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PF Flex – TERMS & CONDITIONS

1. DEFINITIONS

1.1 In these PF Flex terms and conditions (“Terms and Conditions”) the following terms shall have the following meaning:

“we”, “our”, “us”, “propertyfinder.ae”, “Property Finder” means Propertyfinder FZ-LLC and its subsidiaries, employees, officers, agents, affiliates or assigned parties.

“you”, “your” or “the Client” means you, who is either a licensed real estate broker (i.e. an agent); a licensed real estate brokerage firm, developer, hotel apartment provider, property owner or person or entity acting on behalf of a property owner and a user of the Service.

“Content” means any and all content, listing details (including Qualifying Listings) and materials including property details and any intellectual property rights (including but not limited to trademarks, trade names, and logos), moral rights and or similar rights supplied or made available by, on behalf or on the instruction of you to us on the Website.

“Contract” means the Subscription Order (as defined below) and these Terms and Conditions.

“Contract Term” means, the period from entering into the Contract until the Services are deemed utilized at the end of the last Credit Term.

“Credit” means each pre-paid credit payable as a lump sum or monthly for the Service as set out in the Subscription Order.

“Credit Term” means each monthly period in the Contract Term during which time the Credit must be assigned to a Qualifying Listing.

“Disqualifying Event” has the meaning set out in clause 8.5.

“Exclusivity Form” means the standard form approved by us which must be signed by the property owner or the property owner’s representative granting you exclusive rights to market and rent or sell a specific property

“Exclusivity Rights” means an agent with a valid Property Finder Contract having provided us with a validly signed and dated Exclusivity Form.

“Fee” means the amount due to us by you under the Subscription Order.

“Listing Term” means the duration of a product’s life cycle, as is indicated on the “listing type window” in our Manager CRM System, and counted from the date of the Listing Request, as set out in these Terms and Conditions.

“Listing Request” means the request to use Credit to activate the Services in relation to a particular Qualifying Listing, as set out in clause 4

“Membership” means your entitlement to the Services (under a Contract) subject to these conditions.

“Qualifying Listing” means an active and valid sale or rental listing on the Website with an identification number that complies with provisions set forth in these Terms and Conditions.

“Service” means the provision of a PF Flex package which can be only redeemed against standard listings, featured listings, and premium listings. Service shall exclude any type of single-use listing product, including single-use premium listings.

“Subscription Order” means, as the case may be:
  1. if you are contracting online the online subscription confirmation and the confirmation order; or
  2. the hard copy order form you receive from us,
that you complete indicating the Service you request us to provide.

“Top-Up Credit” means any additional Credit(s) that you purchase within a Credit Term by signing a Subscription Order which must be activated during the Credit Term and will run for the Listing Term.

“Upgrade Credit” means an upgrade to your PF Flex package which by signing a Subscription Order increases the Credit available to you (and the amount payable by you) during each Credit Term of the Contract Term.

“Website” means propertyfinder.ae.

2. CONTRACT

2.1 The Contract shall be between us and you. You acknowledge and agree that you have read, understood and agree to all the terms of the Contract when submitting the Subscription Order as follows:
  1. by pressing the “Confirm Order” button when submitting an online Subscription Order; or
  2. by signing a hard copy Subscription Order.
2.2 If you are entering into the Contract on behalf of a company or any other legal person you warrant and represent you are authorised to enter into the Contract.
2.3 We reserve the right to reject any Subscription Order to provide any Service for any reason, at our absolute discretion including but not limited to where:
  1. you have requested a Service which is not available to you;
  2. we believe you are not providing the services of a licensed real estate broker, developer, hotel apartment provider, property owner, or person or entity acting on behalf of a property owner; or
  3. we believe that the quality of the Content is not or will not be of a professional standard commensurate with that we require of our members.
2.4 In the event of any conflict between these Terms and Conditions and the Subscription Order, these Terms and Conditions shall prevail.
2.5 The Contract is between us and you only and does not extend to cover any company or other legal person affiliated to you (including a subsidiary). No other company or legal person may use the Services under this Contract and must enter into a separate Contract with us.
2.6 If you wish to use a third party real estate CRM service solution provider to publish data on the Website using an XML feed with us, that third party must be on Property Finder’s pre-approved list of CRM providers, which can be obtained by contacting support@propertyfinder.ae (such Propertyfinder pre-approved CRM providers being a “CRM Provider”). The third-party CRM solution provider must expressly agree and comply to all terms and conditions as set forth by us for CRM Providers for use of such a feed. Any failure to comply with or breach of the terms and conditions for CRM Providers could result in a suspension of such feed, to be determined within our discretion. It is your responsibility to assure that your CRM provider is in compliance with all the terms of that agreement. A CRM provider who provides any CRM services will be deemed to have acknowledged and accepted the terms and conditions on our website for CRM Providers.
2.6.1 These Terms and Conditions were last updated on July 21, 2020. It is effective between you and us as of the date of you accepting these Terms and Conditions. For existing users, acceptance is made by continuing to use the website, after each update.

3. YOUR GENERAL OBLIGATIONS

3.1 You warrant and represent that you will:
  1. not act as a consumer in relation to the Membership;
  2. only advertise properties that are currently available for purchase or lease within the country, region, providence, state or emirate permitted by your Subscription Order. If your Subscription Order fails to state any specific country, region, providence, state or emirate, then you shall only advertise properties that are currently available for purchase or lease within the country in which the Property Finder domain that you are listing on is located;
  3. if relevant, be the holder of a current license as a real estate broker, hotel apartment or real estate developer in the United Arab Emirates or country or any further region, emirate, providence, state, or the otherwise to which your use of the Service relates and to the laws, rules, and regulations you are subject to;
  4. if you are a property owner or person or entity acting on behalf of a property owner, provide all documentation as requested by us to prove your ownership of the relevant property, or your authority to act on behalf of the property owner (including but not limited to any power of attorney);
  5. have, and during the Listing Term maintain, the rights to market and rent or sell the properties listed in the Qualifying Listing in relation to which you have made a Listing Request;
  6. inform us promptly if you lose the rights to market and rent or sell the property listed in the Qualifying Listing in relation to which you have made a Listing Request;
  7. ensure that you do not make, arrange or authorise the insertion of any reference to us or our Website in any document (including promotional or merchandising material) or on any Website other than our Website without our prior written consent;
  8. abide by any applicable rules and regulations related to electronic transactions and commerce;
  9. comply with any guidelines and codes issued by any relevant authority (federal, local, regional, territorial, free zones, municipal, ministries and government) concerned with real estate or having jurisdiction over you, us, the Services or the subject matter of this Contract;
  10. in your use of the Service, comply with all applicable laws and the Contract;
  11. within no more than seventy two (72) hours 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 you will either alter the status of the property details in the upload provided to us so that it may be displayed as “under offer” “sold” or “let” as appropriate on the Website or will remove the property from the upload provided to us so that it is no longer displayed on the Website;
  12. if applicable, obtain the authority to market the properties in the Content; and
  13. ensure that the properties listed by you in the Content are only listed (including by any associated offices in your real estate group) once;
  14. hold all necessary authorities, consents and licenses necessary to use, display, reproduce, publish the Content and that you have the authority to and grant us a license of the Content on the terms set out in clause 3.3 (c);
  15. not use our name or any logos, trade or services marks of ours in a defamatory or derogatory manner or in any way that might bring us or our directors or employees into disrepute nor will you misuse or deface (or allow to be misused or defaced) any of the Services provided to you;
  16. provide a contactable telephone number. Where a trackable telephone number has been allocated to you, you will use this number to enable us to effectively monitor buyers, renters, owners or any other party who has contacted you using the Service and you will take no actions that would interfere with such monitoring, and you agree that us and our suppliers may record all telephone calls for the purposes of monitoring these; and
  17. ensure that only your authorized persons have access to the Services.
3.2 You must ensure that:
  1. no other person, authorized or otherwise, makes use of your Membership of the Service; and
  2. you do not make any promotional or merchandising reference to us or our Website without our express written permission.
3.3 You acknowledge and agree that:
  1. we have the right to reject any Subscription Order, or refuse to provide any Service to you for any reason in our absolute discretion;
  2. you have read and agree to be bound by the terms of all legal notices posted on the Website in relation to the Contract;
  3. by using the Service, you grant us an irrevocable, world-wide, royalty free license to commercialize reproduce, display, sell, publish, copy, license to other persons, use and adapt for any purpose and otherwise use the Content or data or other information derived there from for any purpose whatsoever (including entering into agreements with third parties for the provision of the Content or data derived therefrom). This license shall survive termination of the Contract. You agree that we will not be required to, identify you as the source of the Content on the Website(s) or in any other medium through which the Content or any derivative thereof is published or displayed;
  4. we are not responsible for the Service’s content or for any errors or omissions in any property data provided by or on behalf of you and we make no warranty nor any representations about the accuracy of the Service;
  5. systems or technological failure may impede or prevent access to all or any part of the property data;
  6. we are able to use any pictures of you or any of your agents that are employees of your firm in order to post on our Website, including but not limited to material defined as Content pursuant to clause 1.1;
  7. you are responsible for and must pay the cost of all telecommunications and Internet access charges incurred when using our Website, whether or not such access has been arranged by us;
  8. you are responsible for the security and integrity of your data;
  9. you are responsible to obtain and possess any necessary permits to market and publish listings on the Website; Upon request, you shall be obliged to provide certified proof of any required permits; You hereby acknowledge that we hold no responsibility on your obtaining and possessing any of the required permits for publishing and marketing listings on the Website;
  10. transmission of data over the Internet can be subject to errors and delays; and
  11. we will contact you from time to time to make you aware of opportunities, products and services offered by us and our business partners. You authorize us to contact you via email, SMS, MMS and other electronic media for that purpose unless you explicitly request us not to contact you via these media.

4. LISTING REQUESTS

4.1 For you to use a Credit on a Qualifying Listing you must:
  1. be registered as an “admin” or “agent” user in our Manager CRM System, and have a valid and active Membership with us;
  2. have sufficient Credits in your account for the Qualifying Listing for the current Credit Term;
  3. submit Listing Request via our Manager CRM System.
4.2 Each Listing Request must be made by you no later than the expiry of the Credit Term. Failure to do so will result in the Credit being deemed as used and being permanently lost.

5. LISTING STATUS

5.1 After placing a Listing Request, you will be asked to confirm that you wish to proceed, after such time and, subject to clause 6 and 7, the Services shall be activated if we, in our discretion, are satisfied that the following criteria are met:
  1. the property listing in relation to which you want to use the Credit is a Qualifying Listing;
  2. the Contents in relation to the Qualifying Listing are in compliance with the Terms and Conditions and our guidelines, issued from time to time, including but not limited to Content guidelines; and
  3. you have sufficient Credits in your account for Qualifying Listing for the current Credit Term.
5.2 Once we approve the Listing Request, we will provide you the Services for the relevant Qualifying Listing during the Listing Term, unless a Disqualifying Event occurs, in which case, the use of the Service for the activated Credit shall terminate. Once a Listing Request is approved, we will deduct the amount of the Credit for that Qualifying Listing from your total Credit account for that Credit Term.
5.3 You can only use a given Credit for a Qualifying Listing possessing the Website identification number that matches the one held by the listing that the Listing Request is made. You cannot use the same Credit for different Qualifying Listing or transfer the Credit from one Qualifying Listing to another.
5.4 At the expiry of a Listing Term of a standard listing or a featured or premium listing that has the auto-renew toggle set to the “off” setting, your Qualifying Listing shall automatically renew as a standard listing, resulting in an automatic deduction of the prevailing number of Credits for a standard listing at that time, unless one of the following events has occurred:
  1. You unpublish the Qualified Listing;
  2. The Contract T erm has expired;
  3. Your Qualifying listing has been removed, disqualified in accordance with clause 8.5, suspended, or otherwise impacted pursuant to the provisions of these Terms and Conditions.
5.5 At the expiry of a Listing Term for a featured or premium listing, your Qualifying Listing shall automatically renew as the same type of listing, resulting in an automatic deduction of the prevailing number of Credits for such type of listing at that time, unless one of the following events has occurred:
  1. You toggle the “auto-renew” toggle in our Manager CRM System to the “off” setting.
  2. You unpublish the Qualified Listing;
  3. The Contract T erm has expired;
  4. Your Qualifying listing has been removed, disqualified in accordance with clause 8.5, suspended, or otherwise impacted pursuant to the provisions of these Terms and Conditions.

6. CONTENT QUALITY OBLIGATIONS

6.1 You warrant and represent that the Content:
  1. is not unlawful, defamatory, false, misleading, deceptive or against public policy and that the Content will not expose us to any liability, legal proceedings or other sanction;
  2. does not infringe any copyright, trademark or other intellectual property rights or rights of any third party whatsoever;
  3. is in all respects true, complete and accurate to the best of your knowledge and belief and that you will promptly update or correct Content on becoming aware of any errors or inaccuracies and will provide such assistance as we will reasonably require to identify and remedy any unauthorized use of Content;
  4. will comply with the propertyfinder.ae image guidelines and any other guidelines set by us from time to time;
  5. will comply with any pre-set listing requirements defined by us, including but not limited to ensuring the format is compatible with any technical specifications issued by us from time to time. You agree to use this format to display details of the property only, as provided by us, and not to use these areas to advertise ancillary company information;
  6. refers only to listing details of a particular property and any reference to material other than listing details for a property must receive our written approval prior to your submission;
  7. will only be listed one-time and that you will not remove and re-list the same Content on the Website which results in the listing re-appearing as a new listing; and
  8. that is false or irrelevant will not be placed in an fields that you have access to load information into. You must use fields for inserting information that is intended for those fields and is true and accurate.
6.2 You acknowledge and agree that:
  1. we are not under any obligation to monitor or censor the Content generated by you or any users of the Service that appears on our Website, however we reserve the right to do so, in our absolute discretion, at any time and without notice to you;
  2. we may remove, cause to be removed, amend or decline to display any Content on the Website, or direct you to modify Content to meet the requirements of these Terms and Conditions;
  3. we reserve the right to change, at any time, the rules, regulations, restrictions, or procedures for any Content uploaded or submitted to us for uploading to the Website (including but not limited to the type of Content or the amount of Content);
  4. we may suspend, restrict, and/or limit your use of the Services, or terminate this Agreement in accordance with clause 8 if you fail to comply with the terms of this clause 6; and
  5. using the Service to advertise your business or its services other than real property for sale or lease, is not acceptable. Each listing uploaded by you must be a bona fide listing of real property for sale or lease. Any reference to material other than listing details for a property or Development must receive our written approval prior to being submitted through the Service.

7. AKNOWLEDGMENTS

7.1 You acknowledge and agree that:
  1. we do not guarantee any minimum number of leads or any leads or impressions, unless otherwise stated in the Subscription Order at all as a result of your Membership;
  2. You cannot pause, cancel, or get a refund for any Credit, including but not limited to if a Qualifying Listing is not listed online or offline during part or whole of the Listing Term, or you decide to change the type of product used for that Qualifying Listing e.g. by upgrading from a standard listing to a premium listing.
  3. Any loss of a Credit that results from a Disqualifying Event shall not be subject to refund or compensation of any kind.
  4. once a Listing Request has been accepted, you cannot pause the Service or change the applicable listing;
  5. once a Listing Request has been accepted, we do not guarantee that any changes to the Qualifying Listing made after such time will be reflected on any banners or Content;
  6. you will not use any tracking data obtained by dropping cookies or using tracking tools on our Website to target, retarget, advertise or interact in any way with visitors or users of the Website; and
  7. the Services require upfront payment and such payment must be made prior to the Services being provided;
  8. you cannot use Credits or the Service if you have any other Subscription Order other than PF Flex in place with us;
  9. Credits can only be used in relation to Qualifying Listings and can only be redeemed against standard listing, featured listing, and premium listing products. Such use is excluded against any type of single-use listing product, including single-use premium listings.

8. AGREEMENT TERM, SUSPENSION OR TERMINATION OF SERVICE

8.1 Except as permitted by law, you may not terminate this Contract before the end of the contracted term under any circumstances.
8.2 The term of your Contract will commence on the start date specified in the Subscription Order and will continue into effect until the expiry of the Contract Term or otherwise terminated in accordance with its terms.
8.3 Following the expiry of the Contract Term your Contract will expire unless you renew your Contract with us, in which case the terms and package may be subject to changes, including to the Fees.
8.4 We may terminate this contract at any time for any reason provided that seven (7) days’ written notice has been provided to you. Should you continue to use the Service following termination of the contract, you shall remain liable for any and all costs incurred by you.
8.5 Without limiting our other rights, we may immediately sanction you, cancel or suspend or limit the Service, amend, and/or remove details of any property, agent, Qualifying Listing or otherwise, uploaded by you to our Website and/or terminate this Contract if any of the following events (a “Disqualifying Event”) occurs:
  1. you breach any part of your Contract and fail to rectify that breach within seven (7) days of our giving notice requiring rectification;
  2. there are any changes to the Qualifying Listing, including but not limited to number of bedrooms, number of bathrooms, location and property type;
  3. the Qualifying Listing going under offer, sold, rented or foreclosed upon;
  4. failure of the Qualifying Listing to meet the provisions of Clause 5.1;
  5. listing of the Qualifying Listing under a price which does not match the request of the property owner or the property owner’s representative;
  6. we decide, at our sole discretion, to stop providing the Service.
  7. you fail to pay any fees, charges, or taxes due to us by the due date, or provide any security cheques as stipulated in the Contract;
  8. you have engaged in any unlawful actions while using or accessing our services and the Website shall be subject to sanctions and limitations as determined in our discretion.
  9. you enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
  10. you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
8.6 We may immediately remove a listing or any details of a listing that is subject to Exclusivity Rights of another agent.
8.7 Where payment obligations under your Contract are still owed by you, the Service may still be provided in our discretion, however limited, within our discretion, during the remainder of your Contract term until such payment is made.
8.8 The exercise of any rights under this clause, including termination of this Contract does not relieve you of your obligations and liabilities pursuant to the Contract, including but not limited to Clauses 6, 9 and 10, and any further terms as may be provided at the time of this Contract and we reserve our right to enforce such obligations and liabilities in any event.

9. PACKAGES, FEES AND PAYMENT

9.1 Subject to you paying the Fee on or before it’s due date, you will be credited with the number of Credits set forth on the Subscription Order.
9.2 During the Contract Term, you are permitted to purchase Top-Up Credits and Upgrade Credits by submitting a new Subscription Order, which is subject to acceptance by us. Upgrade Credits are considered to be an upgrade to your initial Credits that renew each Credit Term for the duration of the Contract Term, whereas Top-Up Credits are additional Credits bought via a Subscription Order that must be activated within the Credit Term and will run for the duration of the product as specified in the relevant Subscription Order.
9.3 The Service will not be activated until full payment has been provided whether in cash, credit card payments, or post-dated cheques or other forms of payment as stipulated by Subscription Order. You are liable for the costs incurred in this Contract from the “start date” which is specified in the Subscription Order or if no such date is specified from the date of acceptance, (which will be the date we receive your confirmation of the Subscription Order) if nothing is stated in your Subscription Order.
9.4 If you have elected to pay via credit card, then please note that the service shall only become activated once the first payment or the sole payment (in the event of a lump sum payment upon the Contract) has been received by us.
9.5 If payment via credit card on a monthly basis was elected, then you shall be required to provide us with a security cheque(s), representing the value of the Subscription Order, or in the event of multiple security cheques, with each cheque representing a pro rata amount of the total Contract amount.
9.6 The security cheques referenced in the provisions of this Clause shall be provided by you, prior to the expiry of the first month of the Contract. Failure to provide the security cheque(s) will result in the suspension of the Service, until such time that the security cheque(s) is provided to us.
9.7 In the event that any of the monthly credit card payments “bounces” and payment is not able to be made to us, then you shall have seven (7) days to cure such “bounced” payment before we shall present and cash the security cheque.
9.8 Please note that if the balance of the contract is less than the amount of the security cheque, we shall provide a refund to you, representing the difference between the security cheque and the outstanding balance of the contract.
9.9 Please note that any cheque issued by you that “bounces” due to insufficient funds or is rejected by the relevant financial institution for any other reason will incur a AED1000 administration fee payable to us within seven (7) days and we reserve the right to charge you our reasonable administration costs in dealing with any failed payments and/or costs in relation to pursuing outstanding amounts (including legal fees and expenses).
9.10 The current Fees for the Service are specified in your Subscription Order. We offer a number of different packages that vary in terms of price and services included. You may subscribe to any of these packages but any variances to a Subscription Order shall be at our sole discretion. As a general rule, our packages cannot be cancelled, refunded or transferred once a Subscription Order has been entered into. If we agree to change package during your Subscription Order term, then we reserve the right to amend any such terms in the Subscription Order including but not limited to the Fees.
9.11 In the event that the Government of the United Arab Emirates elects to charge value added tax or other similar tax or duty (VAT) on the provision, sale or supply of any goods and/or services which are the subject matter of these Terms and Conditions, we reserve the right, at our sole discretion, or if required by law, to add VAT at the appropriate rate for such goods and/ or services to any invoices issued under or in connection with these Terms and Conditions from the relevant time and you acknowledge and accept that you shall pay and be solely liable for any such VAT in addition to the purchase price for such goods and services.
9.12 If your Membership has been suspended, interrupted, and/or ceased for any reason during the term of your Subscription Order you will still be liable to pay any Fee due to us regardless of you receiving the Services.
9.13 We reserve the right to amend any terms in a Subscription Order, including package components and fees, provided that such amendments will not apply during the Term of any Contract entered into prior to the amendment. You are advised to print and retain a copy of these Terms and Conditions for your future reference.
9.14 You only have the right to a refund if a duplicate transaction is received by Us. In this case, the duplicate portion of the payment will be refunded. For the avoidance of doubt, no other amounts payable under these Terms and Conditions are refundable.
9.15 In the cases of fraudulent or disputed transactions, you should refer the issue to your credit card provider. In all instances of payments, you are liable for any levied charges by the bank(s) or the credit card clearance provider.
9.16 All Credit which has not been activated by the end of the Credit Term will expire and will not roll over to the next Credit Term.
9.17 All Top-Up Credit which has not been activated before the end of the Credit Term will expire by the Credit Term.
9.18 All Credit which remains unused at the end of the Contract Term will expire and be deemed to have been used.

10. LIMITATION OF LIABILITY AND INDEMNITY

10.1 To the extent allowable under laws applicable in the United Arab Emirates we:
  1. exclude all conditions and warranties implied into the Contract;
  2. exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
  3. limit our liability for breach of any condition or warranty that we cannot exclude to the greater of (at our option):
    1. resupplying the Service; or
    2. paying the cost of having the Service resupplied; and
  4. limit our liability in respect of any other claim in connection with the Contract whether the claim is based in contract, tort (including negligence) or statute to the amount paid to us by you under the Subscription Order.
10.2 We will not be liable under the Contract to the extent that liability is caused by:
  1. any breach of your obligations under your Contract with us; or
  2. any delay in performance or breach of your Contract which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our Website.
  3. You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by you in connection with the Service.

11. GENERAL

11.1 We may change these Terms and Conditions at any time on written notice. You acknowledge that our publishing of the amended version of the Terms and Conditions at this link on our website constitutes written notice to you of such changes. No delay or failure by us to enforce any provision of the Contract will be deemed a waiver or create a precedent or will prejudice our rights.
11.2 Notwithstanding anything to the contrary in the Terms and Conditions we reserve the right to change the algorithm’s used in any Services and which may form part of the Contract at any time during the term of your Contract at our sole discretion.
11.3 We reserve the right to add any new products to the Services at any time. Your Contract will not include any such new products unless we both agree.
11.4 No delay or failure by us to enforce any provision of the Contract will bedeemed a waiver or create a precedent or will prejudice our rights.
11.5 Any notice(s) must be sent by e-mail, prepaid post or facsimile to your or our last known address, in the English language.
11.6 You must not assign any part of the Service and/or your obligations set out in the Contract without our written consent.
11.7 This Contract is subject to and governed by the laws of the Dubai International Financial Centre (“the DIFC”).
11.8 Any dispute, difference, controversy or claim arising out of or in connection with this contract with a claimed amount of AED 1,000,000 or less, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the jurisdiction of the Small Claims Tribunal of the Dubai International Financial Centre (“the DIFC SCT”).
11.9 Any further dispute, difference, controversy or claim arising out of or inconnection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (“the DIFC Courts”).
11.10 If any term of the Contract or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.