Housal Terms and Conditions
As of May 22, 2017
Disclaimer : Housal Inc is, first and foremost, a real estate brokerage firm that offers a full suite of brokerage services to property owners, investors, and even landlords with regards to investing real estate in the Philippines.
Housal Inc also operates www.housal.com (The “Site”), an intermediary platform that facilitates the transactions between the Seller and the Buyer (the “Site User”) and vice versa, and may not be a party to or control in any manner any transactions that are out of Housal’s control as a property platform.
If you will be availing the brokerage services of a Housal broker/agent for a transaction facilitated whether from the Site or not, Housal Inc’s liabilities, responsibilities will be covered on a separate Service Agreement, which will be explained in writing and with the Housal broker/agent in transaction with. As such, the Terms and Conditions (the “Terms”) in this page will be applicable to the use of the Site.
All trademarks, logos and names are properties of their respective owners. All Rights Reserved. © Copyright 2017 Housal Inc.
This Terms and Conditions is an agreement between us, Housal Inc ("First Party"), a corporation duly organized and existing under the laws of the Republic of the Philippines located at Net Cube Center, E-Square Crescent Park, in West Bonifacio Global City, and who operates the Site (“http://www.housal.com,” “Site”), and you (the “Site User”). The Site User could either be a property seeker, property investor, or a broker/agent.
The Terms contained in this webpage shall govern your use of the Site, and services leading from a transaction facilitated using the Site that are not yet covered in our separate Service Agreement.
These Terms apply in full force and effect to your use of the Site. By using the Site, you expressly accept all Terms contained herein in full. If you have any objections to any of the Terms listed here, you may opt to not use this Site.
If you are a real estate developer or a partner and would like to enter into a transaction or agreement that is in line with our Site and the First Party’s offerings, email us email@example.com for a separate Service Agreement).
We will try to keep the Terms as readable and straight to the point. If you have questions or suggestions or anything that can help us improve your experience on the Site, please do get in touch with us at firstname.lastname@example.org.
1. Offerings and Services
As a brokerage firm, the First Party provide the following services:
- A full suite of brokerage services for people who need to buy, sell, or lease properties in the Philippines
- A resource information and database to property seekers, to property owners, investors, and even landlords with regards to investing any type of real estate in the Philippines via our website;
- A listing platform for brokers/agents and property owners who would want to list their properties for sale or lease; and
- An open-access network for brokers/agents who can view and share inventories to assist their clients who are needing specific properties that are not on the former’s inventories.
- Residential, office, retail and commercial property search;
- Residential, office, retail and commercial leasing and sales;
- Lease acquisitions and disposals;
- Lease negotiation on behalf of the tenant;
- Post-lease or sale services;
- Expat or foreigner relocation services; and
- Property management.
2. Housal Site account
a. Signup and Registration
Property seekers and investors who use the Site for the purpose of seeking information in lieu of renting or investing on a property do not need to set up an account.
Property owners, on the other hand, may sign up and register for an account on the Site for the sole purpose of putting up their own properties for rent or lease.
Brokers and agents, in addition to listing properties for sale or lease on the Site, and who wish to use any of the products and/or services offered on the Site for their business, must first signup and register by providing your name, an e-mail address, password, and affirming your acceptance of the Terms. Upon successful completion of the registration process, a Housal account is created.
The First Party may, in their sole discretion, refuse to allow anyone to create an account, or limit the number of accounts a single user may create and maintain at any time, in order to reduce confusion, duplicate content, and fraud (whether intentional or unintentional) and retain the quality of the Site, its features and services.
b. Account Verification
The First Party requires certain personal information crucial to facilitate an account creation. Personal information includes but not limited to:
- Your name as listed on your professional identification card;
- Primary mobile number;
- Primary email address
- Government and/or regulatory identification numbers, and;
- Other information that validates your real estate profession accreditation.
You hereby authorize the First Party to, directly or through third parties, make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, email address, professional license), to query account information, and take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
c. Secondary exchanges, transfers, or other prohibited or illegal transactions involving the Site
The First Party is relieved from accountability, liability, and other legal ramifications regarding any secondary exchanges that transpired between two or more second parties, with at least one a Site User. Second parties who participates in such transaction are fully aware of any risks involved in such transactions. The First Party has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of the benefits that the Site User has engaged with another Site User (including other users of the products and services offered under the Brokerage services of the the First Party).
The First Party is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with purchases or services with another Site User or First Party services user, or if you have a dispute with such third party, you must handle it directly with that third party.
The Site User is also urged to report to Housal at email@example.com so that the First Party may consider whether it should take any action.
4. Housal Services and the Site
The Site is a platform built to be used as only an intermediary to facilitate the transaction between Seller and Customer.
a. Modifications to the Services
To consistently provide better value offerings, the First Party may add and/or update the services and Site features, which will be reflected on the Site, from time to time either as promos or improvements. Should the First Party make any changes to a product or feature in a manner that materially reduces their functionality, the First Party will inform you via the email address associated with the account.
b. Beta features
The First Party may launch features on the Site that in beta “phase,” or features that are complete but may likely contain a number of known or unknown issues or bugs. Notwithstanding anything to the contrary in this Agreement, the following terms apply to all Beta features:
- You may use or decline to use any Beta features;
- Beta features may not be supported and may be changed at any time without notice to you;
- Beta features may not be as reliable or available as the other main products and services under the First Party and on the Site;
- Beta features may not have been subjected to the same security measures and auditing, to which products and services under the First Party and on the Site has been subjected to; and
- THE FIRST PARTY WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA FEATURES’ USE AT YOUR OWN RISK. MOREOVER, CANCELLED BETA FEATURES ARE NOT CONVERTIBLE TO A FREE SERVICE OR MONETARY VALUE THAT IS BENEFICIAL TO THE SITE USER.
By posting Content on the Site, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site and of the First Party’s services, who may also use your Content subject to these Terms.
You represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant the First Party the rights and license as provided in these Terms, and
- the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You represent and warrant that you have obtained appropriate government mandated licenses, permits, compliance etc., in relation to real estate regulations in the Philippines.
You are solely liable for obtaining the above mentioned in item, and you hold the First Party free from any third party claims arising from posting, linking, storing, sharing the content through the Site, including all pertinent information.
6. Community Guidelines
a. You will ensure the email address and mobile number provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
b. If uploading a Listing, you will ensure that the Listing information provided via your account is valid at all times and complies with the rules and regulations of the HLURB and other governing agencies and/or regulators.
c. Images or photos provided for your Housal account and listings should be sharp and of clear quality and should NOT be in any form:
- uploaded in the incorrect format (ex. logo for Profile photo, collage for listing);
- with any type of watermarks.
- with any unnecessary photo adjustments, embellishments, and filters.
- in the incorrect pixel dimension and image size.
d. You will keep your account information accurate and up-to-date. For real estate professionals registered with the Professional Regulation Commission (PRC) and/or the Housing and Land Use Regulatory Board (HLURB), we may require that you provide your license numbers, which could be listed on your account and in your listings.
e. You will not use the First Party’s services or the Site for any unlawful purposes or to conduct any unlawful or criminal activity, including but not limited to fraud, embezzlement, solicitation, extortion, money laundering or insider trading.
f. You will not share your account details such as your username or password, let anyone else access your account, or do anything that might jeopardize the security of your account.
g. You will not publish Content, or links to Content on your listing that has been lifted without permission or stolen either from another Site User or from a similar, third-party service (e.g. online classifieds site) or has the potential to infringe the intellectual property rights of another.
h. You will not publish Content that is considered spammy, machine or randomly-generated, and/or Content contains unethical or unwanted commercial content that is designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to pursue unlawful acts (such as phishing), or mislead the First Party’s customers.
The First Party may determine in its sole discretion whether or not an account is in violation of any of these policies. Offending users may be permanently restricted from holding an account or using the Site and the First Party’s services. If the First Party reasonably determines that your account is being used for illegal or fraudulent activity, then your account may be immediately terminated and your data erased. We may also report you to law enforcement officials in the appropriate jurisdictions as necessary.
7. Real Estate Sales Commission Sharing
Owners and brokers who use the brokerage services of the First Party would need to refer to the Service Agreement co-signed with the First Party with regards to commission sharing arrangements.
8. Real Estate Sales Taxes, Government And Other Taxes And Fees
If you are a broker/agent or an owner who is selling properties on the Site as a Site User, it is your responsibility to determine whether or not sales, government-mandated taxes, and other taxes and fees apply to its real estate transactions and to collect, report and remit the correct amounts to the appropriate authorities or regulators. Moreover, you take full responsibility for all taxes and fees of any nature that is associated with the transaction the Site has facilitated.
9. Account Termination
If you wish to terminate your account on the Site, you may simply discontinue using the Site.
10. Confidentiality of Information
The First Party agrees that it will maintain and preserve the confidentiality of all Confidential Information, including, but not limited to, taking active steps to protect and preserve the confidentiality of the Confidential Information it agrees to preserve and protect.
a. Prohibited Acts
The following are considered illegal use or misuse of information disclosed by the Site User through the First Party and its related services:
- Using the information from the website or from another Site User’s account as intent to defraud the First Party, other Users, or even non-customers of the First Party (Fraud, Misrepresentation);
- Using the information from the website or of a fellow Site User’s with the intent to obtain money or anything of monetary or currency value in exchange of the information illegally retrieved website or from another User’s account or from the First Party’s customer (Extortion);
- Using the information from the website or of another Site User’s account and altering the information with the intent to use it to take away from the First Party the business or patronage of any user of the First Party, or attempt to do so (Divert Business).
- Using the information from the website or of another Site User’s account to solicit the business or patronage of any customer of the First Party for any other person or entity (Solicitation).
- Using the information from the website or of another Site User’s account to terminate or reduce a customer’s relationship with the First Party the First Party’s services.
b. Conspiracy To Commit a Prohibited Act
If two (2) or more people conspire to commit any of the offenses listed in 10(a), and one or more of such people does any or a number of the listed acts to effect the object of the conspiracy, each of the parties to such conspiracy shall be subjected to the consequences that the First Party will impose as in the case of the doing of the act, the accomplishment of which, may or may not include, legal remedy if damage is substantial.
c. Presumption and Prima Facie Evidence of Intent to Commit a Prohibited Act
The mere possession, control or custody of: information from the First Party or to a fellow Site User or a customer of the First Party is presumed prima facie evidence that there is intention to illegally use the information to commit a prohibited act.
d. Repealing Clause
Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with the terms of this provision is hereby repealed, modified or amended accordingly.
As a Site User, the use of the Site is at your sole risk. All services and features on the Site are provided on an “AS IS” and “AS AVAILABLE” basis. This means they are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The First Party, its subsidiaries, affiliates, and its licensors do not warrant that:
a) any services offered by the First Party and features on the Site will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Site is free of viruses or other harmful components; or
d) the results of using the Site will meet your requirements.
Moreover, the Site User, or through its representatives or franchisees, will certify and warrant that it is solely responsible for acquiring permits, licenses, and any appropriate government-mandated documentation in relation to its properties for sale and advertisements; and thus declare that it is solely liable for any claims arising from advertising its properties at the Site. The First Party is not considered a marketing or selling agent, and shall be kept free from any liability or lawsuits arising from any transactions between the User, or through its representatives or franchisees, and any third party.
12. ERRORS AND ACCESS TO SITE
THE SITE USER IS SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT ON ITS LISTINGS OR PROPERTY PAGES AND/OR ITS CORRESPONDING LISTINGS INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND PAYMENT TERMS. THE FIRST PARTY WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION ON THE SITE USER’S LISTINGS AND IS NOT LIABLE TO ANY POTENTIAL DAMAGES DUE TO THE INACCURACIES. MOREOVER, THE FIRST PARTY MAY OPT TO NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SUBMITTED BY THE SITE USER AND THAT THE LATTER IS SOLELY RESPONSIBLE FOR BACKING UP ITS DATA.
13. LIMITATION OF LIABILITY
THE FIRST PARTY IS NOT LIABLE TO THE SITE USER OR TO ANY OF THE LATTER’S CLIENTS OR OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, ITS SERVICES, THE SITE FEATURES, OR THE USER’S CONTENT THAT HAS BEEN MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE. EVEN IF THE FIRST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU HEREBY RELEASE THE FIRST PARTY AND ITS OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING AND WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES AND THE CONTENT AVAILABLE ON OR THROUGH THE SITE. THE SITE USER ALSO HEREBY WAIVE THE PROVISIONS OF LOCAL OR NATIONAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
14. EXCLUSIVE REMEDY
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE SITE USER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, OR THE SERVICE. UNDER NO CIRCUMSTANCES SHALL THE FIRST PARTY BE LIABLE IN ANY WAY FOR THE SITE USER’S USE OF THE WEBSITE, THE SERVICES, AND THE SITE USER’S CONTENT ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE WEBSITE, THE SERVICES, AND THE SITE USER’S CONTENT AVAILABLE ON OR THROUGH THE SITE.
Certain local, national or international jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to the Site User.
The Site User may set most browsers to notify him or her if a cookie has been received, or may choose to block cookies with his or her browser. However, if the Site User chooses to erase or block cookies, he or she will need to re-enter the original user ID and password to gain access to certain parts and features of the Site.
The First Party reserves the right, in its sole discretion, to modify or replace any part of the Terms at any time, effective upon the date of the change. In the event of any such change, the First Party may opt to post a notice on the Site that we have changed this terms and conditions in the Agreement has been changed, modified, or updated.
If the Site User has an account on http://www.housal.com, the First Party may (but are not required to) provide the Site User with a Notice via the email address on file that the latter had changed the Terms.
The First Party is not responsible if:
a. Any email notice gets caught by the Site User’s spam filter and the latter do not see it;
b. If the Site User has provided the wrong email address (or failed to update the email address) on file, or;
c. If there are other communication issues that prevent the notification e-mail from reaching the Site User.
Therefore, the First Party encourages you to frequently visit this page periodically to monitor any changes.Your continued use of or access to the Site and the First Party’s services following the posting of any changes to the Terms constitutes acceptance of those changes.
The First Party may also, in the future, offer new services and/or Site features through the Site (including the release of new tools, products, content and resources). For the avoidance of doubt, such new features and/or services shall be subject to the latest Terms.
a. If any portion of the Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
b. If the First Party fails to enforce any of the Terms, it will not be considered a waiver.
c. Any amendment to or waiver of the Terms must be made in writing and signed by the First Party.
d. You as a Site User will not transfer any of its rights or obligations under the Terms to anyone else without the First Party’s prior written consent.
e. All of the First Party’s rights and obligations under the Terms are freely assignable by the First Party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. The Terms does not confer any third-party beneficiary rights.
g. A printed version of the Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.