BY CONTINUING TO USE THE WEBSITE AND SERVICES YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND YOU AGREE TO BE BOUND BY THEM. BY CLICKING THE ‘SIGN UP’ BUTTON DURING THE ACCOUNT REGISTRATION PROCESS, YOU EXPRESSLY AGREE TO BE BOUND BY THIS AGREEMENT.
2. Additional Terms
The Services offered by the Company may require you to agree to additional terms and conditions than those stated hereunder. By proceeding to use the Services, you expressly agree to abide by any such additional terms, including Subscription Fees Payment terms which are deemed to be incorporated in this Agreement.
Only Users who have accepted the Subscription quotation and Payment terms provided by the Company are eligible to sign up for a Supplier Account on the Platform. If you wish to request a Subscription quotation, please contact us at firstname.lastname@example.org.
You agree to use the Services in compliance with all applicable local laws and regulations. You may only enter into this Agreement on behalf of your employer, principal or business if you have the requisite authority and capacity to act on behalf of such entity and to bind the former to this Agreement.
We do not target our Website and Services to Users under the age of eighteen years. If you are under the age of eighteen years, you are strictly prohibited from providing any personal information to us.
4. Key Terms
Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder: “Supplier Admin User” refers to a User who has full access to all data stored in Supplier Account as well as full admin rights to view analytics and upload inventory files. “Authorised Access” refers to the use of the Platform as intended and authorised by the Supplier Admin User and the Company in accordance with this Agreement. “Supplier data” refers to all Inventory data uploaded, shared, stored or transmitted by Supplier Admin User or the PIE Administrator acting on behalf of the Supplier, onto the Supplier’s Platform Account in accordance with this Agreement. “User” refers to all Platform Users and includes any reference to Suppliers, Brokers and their Authorised Users respectively. “Supplier Service” refers to the Service as described in Article 5 of this Agreement. “Supplier/s” refers to Users who are Property developers or Property resellers. “Broker/s” refers to Users who are operating as Real Estate Agents/Property Brokers and wish to use the Platform to conveniently access all on sale property offered by Suppliers who have approved their access request. “Property Inventory” refers to the all on sale property information as provided by the Supplier. “Property Inventory File/s” refers to the daily updated Property Inventory sent by the Supplier to the PIE Administrator in one of the accepted file formats. “PIE Administrator” refers to an authorised Company representative who is responsible for uploading Property Inventory Files onto a Supplier Account. Any reference to Company in this Agreement includes the PIE Administrator. “Subscription Fees” refers to the monthly Service fees payable by the Supplier to the Company. Subscription Fees quotation is provided by the Company to Suppliers before the creation of the Supplier’s Platform Account.
PIE is an online software service that enables Suppliers to easily upload and share their property inventory with their approved real estate Brokers around the world. Property Inventories are only visible to those Brokers who have been granted sharing access by the Suppliers. Suppliers retain full control of their Property Inventory on the Platform and choose who they wish to share it with. Supplier Admin User can also view analytics in Supplier PIE account to view the number of clicks on Property Inventory from other Platform Users.
It is solely the responsibility of the Supplier to ensure that all Supplier’s authorised users, governing bodies, employees, contractors and other parties who are involved in the Supplier’s business and who provide or collect any information through the Platform are aware of the terms of this Agreement. Any violation of this Agreement by Supplier’s employees, agents, officers, shareholders, members of governing bodies or contractors will be deemed to be a violation of this Agreement by the Supplier.
By registering a PIE account, Supplier agrees to update its property inventory on the Platform on a daily basis or as otherwise required. If a Supplier is unable to upload its property inventory itself, such Supplier may delegate this daily responsibility to a PIE Administrator. Where the Supplier appoints a PIE Administrator to upload the property inventory on its behalf, the Supplier is obligated to provide the Company with a daily updated property inventory file. All costs and effort associated with delivering daily updated inventory file to the Company are solely for the Supplier’s account.
The Company disclaims all liability for errors, inaccuracies or omissions in the Property Inventory as provided by the Supplier to the Company. Although PIE Administrator takes all reasonable steps to ensure that all Property Inventories are uploaded without any errors or omissions, we are unable to offer any guarantees against errors, omissions and inaccuracies that may occur during the uploading process. It is solely the Supplier’s responsibility to review the updated Property Inventory by logging into the Supplier account. The Company will not assume any responsibility for errors and omissions that may occur in the Property Inventory when uploaded by a PIE Administrator.
In the event you identify any errors, omissions or inaccuracies in your Property Inventory, please contact us at email@example.com and provide us with a detailed description of the error or omission and the correct information that should replace it. We respond to all rectification requests within 48 hours from the time of receipt of your request.
Suppliers can choose to upload and share their Property Inventory with either all Brokers on the Platform or only with their approved Brokers.
Accessing Controlled Inventories
“Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
Accessing Open Inventory
Open Inventories, when uploaded by a Supplier, become instantly visible to all Brokers on the Platform. Brokers do not need to apply for any sharing rights request to access and interact with a Supplier’s Open Inventory on the Platform. Please note that you may still need to enter into commercial agreements with the Broker outside the Platform if you wish to enter into any transactions relating to such property and any such agreement is solely between you and the Broker.
Managing Closed Inventory
The Platform enables Brokers to access new Property Inventories from Suppliers around the world but is only visible to such Broker and its authorised users only. Suppliers can dedicate their inventory sharing to only specific Broker(s). If you wish to list your Property Inventory on the Platform and make it accessible to other Brokers, please register for a Supplier Account and upload your inventory. As a Supplier, you will retain full control of your Closed Inventory on the Platform.
THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY OR LEGALITY OF ANY INFORMATION STORED ON THE PLATFORM AND OR TRANSMITTED BY ANY USER.
THIS AGREEMENT ONLY GOVERNS USERS RIGHTS AND OBLIGATIONS TOWARDS EACH OTHER, AND TOWARDS THE COMPANY, WHEN THEY USE THE PLATFORM TO ACCESS OR SUPPLY PROPERTY INVENTORY.
THE SUPPLIERS AND BROKERS ARE SOLELY RESPONSIBLE FOR ENTERING INTO SUITABLE AGREEMENTS GOVERNING THEIR COMMERCIAL RELATIONSHIP WITH EACH OTHER OUTSIDE THE PLATFORM.
THE COMPANY WILL NOT BE A PARTY TO ANY AGREEMENTS OR TRANSACTIONS ENTERED INTO BETWEEN THE SUPPLIERS AND BROKERS. THE COMPANY DOES NOT ACT AS AN AGENT ON BEHALF OF ANY SUPPLIER OR BROKER. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER THE SUPPLIER OR BROKER TO MEET THEIR RESPECTIVE OBLIGATIONS UNDER ANY AGREEMENTS.
THE COMPANY WILL NOT BE LIABLE FOR ANY CLAIM, LOSS, INJURY, OR DAMAGE TO ANY PERSON OR PROPERTY, ARISING OUT OF OR ASSOCIATED WITH YOUR USE OF THE PLATFORM OR RELIANCE UPON ANY INFORMATION AVAILABLE THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY USER-GENERATED CONTENT POSTED ON THE PLATFORM.
FOR THE PURPOSES OF THIS AGREEMENT, THE COMPANY’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE PLATFORM.
6. Account Setup and Security
Suppliers are required to accept the Subscription quote provided by the Company before creating an account on the Platform. Once a Supplier accepts the subscription quote and payment terms, Supplier can sign up for an account on www.pie.properties by providing the Company all requested information.
We reserve the right to immediately terminate any User Account where the Account Holder provided us with false or fraudulent information. Please note, all User Accounts are offered at our sole discretion.
You are solely responsible for protecting your PIE account login credentials to prevent any unauthorised access to your account. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorised access to your account. You assume full responsibility for all activity on your account.
Please immediately report any unauthorised access to your account or other similar suspicious activity to us at firstname.lastname@example.org.
7. User Verification
The Company does not request any proof of identity from its Users. Therefore, we are unable to confirm that a User is who they claim to be. The Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided by Users through the Platform. Should the Suppliers require any additional proof of identity from the Brokers, it is for them to request such information directly from the Broker.
You should always use your own best judgment prior to accepting any inventory sharing requests from Brokers you do not know outside the Platform.
NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY, ITS EMPLOYEES, SHAREHOLDER, AFFILIATES AND LICENSORS (COLLECTIVELY REFERRED TO AS “COMPANY AND ITS OFFICERS”) FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS OFFICERS WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM OR ASSOCIATED WITH YOUR USE OF THE PLATFORM.
8. Agreement between Users
You agree that any understanding or commercial agreements you enter into with a Broker outside the Platform are solely between you, the Supplier, and such Broker. The Company will not be a party to such commercial agreements between its Users, and the terms of such commercial agreements will not expand Company’s obligations or restrict Company’s rights towards its Users under this Agreement.
9. Payment Policy
Although PIE is an online Service, Subscription payments are currently not processed through the Platform. Subscription Payments Suppliers are billed the subscription fees as specified in the Subscription quotation provided by the Company. All subscription fees for Suppliers based in Egypt are quoted in EGP whilst the subscription fees for Suppliers outside of Egypt are quoted in USD. The first subscription fee is payable 15 days before the activation date of your subscription and every month thereafter on an automatically recurring basis until you choose to cancel your subscription. Please note that where we don’t receive your Subscription fees before your account activation, we reserve the right to withhold activation of your Platform account until such time that we receive the full subscription fees.
All Subscription payments must be made in one of the approved modes of payment as provided on the Invoice. The Company currently accepts subscription payments through wire transfers, cheques, cash and payments made through the payment links. Please note that we will never request your credit card details or hold any sensitive financial information on our records. Where you choose to pay your subscription fees through the payment link option, your credit card details are collected, processed and stored by such payment processor in accordance with their own terms and conditions. By using the payment link to process your payment, you agree to be bound by such payment processor’s terms and conditions, in addition to this Agreement.
Please note, if your subscription fee is not paid on the due date specified on the invoice, we reserve the right to suspend or terminate your PIE account until such time that we receive the full outstanding subscription fee. The Company will not assume any responsibility for loss of data, third-party claims, loss of revenue or lost opportunity as a result of account cancellation or suspension as a result of your non-payment.
The Company reserves the right to change its subscription fees at any time by giving ninety (90) days notice to you. The notice will be deemed to have been served on the date we send you the email informing you of the upcoming changes. If you do not wish to continue your subscription with the amended fees, you may cancel your subscription by notifying us in accordance with Article 10 below.
10. Cancellation Policy
You may cancel your Subscription anytime by contacting us via email at email@example.com with the words “Cancellation” in the subject line. If you wish to cancel your subscription, you should do it before the end of your current billing cycle. Once you cancel your account, you will retain access to the Platform until the end of your billing cycle. Once your account is terminated, you will not be able to login to your account using your username and password. Please note that account cancellation will not release you of your obligation to pay any outstanding fees payable by you to the Company.
Please take note that we may purge all data for suspended, expired and cancelled accounts in our sole discretion. It is solely your responsibility to backup all your data that you wish to access at a later stage at all times especially before cancelling your account.
The Company reserves the right to terminate any User account or suspend a User’s access to the Platform under the following circumstances:
A User has violated any provisions of this Agreement.
A User’s conduct is harmful to the Company or any other Users.
The Company discontinues the Service for any reason.
11. Refunds Policy
Subscription payments are deemed to be fully earned on the due date specified on the invoice. In the event you decide to cancel your subscription before the end of your billing cycle, you will not be eligible for a partial refund for the remaining period.
All refund requests are dealt with on a case by case basis. If we grant your refund request, your refund will be deposited in the same account from which we received the payment. Please wait at least 15 days after your refund has been processed for the payment to appear in your account.
12. Discretionary Discounts
The Company reserves the right to offer a discretionary discount to any new or existing Users. The Company provides such discounts in its sole discretion. The Company is not under any legal obligation to offer any discount to any User.
Discretionary discounts will not have any impact on the rights and obligations of any other User who did not receive the discount. Users who did not receive a discount will remain liable for the payment of their full subscription fee in accordance with this Agreement and Subscription Quotation.
Discretionary discount will only be applicable for a specified period and will expire upon the date specified by the Company. If the recipient of discretionary discount wishes to continue using the Platform after the expiration of discount, such User will become liable for the payment of full subscription fee as specified on the Subscription Quotation provided by the Company.
Please note that additional terms and conditions may apply to discounts and by accepting any discount, you agree to be bound by such terms and conditions.
13. User-Generated Content
The Platform contains a vast amount of content uploaded, posted or shared by Users through the Platform including but not limited to Property Inventories and User Profile data (hereinafter referred to as “User-Generated Content”). We do not claim any ownership of your User-Generated Content, but you do acknowledge that any User-Generated Content that you upload, post or share through the Platform will be visible to PIE Administrator and your approved Brokers.
As a Supplier, when you upload or request a PIE Administrator to upload your Property Inventory on the Platform, you represent and warrant to the Company that you have all the necessary rights and licenses to publish this information on the Platform and to make this information available to your approved Brokers as well as the Company.
By uploading or sharing any User-Generated Content on the Platform, you grant the Company a non-exclusive, non-transferable, royalty-free and fully paid, worldwide license to use, distribute, reproduce, modify, adapt, publish, display, make copies of your User-Generated Content to deliver its Services to you, and other Platform Users, as set out in this Agreement. You also grant the Company the right to accumulate your Property Inventory and aggregate the engagement for compiling analytic reports. Please note that such aggregated analytics does not disclose User’s name or any other similar identifiers on the Platform.
You waive all claims arising from the Company’s use of your User-Generated Content.
If you have a reason to believe that any User on the Platform has violated your Copyright, please refer to Article 15.
It is solely the Supplier’s responsibility to ensure that the Property Inventory as uploaded or delivered by the Supplier to the Company:
Does not violate any applicable laws.
Does not contain any information that the Supplier does not wish to share with its approved Brokers.
Does not breach any provisions of this Agreement.
Does not disclose or share any personal information of another person or in any way violate the privacy rights of another.
The Company reserves the right to remove any User-Generated Content that violates any provision of this Agreement or is deemed inappropriate by the Company in its sole discretion.
All information provided by the User to the Company or uploaded or shared by a User through the Platform is the sole responsibility of the User from whom such information originated. The Company does not assume any responsibility for errors or omissions in User-Generated Content.
We do not verify the accuracy of any User-Generated Content on the Platform and are unable to offer any assurances against potential abuse/misuse of information outside the Platform. Accordingly, your decision to use the Platform and share your User-Generated Content through the Platform is entirely at your own risk.
14. Limited License
Excluding your User-Generated Content, all the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by or licensed to the Company and subject to trademark, copyright and other intellectual property right laws and international conventions. You are strictly prohibited from copying, selling, transferring, assigning, reproducing, republishing, disassembling, decompiling, reverse engineering or distributing any Company Content in any way unless expressly authorised by the Company in writing.
You shall not remove any copyright, trademarks or other similar proprietary notices from any Company Content. You may not use any Company Content or any User-Generated Content on a third-party website or application without the express written consent from the license owner. This Agreement grants you a limited, non-exclusive, non-transferable license to use the Platform in accordance with this Agreement.
15. Copyright Infringement Disputes
We have a zero tolerance policy towards violations of copyright laws. The Company reserves the right to immediately terminate your access to our Platform or remove any User-Generated Content that we believe, infringes the Copyright of another person or entity or which is alleged to be violating any other legal rights of any third party.
You agree that you will not post, upload, share or in any way reproduce any content that you do not have the full legal rights to use. Reporting a copyright dispute
If you believe that your copyrighted material or content is posted, uploaded or made accessible on the Platform without your authorisation, please inform us at firstname.lastname@example.org and provide us with the following information:
Identification of the content that is claimed to be infringing your copyrighted works (such as links to the page where such content appears and description of the material).
Your contact information including your name, phone number, and email address.
A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement.
A statement by you confirming all the information provided by you is bona fide true.
Please note that we may be required to provide the above information to the User who is alleged to have infringed your copyright.
We respond to your request within seven business days. Due to the complex nature of copyright disputes we are unable to offer you any assurances of the time it would take for our investigation to be completed.
Responding to Copyright Violation Claims
If your User-Generated Content has been removed as a result of copyright infringement dispute and you wish to respond to the allegation, please contact us at email@example.com with the following:
Please provide a link to the page where the content was posted before it was removed.
A written statement setting out that you are the owner or have the requisite authority or license to publish that content on the Platform.
All supporting evidence that we can provide the disputing party to refute their claim.
The information you provide us in your response will be shared with the Party disputing your Copyright.
If the parties are unable to resolve the dispute, they may seek alternative legal action to enforce their rights or defend their claims. The Company will honour the final decision of the court of law.
16. Supplier Representation and Warranties
You represent and warrant to the Company that:
You are the Copyright owner or have requisite rights and licenses to upload and share your Property Inventory through the Platform.
You will not use the User-Generated Content of another User, without the express authorisation of such User.
You will be solely responsible for making any payments for any form of intellectual property that forms part of your User-Generated Content.
Your User-Generated Content is not harmful to any User or third party.
17. Supplier Conduct
You understand and agree that:
You will not use the Platform for conducting any unlawful, illegal or prohibited activity.
You will only use the Platform in accordance with your applicable local laws.
You will not post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal.
You will not breach any terms and conditions of Third Party applications or tools used by the Company to deliver the Services to you .
You will immediately notify the Company of any issues that you encounter during your use of the Service
You will not impersonate another User or use another User’s username and password to access the Platform
You will not modify, adapt, translate, or reverse engineer any portion of the Platform
You will not use any robot, spider, site scraping/retrieval application or other automated routines to scrape any data/information from any part of the Platform
You will not reformat or frame any portion of the Website or Service without the express written consent of the Company
You will not post or submit any content or material on any website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company.
You will not transmit any viruses, trojan horses or other code of a destructive nature through the Platform.
You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
We reserve the right to add new features and functionality, modify existing features and amend any provision of this Agreement. Any changes in features and functionality of the Platform will become effective from the date of implementation. Where we make any material amendments to this Agreement, we will notify you by email and updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes.
You release the Company of any liability arising from your failure to review such modified Terms.
From time to time we may be required to carry out scheduled or unscheduled Platform maintenance including but not limited to testing, repairs, upgrades and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the Platform temporarily. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
In no event shall the Company or its officers be held responsible for any incorrect or inaccurate information arising from or associated with any User-Generated Content.
The Company and its officers shall not be held responsible for the conduct, whether online or offline, of any User.
The Platform is provided to you on an "AS-IS" and "AS AVAILABLE" basis and the Company expressly disclaims any warranty of any kind, expressed or implied, including, without limitation, any warranty of: merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality, or that the Platform will be available at any specific time or location, the Service will be uninterrupted, error-free or secure; that any defects will be corrected; or that the Service is free of viruses or other harmful components. The Company does not guarantee any specific results from the use of the Platform.
In no event will the Company be liable for any direct, indirect, punitive, special or consequential damages including, without limitation for any loss of profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if the Company was advised of the possibility thereof.
21. Limitation of Liability
The Company and its officers shall not be held liable to any User for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages arising from your use of or inability to use the Platform.
The Company assumes no liability for:
errors, mistakes, or inaccuracies of any User-Generated content .
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform .
any unauthorised access to or use of our servers or any information stored therein .
any interruption or cessation of transmission to or from the Platform .
any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform .
any loss or damage of any kind incurred as a result of your use of the Platform, whether based on warranty, contract, tort, or any other legal theory .
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In the event the above exclusion of indirect and consequential damages does not apply to you, the Company’s liability shall not exceed the amount paid by you to the Company in the month when the claim first arose.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
the violation of these Terms by you .
Your gross negligence, fraudulent or willful misconduct .
any unauthorised access to or use of our servers or any information stored therein .
the infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity .
23. Governing Law
This Agreement shall be construed in accordance with the national laws of Egypt. Any action or claims brought against the Company must be brought in the court of law, with appropriate jurisdiction to rule upon the matter, sitting in the city of Cairo, Egypt.
24. No Class Action
All claims between you and the Company related to these Terms will be litigated individually, and you will not consolidate or seek class treatment for any claim concerning the Service offered by the Company. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.
The Company may assign its rights and obligations to any person in its sole discretion without providing any notice to You. Please note that where we assign our rights and obligations to another person, such person will be bound by the same confidentiality agreement that we have towards you.
You shall not assign, transfer or in any other manner transfer any of User rights or obligations under these Terms to any third party, without the express written consent of the Company.
26. Force Majeure
Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.