These are the terms and conditions for using our website www.mimakaan.com (collectively, "Our Site").
Before using Our site it is important that you read and understand these terms in full. If you are unsure of the meaning of any of these terms, please contact us to discuss your query before using Our Site.
Using or accessing Our Site constitutes your unconditional acceptance of these terms.
Terms in title case have special meanings, as do 'you', 'your', 'we', 'us', and 'our'. Their corresponding definitions will either appear in quotation marks within these Terms, or will appear in the definitions section at the end of this document.
1. Our site content
- 1.1 We may update Our Site from time to time and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it.
- 1.2 We do not guarantee that Our Site, or any content on it, will be free from errors or commissions.
2. Registration process
- 2.1 You warrant and undertake that your access to Our Site is for the purposes of marketing and selling your property or, in the case of prospective Purchasers, for contacting Sellers with the intention of making an offer on their Property. Use of Our Site for any other purpose is strictly forbidden and we reserve the right to pursue any legal action(s) available for unauthorized use of Our Site.
- 2.2 To register on Our Site you must be over eighteen years of age.
- 2.3 When you register we ask you to provide information about yourself and you agree that we may use such information as part of our verification process. This process may include (without limitation) verification checks. The information you provide must be true, accurate and up-to-date, and by submitting the information, you agree to us or our agents carrying out any such checks. Should any of your registration details change, please log in to your account and make the required changes.
3. Password and security
- 3.1 On registration you will be required to supply a valid email address (and other contact details) to access your account. You must keep your password secure and must not disclose it to, or share it with anyone.
- 3.2 You will be responsible for all activities when accessing Our Site using your password and you agree not to reveal your password or account information to anyone. If you know or suspect that someone else has access to your password, you should log in to your account and change your details. If this is not possible you should contact us on the email address email@example.com. We reserve the right to change your password if we believe that it is no longer secure.
- 3.3 You further agree that we have exercised reasonable skill and due care in providing access to Our Site and we shall not be responsible for any losses arising out of the unauthorized use of your account.
- 3.4 If you forget your password please visit the "reset password" section on Our Site where you will be able to reset your password if you satisfy our security check.
- 4.1 As a Seller and Landlord you are able to reply to messages from prospective Purchasers and/or Tenants. As a Purchaser and/or Tenant you are able to message a Seller(s) and Landlord(s) and reply to messages from Sellers and Landlords. You agree that you will:
- only send and receive messages for the purpose of making and/or agreeing an offer in respect of the applicable property;
- comply with Clause 9 below in relation to such messages; and
- not use the service directly or indirectly to offer or promote services and/or conduct or promote business that are/is not authorized in writing by us.
5. Accessing our site
- 5.1 We will make reasonable efforts to ensure that Our Site will be available at all times. However, we cannot guarantee that Our Site or any content on it will always be available or that access to it will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period. We reserve the right to disable access to Our Site to any user at any time if in our reasonable opinion you have failed to comply with any of these terms.
6. Communication with others
- 6.1 You can use the dashboard to make appointments and communicate with Sellers and/or Landlords, and/or prospective Purchasers / Tenants (as applicable). Once an appointment has been requested, email notifications may be sent to the Seller and/or Landlord, and the prospective Purchaser setting out the address of the Property, any times of appointments and the name, telephone numbers and email addresses of the relevant parties.
7. Your personal information
- 7.2 You may ask us to remove your details at any time from Our Site.
8. Intellectual property rights
- 8.1 We are the owner or licensee of all intellectual property rights on Our Site.
9. User content
- 9.1 You shall not submit or upload any content or information or link any other material onto Our Site which will or in our reasonable opinion is likely to:
- Promote violence or physical harm.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be offensive, threatening, obscene, or hateful.
- Be defamatory or libellous of any person.
- Promote any illegal activities.
- Be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety.
- Infringe any copyright, database right or trade mark of any other person.
- Promote or contain information that you know or believe to be inaccurate, false or misleading.
- Deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person. or
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- 9.2 You warrant that when you make use of any feature of Our Site that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards of this section. You will be liable to as and indemnify us for any breach of that warranty, meaning that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- 9.3 We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards of this section.
- 9.4 If we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this section, we reserves the right to take any action that we deem to be necessary, including without limitation, the termination (without notice) of your use of and access to Our Site and in the case of illegal use, the instigation of legal proceedings, as appropriate.
10. Content license
- 10.1 Any content which you post or upload to Our Site will be considered non-confidential. You hereby grant to us a non-exclusive, royalty-free, perpetual, and irrevocable license to store, reproduce and edit any such content for any purpose(s) we see fit.
- 10.2 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes an infringement of their intellectual property rights, or of their right to privacy.
- 10.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Our Site.
11. Accessing your personal information and content
- 11.1 You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your account information and any content uploaded onto Our Site to law enforcement authorities, government officials, and/or third parties, as we believe is reasonably necessary or appropriate, if legally required to do so or if we believe that such access, use, preservation or disclosure is reasonably necessary to comply with legal process, or protect us, our users or any third party, as permitted by law.
- 12.1 You agree that your use of Our Site shall be at your sole risk and that we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:a. use of, or inability to use, Our Site; orb. use of or reliance on any content displayed on Our Site. We may send you marketing communications by e-mail, telephone, text message or post.You can ask us to only send you marketing communications by particular methods (for example, you may be happy to receive emails from us but not telephone calls), or you may ask us not to send you any marketing communications at all.
- 12.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our Site and/or any content published on Our Site, whether express or implied.
- 12.4 You agree not to use Our Site for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.
- 12.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any content from it, or any website linked to it.
- 12.6 We assume no responsibility for the content of Partner Sites or any websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- 12.7 Any content on our Site is not intended to be advice on which you should rely. You should obtain professional advice before taking any action on the basis of the content Our Site,
We will keep your Personal Data for the duration of the service and in accordance with your instructions or for such periods as may be required by law. If you close your user account, we may however retain the information that might later be needed to prove transactions in order to make claims or defend against claims, or prevent fraud or other unlawful or inappropriate behavior.
14. Information about us
- 14.1 We provide service to individuals to facilitate property sales and rent in the Pakistan.
- 14.2 Our Site is owned and operated by mimakaan.com. We are a company registered in the Pakistan.
- 15.1 This agreement is subject to Pakistani law and the exclusive jurisdiction of the courts of Pakistan. Definitions In these terms and conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:
means the residential property in Pakistan that you have asked mimakaan.com to appraise or have instructed us to advertise for sale;
means the person(s) purchasing the Property;
means the owner(s) of the Property or the person(s) who is entitled to sell the Property;
means the person(s) who occupies land or property rented from a landlord;
means the person(s) who rents out land, a building, or accommodation;