be taken as an endorsement by us of any kind. Furthermore, our website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.

  18. Intellectual property

    The Services and all content on our website, including but not limited to design, copy, search results, images, graphics, structure, layouts and the underlying software code are protected by copyright and trademarks and are subject to the intellectual property rights of IZAK 10 Plc and its licensors. Our logos together with our trademarks and/or service marks may not be copied or reproduced without our prior written consent. All rights are reserved, except for the limited licensed rights expressly granted below.

    You may not reproduce, republish, transmit or distribute any material or information on our website without our prior consent. However, you are granted a limited right to access the Services and retrieve, display and print content pages for your own personal, non-commercial use only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence to use our Services and to prevent future access by you to our website.

    News articles displayed on our website are the copyright of IZAK 10 Plc.

  19. Disclaimer

    The Services are provided on an ‘as is’ and ‘as available’ basis and we make no representations or warranties of any kind, either express or implied. You expressly agree that your use of our website and the Services is at your sole risk and we expressly disclaim any and all warranties, either express or implied, including without limitation warranties as to quality, suitability for any purpose, compatibility, reliability, accuracy, completeness, timeliness, access or use. We accept no responsibility and make no guarantee that the Services will be free from faults, errors and/or omissions. It is your sole responsibility to evaluate the quality, suitability, accuracy, completeness and reliability of the Services or any information provided.

    The value estimates provided on our website are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on a) publicly available information which may be inaccurate or incomplete and b) typical properties in certain locations. They will not take account of any factors which are unknown to us and should therefore only be used as a starting guide to help determine what a home might be worth. None of the Services are intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

    Property descriptions and other information provided on our website are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. The property advert pages on our website do not constitute property particulars and these should be available directly from the agent marketing the property. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents to ensure the accuracy and integrity of property descriptions provided on our website and in any property particulars.

  20. Limitation of liability

    In no event shall we nor any of our officers, shareholders, directors, employees, agents or suppliers be liable for any loss or direct, indirect, consequential, incidental, special or any other damages arising from your use of the Services. Should you not agree with any part of these Terms of Use or have any dispute or claim against us or our suppliers with respect to these Terms of Use or the Services, your sole and exclusive remedy will be to discontinue using the Services.

    Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory rights you may have as a consumer which may not be excluded nor in any way to exclude or limit our liability to you for personal injury or death caused by our negligence.

  21. Indemnification

    You agree to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party due to or arising out of your use of the Services, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any other person or entity.

  22. Changes to Terms of Use

    We reserve the right in our sole discretion to change these Terms of Use at any time without prior notice to you. Any changes will be posted on our website and become effective at the time of posting. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. We reserve the right to modify, suspend or discontinue all or part of the Services at any time to you and/or others, with or without notice. We shall not be liable to you or any other party should we exercise our right to modify, suspend or discontinue all or part of the Services.

  23. Applicable law

    These Terms of Use shall be governed by and construed in accordance with Pakistani law and the parties agree that any disputes will be settled in Pakistani courts, save that we may take action in any relevant jurisdiction to enforce our intellectual property rights. Should any provision of these Terms of Use be determined to be invalid or unenforceable by any court having competent jurisdiction, then the invalid or unenforceable provision will be replaced with a provision that reflects the intent of the original provision, to the extent permitted by applicable law and all other provisions of these Terms of Use shall remain in full force and effect.

  24. General

    The headings in these Terms of Use are solely used for convenience and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time without notice to you and upon such assignment will be relieved of any further obligation under these Terms of Use. You may not assign, transfer or sublicense your rights, if any, under these Terms of Use. Our delay or failure to exercise or enforce any right or provision of these Terms of Use with respect to a breach by you or others shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these Terms of Use caused by circumstances beyond our control.

    These Terms of Use together with the Privacy Policy constitute the entire agreement between you and us with respect to the Services and supersede any and all prior agreements and understandings between you and us.

    If you have any questions or comments about our Terms of Use, please Contact us.
    IZAK 10 Corporation, 3rd Floor, Building 868/C C. Area, Allama Iqbal Road, Block II, P.E.C.H.S Karachi