Listing Terms
LISTING TERMS
These Listing Terms constitute a legally binding and enforceable agreement between you and Twelve Infinity (Private) Limited, a company incorporated and existing in Sri Lanka located at 2nd Floor, McLarens Building, No. 123, Bauddhaloka Mawatha, Colombo 4, Sri Lanka, the owner and operator of the mahasrealestate.com website. This Agreement governs the terms and conditions subject to which we accept properties for listing on the Website.
By clicking on “I accept” and submitting your property for listing, you accept these Listing Terms and agree that the listing of your property shall be subject to the terms and conditions contained herein.
1. Listing
1.1 Properties for sale or rent/lease may be listed on the Website subject to these Listing Terms and our general User Agreement and Privacy Policy.
1.2 By accepting these Listing Terms and submitting your property for listing on the Website, you agree such listing shall be subject to these Listing Terms, our general User Agreement and Privacy Policy.
1.3 You agree and understand that the decision to list a property on the Website shall be at our complete discretion.
1.4 You agree and understand that we are entitled to remove your listing from our website at our discretion, with or without notice to you.
1.5 You are entitled to request us to remove your listing from the Website, or amend the details relating to your listing, at any time after accepting these Listing Terms.
2. Services
2.1 If we decide to list your property, we will promote your listing through the Website and will, through the Website and otherwise, endeavour to refer to you prospective buyers or renters/lessees [as the case may be] for your property. We may also promote your listing across social media platforms [including but not limited to Facebook, Instagram, WhatsApp and Twitter] and by email to our mailing lists and you specifically consent to the use, dissemination and publication by us of Content provided by you for your listing for such purpose.
2.2 You acknowledge that due to the nature of the property market there is no guarantee that you will be able to sell or rent/lease your property and/or how soon we may be able to find a buyer or renter/lessee your property.
2.3 You will have complete discretion in determining the contract price [for sale or rent/lease, as the case may be] in respect of your property.
2.4 Once a prospective buyer, renter or lessee is introduced to you, you are free to negotiate the sale price or rental [as the case may be] and the other applicable terms and conditions with regard to the contract for sale or rent/lease. We may however, at your request or the request of the prospective buyer, renter or lessee and the consent of all parties, facilitate the negotiation process.
2.5 We do not get involved in the due diligence, title search or legal documentation process, and it will be your responsibility to provide prospective buyer/renters/lessees with the documentation [including, but not limited to, deeds, plans, approvals, licences and permissions] and information required for any title search and/or due diligence in respect of the property.
2.6 You agree to provide all reasonable assistance to us in our provision of the Services along with all relevant information, materials and documentation that may be requested by us from time to time, using reasonable endeavours to assist us in arranging viewings (and providing cooperation in anticipation of and during such viewings) and maintaining the property in a clean and tidy manner.
3. Commission
3.1 You accept that we will be entitled to a commission [as set out in clause 3.2] below on a successful close of a transaction in respect of your property with a buyer/renter/lessee who is introduced or referred by us.
3.2 You accordingly accept and agree to pay us the following commission on contracts in respect of your property concluded with a buyer/renter/lessee introduced or referred by us:
(a) On property sales – 3% of the sale price as reflected in the deed of transfer
(b) On property rentals/leases – One month’s rent as reflected in the rental agreement/lease
3.3 The delisting of your property and/or the termination of this agreement will not extinguish our right to receive the commission provided that the buyer, renter or lessee was introduced to you by us.
4. Your representations
4.1 You acknowledge that we do not carry out an independent verification of the truth, accuracy or adequacy of Content you provide in respect of properties listed on the Website and that, in particular, we do not verify your right, title, or interest to the property or your right to sell, rent or lease the property. You take sole responsibility and liability for the Content you provide for the listing.
4.2 By accepting these Listing Terms and submitting your property for listing, you undertake, warrant and represent that the properties that you wish to list on our website are properties owned by you and/or that you have the legal right and authority to list such properties on our website for the purpose listed.
4.3 You warrant and represent that all Content provided by you in respect of your identity and in respect of any and all properties that you wish to list, is true and accurate.
4.4 By submitting Content for purposes of listing, publishing and promoting your property on the Website, you warrant and undertake that you have the necessary right and authority to so, and that such listing, publication and promotion and/or use and/or dissemination of the Content will not violate or infringe any third party copyrights or other intellectual property rights in or to the Content or any data or information included in the Content or breach any non-disclosure obligation.
4.5 You agree to indemnify us as well as our officers, directors, employees, agents and contractors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any breach of your above warranties, representations and undertakings.
5. General terms
5.1 Complete Agreement and Survival – This Agreement, along with the Privacy Policy sets forth the entire understanding between you and us with respect to the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
5.2 Assignment – You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
5.3 No Waiver – Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
5.4 Intellectual property – The names ‘Mahas’ and ‘Mahas Real Estate’, Mahas logo and all names and logos associated with the Services are trademarks of Twelve Infinity (Private) Limited, and you agree that you will not display or use in any manner any such trademarks without our prior express consent.
5.5 User Agreement and Privacy Policy – Our User Agreement and Privacy Policy shall apply to all listings on the Website and the Services and the User Agreement and Privacy Policy shall be read and construed as part and parcel of these Listing Terms. Provided that in the event of an inconsistency between any term contained herein and the terms contained in the User Agreement, the relevant terms contained herein shall be deemed to prevail.
5.6 Jurisdiction – The appropriate Courts of Colombo, Sri Lanka shall have jurisdiction to hear and determine any matter arising from this User Agreement.
5.7 Governing law – These Listing Terms shall be governed by and construed in accordance with the laws of Sri Lanka.
6. Definitions
• “Content” means any and all content, information or data [including, but not limited to, all information pertaining to user identity, the identity, nature, specifications and location of any property including geolocation data, photographs, videos and brochures] provided by a user of the Website or Services for the purposes of obtaining the Services and using the Website and includes a property listing and all content, information and data included in such listing
• “Service” or “Services” means all our products and services and any other features, technologies and/or functionalities offered by us on our Website or through any other means.
• “we,” “us” or “our” means Twelve Infinity (Private) Limited
• “Website” means the www.mahasrealestate.com website