Xorted Customer Agreement

This Customer Agreement (the “Agreement”) outlines the terms and conditions governing your access to and use of the Services and Platforms (as defined below). It constitutes an agreement between Xorted WLL, as specified in Section 15 below (“Xorted,” “we,” “us,” or “our”), and you or the entity you represent (“you” or “your”).

This Agreement becomes effective when you click an “I Accept” button or check box associated with these terms or sign an Order Form that incorporates this Agreement (the “Effective Date”). By agreeing to this Agreement, you affirm that you are legally capable of entering into contracts (e.g., you are not a minor). If you are agreeing to this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity. In case of a conflict between this Agreement and the Order Form, this Agreement will take precedence. For definitions of certain capitalized terms used in this Agreement, please refer to Section 15.

 

1.SCOPE AND APPLICATION OF THE CONTRACT

1.1. The Contract is effective between you and us. Your Affiliates are not permitted to use the Services under your Contract and must enter into a separate agreement with us.

1.2. This Agreement, including any Order Form, governs (i) activities on your Account, Division Accounts, and User Accounts; and (ii) the use of the Platforms by your Users. Your obligations under this Agreement also apply to your Users.

1.3. You accept this Agreement (i) by signing your Order Form (either digitally or physically); (ii) through your use of the Services; or (iii) by continuing to use the Services after being notified of any changes to this Agreement.

1.4. If you are entering into this Agreement on behalf of a company or other legal entity, you warrant and represent that you have the authority, necessary licenses, permits, and consents to do so. We may request proof of such authority. You must provide a copy of the relevant Government Identity issued to you prior to the commencement of your Contract. Both you and the company or legal entity are jointly and severally liable for all obligations under this Agreement.

1.5. We reserve the right to reject any Order Form or refuse to provide any Service at our discretion, including if:

  • You are not a licensed real estate agent, broker, developer, or hotel apartment provider.
  • You lack authority to act on behalf of a property owner for Listings.
  • You are not in compliance with Applicable Law.

2. YOUR RESPONSIBILITIES

2.1. You warrant and represent that you will:

  • Only create Listings for properties that are available for purchase or rental.
  • Hold a valid license as a real estate broker, hotel apartment provider, or real estate developer in the Location.
  • Obtain and possess necessary permits to market and publish Listings on our Platforms. You acknowledge that we are not responsible for obtaining or possessing these permits.
  • Ensure no references to Xorted, our Brand, or Platforms appear in any document or website without our prior written consent.
  • Comply with all Applicable Laws, including regulations concerning real estate.
  • Remove or mark as “Under Offer” any Listing when a property is under contract or off the market.
  • Publish only one Listing per property.
  • Hold all necessary licenses, authorizations, and consents to use, display, reproduce, and publish the Content, and grant us a license for the Content.
  • Not infringe on or misuse our Intellectual Property Rights, or act in a manner harmful to our Brand.
  • Ensure the security and integrity of your Content and data.
  • Provide us with a valid telephone number and allow us to monitor calls where applicable.
  • Ensure only authorized persons have access to the Services.
  • Provide Content in a format compatible with our technical specifications. If acting on behalf of a property owner, provide documentation proving your authority.
  • Maintain the rights to market, rent, or sell the properties specified in your Listings and inform us if these rights are lost.
  • Act in accordance with Data Protection Laws and our Privacy Policy.

2.2. You acknowledge and agree that:

 

    • You have read and agree to the terms of all legal notices on our Platforms, including our Privacy Policy and Cookie Policy.

    • By using the Service, you grant us an irrevocable, worldwide, royalty-free license to use, reproduce, display, and share the Content for the purposes of fulfilling our obligations under the Contract and improving our Services. This license survives termination of the Contract.

    • We are not responsible for errors or omissions in the Content, and we make no warranties regarding the accuracy or completeness of your Content.

    • You are responsible for all telecommunications and Internet access charges incurred when using our Platforms.

    • We may contact you with information about opportunities, products, and services from us or our affiliates.

    • We may remove a Listing subject to Sole Listing Rights of another agent.

    • You will not use tracking data from our Platforms for targeting or advertising without consent.

    • Services will not be activated, and Membership/Subscription will not be delivered until payment is received.

  • Third-party CRM providers must be pre-approved by us and comply with our CRM Conditions. A breach could result in suspension of the feed.

3. CONTENT QUALITY RESPONSIBILITIES

3.1. You warrant and represent that your Content and Listings:

  • Are lawful, not defamatory, false, misleading, or obscene, and do not expose us to legal liability.
  • Do not infringe on our or any third party’s Intellectual Property Rights.
  • Are true, complete, and accurate, and will be updated promptly if errors are discovered.
  • Comply with our guidelines and Listing requirements.
  • Refer only to the property details and must receive our prior written approval for any other material.
  • Do not involve advertising or marketing unrelated to the specific property.
  • Do not violate third-party terms, including those of our service providers.

3.2. You acknowledge and agree that:

 

    • We are not obligated to monitor or censor Content but may do so at our discretion.

    • We may remove or amend Content or Listings to meet our requirements or Applicable Laws.

    • We may change rules or procedures for Listings or Content at any time.

  • Advertising unrelated to property on our Platforms is not acceptable.

4. MEMBERSHIP AND FEES

4.1 Upon subscribing to our Membership, you agree to pay the Membership Fee as detailed in your Order Form.

4.2 The Membership Fee is non-refundable, and the Membership cannot be canceled or paused once subscribed. Refunds are only considered in cases where a duplicate transaction is confirmed. In such cases, only the duplicate portion will be refunded, processed through the original payment method.

4.3 Each Membership includes a maximum number of Listings, both normal and featured, as specified in your Order Form. You must ensure that the total number of Listings does not exceed this limit.

4.4 We reserve the right to modify the Membership Fee and associated terms at our discretion, with notice to you as specified.

4.5. You acknowledge and agree that:

  • We do not guarantee leads or impressions.
  • Memberships cannot be paused, canceled, or refunded if a Listing is not displayed as expected.

4.6. We may remove any Listing from our Platform if:

 

    • The property details are inaccurate or misleading.

    • The property is sold, rented, foreclosed, or under offer.

    • The Listing does not meet our requirements.

    • The property price does not match the owner’s request.

  • The Listing is subject to Sole Listing Rights of another agent.

5. FEES AND PAYMENT

5.1. Fees must be paid through methods we deem appropriate, as shown in the customer management system or Order Form.

5.2. Fees are due at the start of the Contract Term. For periodic payments, a pro-rata portion of the Fee is due at the start of Membership.

5.3. Provided payment is received, your Account Membership will be activated.

5.4. To secure payment obligations, you may be required to provide a cheque equivalent to the total Fee within seven (7) days. Failure to fulfill payment obligations allows us to encash the cheque and recover any fines or amounts due. Any bounced cheque will be pursued according to applicable Laws.

5.5. You are responsible for any charges levied by banks or credit card providers.

5.7. It is your responsibility to provide proof of payment to avoid interruptions in Service.

5.8. For inter-bank transfers, Memberships will be released only after payment is received in our account.

5.9. You must provide a cheque for the full contract amount and additional fees, without any restrictions on encashment.

6. PRICES AND TAXES

6.1. We may modify prices for Subscriptions, Credits, and Services. Fees for your Memberships will not change during the Contract Term,

6.2. Some Products and Services may be provided free of charge but could be subject to charges if determined by us.

6.4. Prices exclude applicable taxes, and you are responsible for any taxes related to your Subscription.

6.5. Future Taxes imposed by the government will be added to your Account or Invoice, and you will be responsible for paying them.

7. SUSPENSION AND TERMINATION

7.1 We may suspend or terminate your Account or access to the Services if you:

  • Breach the terms of this Agreement.
  • Fail to make payments as required.
  • Engage in fraudulent or unlawful activities.
  • Fail to comply with applicable laws.

7.2. We reserve the right to discontinue or modify the Services at any time, without liability.

7.3. If we terminate this Agreement, you will remain liable for any fees incurred up to the date of termination.

REFUND POLICY

8.1. Refunds of Fees (or any component thereof) are not generally provided.

8.2. Refunds will only be considered in the case of duplicate transactions. In such instances, only the duplicate portion of the payment will be refunded, and it will be returned to you through the original payment method.

8.3. For issues related to fraudulent or disputed transactions, please contact your bank or credit card provider directly.

9. DATA PROTECTION

9.1. By using the Platform, you consent to the storage and processing of your Content. If details of Property Seekers containing Personal Data are shared with us, you acknowledge that you are the Data Controller for such Personal Data and agree to comply with applicable Data Protection Laws.

9.2. You represent and warrant that any Personal Data you provide to us (directly or indirectly) has been obtained with the individual’s consent for (i) processing, using, and storing that Personal Data to provide the Services, and (ii) transmitting it to us and other third parties (including to countries with varying data protection standards) for processing and storage purposes.

9.3. Credit card and debit card details will not be stored, shared, rented, or leased to any third parties.

10. LIMITATION OF LIABILITY

10.1. We are not liable for any issues arising from (i) breaches of your obligations under the Contract, or (ii) delays or failures in performance resulting from factors beyond our control, including but not limited to viruses or server issues.

10.2. We specifically exclude liability for consequential, special, or indirect damages, including but not limited to loss of opportunity, revenue, and profits. Our liability for any breach of a non-excludable warranty or condition is limited to either (at our discretion) resupplying the Service or paying for the resupply of the Service. For any other claims related to the Contract, whether based on contract, tort (including negligence), or statute, our liability is limited to the amount paid by you under your Order Form.

11. INDEMNIFICATION

11.1. You agree to indemnify, defend, and hold harmless us and our affiliates, including their directors, officers, employees, contractors, and agents (each an “Indemnified Party”) from any claims, disputes, actions, investigations, damages, losses, reasonable attorneys’ fees, costs, and settlement amounts (each a “Loss” and collectively “Losses”) arising out of or related to (i) your Contract; (ii) any inaccuracies or breaches in your representations or warranties; or (iii) your performance or non-performance under the Contract, regardless of when the Loss occurs or when the Claim is asserted.

12. DISCLAIMERS

12.1. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT WHERE PROHIBITED BY LAW OR TO THE EXTENT STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR THIRD-PARTY CONTENT. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR SECURE.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1. Unless specified otherwise in your Order Form, this Agreement and any disputes or claims (including non-contractual disputes) will be governed by the laws of Qatar. The parties submit to the exclusive jurisdiction of the courts of Qatar.

13.2. We may enforce our rights under the Contract through the Xorted Contracting Entity or any of our affiliates.

14. GENERAL TERMS

14.1. We may amend this Agreement at any time, and such changes will be communicated by publishing the revised terms on our Platforms. You are encouraged to regularly check our website for updates.

14.2. We will not provide services or products to any OFAC-sanctioned countries as per applicable laws.

14.3. We reserve the right to change algorithms used in the Services or products during the Contract Term at our sole discretion.

14.4. We may introduce new products to the Services at any time. These new products will not be included in your Contract unless mutually agreed upon.

14.5. A delay or failure by us to enforce any provision of the Contract does not waive or affect our rights.

14.6. Notices must be sent by e-mail, prepaid post, or delivery courier to the last known address, in English.

14.7. You cannot assign any part of the Service or your obligations under the Contract without our prior written consent.

14.8. We handle all Personal Data in accordance with applicable laws and our Privacy Policy.

14.9. If any term of the Contract is found invalid or unenforceable, the remaining terms will remain effective.

14.10. In case of discrepancies between the Arabic and English versions of this Agreement, the Arabic version will prevail.

15. DEFINITIONS

15.1. Definitions for terms used in this Agreement:

 

    • “Account”: The primary account related to your Subscription.

    • “Applicable Law(s)”: Any relevant laws, regulations, or legislative measures.

    • “Brand”: The Xorted brand and its Intellectual Property Rights.

    • “Content”: All content related to Listings, your details, and your Intellectual Property Rights.

    • “Contract”: Your universal contract with Xorted, including your Order Form and this Agreement.

    • “Contract Term”: The duration specified in your Order Form.

    • “Membership”: A subscription package purchased by you.

    • “Membership Term”: The periodic cycle for Membership delivery.

    • “Customer Tier”: The tier assigned to your Subscription based on our criteria.

    • “Data Protection Laws”: Laws related to the collection and processing of personal data.

    • “Disqualifying Event”: As defined in Section 4.3.

    • “Division Account”: A sub-account provided in relation to your Subscription.

    • “Fee(s)”: Total amount due under the Contract.

    • “Intellectual Property Rights” or “IP”: All forms of intellectual property rights.

    • “Listing”: Content related to a real estate property displayed on our Platforms.

    • “Listing Package”: Number of Listings ordered as reflected in your Order Form.

    • “Listing Term”: Period during which a Listing is displayed.

    • “Location(s)”: Physical locations specified in your Order Form.

    • “Mobile Application”: The mobile app developed and operated by Xorted.

    • “Order Form”: Document specifying Services, Fees, and other terms.

    • “Platform(s)”: The Mobile Application, Website, and other technological platforms used by us.

    • “Product(s)”: Technological innovations owned by us to provide the Service.

    • “Product Documentation”: Documentation detailing each Service.

    • “Property Seeker(s)”: Users of the Platforms searching for real estate properties.

    • “Product Specific Terms and Conditions”: Additional terms for specific Products or Services.

    • “Service(s)”: Services provided by Xorted.

    • “Sole Agent Form”: Form granting exclusive marketing rights for a property.

    • “Sole Listing Rights”: Exclusive right to advertise a property.

    • “Subscription”: Entitlement to Services under the Contract.

    • “User”: Authorized individual using the Service.

    • “User Account”: Sub-account created for Users in relation to your Subscription.

    • “Website”: https://www.xorted.com including regional domains.

    • “we”, “our”, “us”, or “Xorted”: The applicable contracting party and its affiliates.

    • “you”, “your”, or the “Customer”: The recipient of the Services.

    • “your Affiliates”: Companies affiliated with you, including subsidiaries and branch offices.

15.2. The Xorted Contracting Party, its address, governing law, and dispute resolution mechanism will be specified in accordance with the regulations and requirements in Qatar.

15.3 You acknowledge and agree that we may, at our sole discretion and without your consent, assign our rights and obligations under your Contract to any member of the Xorted Group. In such case your obligations under your Contract will endure to the benefit of such member of the Xorted Group.

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