PRIVACY POLICY AND TERMS OF USE



Privacy Policy

Welcome to www.squarenine.com, as operated by Al Miraj Group of Companies (“Company” or “we”). Our website enables consumers to find real estate investment guidance, list apartments, houses or other real estate for rent or sale and individuals to locate such properties for rent or sale (collectively the "Service"). Company makes this Service available to users of the Service subject to these terms of use (the "Terms"). These Terms represent a legal contract between you, a user of the Service seeking properties for rent or sale (“you”), and Company, regarding your access to and use of the Service.

1. Acceptance of the Terms

Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms, our Privacy Policy and any additional posted guidelines, rules and terms applicable to specific services, features, and downloadable applications, which may be posted from time to time (collectively, the "Guidelines"). Our Privacy Policy and such Guidelines are incorporated by reference into these Terms.
If you do not agree to these Terms, the Privacy Policy or the Guidelines, you must not access or use the Service.

2. Consent to Auto-Dialed Text Messages and Phone Calls.

You agree that Company may contact you by autodialed text messages and phone calls with information about the Service, your account, and marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Service. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

3. Contacting Us

If you have any questions or concerns relating to the Service or these Terms, you may contact us at: Square Nine Building, DHA II, Service Road 1, Plaza # 90, Islamabad and Email: info@squarenine.com

4. Changes to these Terms and the Service

Company may amend these Terms. All changes are effective immediately when we post them. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes. We reserve the right to withdraw, amend or discontinue any part of our Service in our sole discretion without notice. The Service may be out of date and Company makes no commitment to update materials on the Service.

5. Age and Geographic Restrictions

By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Service. Company is based in the city of Islamabad, Islamic Republic of Pakistan (hereinafter referred as Country). Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the country, you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws.

6. Privacy

Please read the Privacy Policy carefully for details relating to what information and data Company collects from you, and how we use that information and disclose it to third parties.
We may use your personal information to:
I. improve your browsing experience by using your data to profile you and personalize the website;
II. enable your use of the services available on the website;
III. send to you goods purchased via the website, and supply to you services purchased via the website;
IV. send statements and invoices to you, and collect payments from you;
V. share information with business partners who may contact you about topical and relevant information;
VI. send you general (non-marketing) commercial communications;
VII. send you email notifications which you have specifically requested;
VIII. send you email notifications promoting our services;
IX. send you SMS notifications promoting our services;
X. send you our newsletter and other marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email, SMS, or similar technology (you can inform us at any time if you no longer require marketing communications);
XI. deal with enquiries and complaints made by or about you relating to the website;
XII. provide third parties with anonymous statistical information about our users;
XIII. administer the website;

7. Dispute Resolution and Arbitration

Please read the following arbitration provision carefully. It requires you to arbitrate certain disputes with the Company arising out of these Terms, the Service or any other product or service of the Company (“Disputes”) and limits the manner in which you can seek relief from us.

Both you and Company acknowledge and agree that for purposes of any Dispute, Company’s officers, directors, employees, agents and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

Informal Dispute Resolution. Before filing a claim against the Company, please contact us at the contact information under Contacting Us. We will try to resolve the Dispute informally. If a Dispute is not resolved within 15 days after submission, you or the Company may bring a formal arbitration proceeding.

We Both Agree To Arbitrate. You and the Company both agree to resolve any Disputes through final and binding arbitration, except as set forth under the exceptions below.

Governing Law of Arbitration Terms.
1. Notwithstanding anything to the contrary in these Terms, you and the Company agree that the arbitration shall be conducted in accordance with the Arbitration Act, 1940. The laws of the Islamic Republic of Pakistan shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.

Procedures of Arbitration:
1. The arbitration shall be conducted by three (3) arbitrator.

2. For three arbitrators, each party shall elect an arbitrator within (10) Ten days of commencement of the arbitration, who shall serve as a neutral arbitrator, and the two designated arbitrators shall select the a third neutral arbitrator within (twenty (20) days of their selection of the Parties.

3. If the Parties are not able to agree upon the selection of an arbitrator, within twenty (20) days of commencement of arbitration proceedings by service of a demand for arbitration, the arbitrator shall be selected by the Court of Competent jurisdiction in accordance with the terms of this agreement.

4. If the two arbitrators cannot agree on selection of third arbitrator within (twenty) (20) days of their appointment, the Court of the competent jurisdiction shall select such arbitrator in accordance with the terms of this agreement.

5. It is the intent of the parties that, baring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty (120) days from the arbitrator(s) are appointed. The arbitrator(s) may extend this time in the interests of Justice. Failure to adhere to this time limit shall ot constitute a basis of challenging the award.

6. Except as may be required by law, neither a party, nor its representative may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the other party.

7. The decision of the arbitrators shall be final and binding on the parties. Location of Arbitration: The arbitration shall be held in Islamabad, Islamic Republic of Pakistan.

8. Account Information In order to use the Service, you will have to create an account through our online registration form. You may also register by using your login(s) for Google or Facebook or other social networking sites. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that all information you provide to register with this Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Password. When you register you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account or password), you should immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
You acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

9. Career Information
Any information you submit through the career pages of our website must be true, complete, and not misleading. If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing their information to us.

10. Intellectual Property Rights The Service and its entire contents, features, and functionality (including all listings, information, software, text, displays, images, video, interactive and visual features, and audio, and the design, selection, and arrangement thereof) (“Company Materials”) are owned by the Company, its licensors, its business customers or other providers of such material and are protected by Intellectual Property Laws of Islamic Republic of Pakistan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Company Materials are not owned by you.

These Terms permit you to use the Service only for your personal, non-commercial use. You must not sell, license, reproduce, distribute, copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit any of the Company Material or otherwise make unauthorized use of the Service and Company Materials, except as follows:

11. Trademarks
Trademarks of Company may be included within the Service. All trademarks, logos and service marks found on the Service are the property of Company or other third parties. You are not permitted to use such marks without the prior written consent of Company or the third party that owns the respective mark. Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the Service. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages users to resolve any such disputes directly.

12. Prohibited Uses You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to: ● Use the Service in any way that violates any applicable federal, provincial, local, or international law or regulation (including any laws regarding the export of data or software to and from the Country or other countries). ● Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise. ● Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms. ● Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation. ● Impersonate or attempt to impersonate the Company, a Company employee, another user, a property company, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing). ● Defame, harass, abuse, threaten, stalk, or defraud other users. ● Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service, or expose us or them to liability. ● Collect personal information about other users without their consent. ● Remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations. ● Attempt to gain unauthorized access to the Service, other user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means. ● Deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion. ● Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. ● Modify, adapt, reproduce, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation. ● Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with the working of the Site or any other user's use of the Service, including their ability to engage in real time activities through the Service. ● Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the website. ● Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent. ● Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. ● Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. ● Otherwise attempt to interfere with the proper working of the Service.

13. Feedback If you make suggestions or provide feedback to Company on improving or adding new features to the Service, you assign ownership in such suggestions and feedback to us without any compensation to you.

14. Third Party Services and Links
Company may provide tools through the Service that enable you to export information to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information.

When using the Service you will be exposed to content and links from a variety of sources, including property listings information that Company aggregates from third parties (e.g., property management companies) and information from service providers who may have products or services of interest to you based on your use of our Service (“Non-Company Content”). Company is not responsible or liable for the accuracy, integrity, quality, legality usefulness, or safety of the Non-Company Content, or any loss incurred as a result of your use of any Non-Company Content, or any communications you have with any third party provider of Non-Company Content, or any transaction you consummate with such third party (including any transactions relating to renting or purchasing housing units or other real estate), or any violation of law (including violation of the Fair Housing Act) by any third party provider of Non-Company Content.

You should review any applicable terms and policies of such third parties who provide Non-Company Content. You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect to any Non-Company Content.

15. Non-Monitoring of Non-Company Content Company does not control the Non-Company Content and does not have any obligation to pre-screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company still assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the third party submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason.

16. Enforcement We have the right to take appropriate legal action with respect to your use of the Service, including referral to law enforcement, for any illegal or unauthorized use of the Service. You waive any legal or equitable rights or remedies you have or may have against Company (and our officers, directors, agents, subsidiaries and employees) with respect claims resulting from any action taken by Company during or taken as a consequence of investigations by either the Company or law enforcement authorities.

17. Social Media Features The Service may provide certain social media features that enable you to: ● Link from your own or certain third-party websites to certain content on this Service. ● Send emails or other communications with certain content, or links to certain content, on the Service. ● Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us. Subject to the foregoing, you must not: ● Establish a link from any website that is not owned by you. ● Link to any part of the Service’s website other than the homepage. ● Otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

18. Release of Disputes with Third Parties If you have a dispute with: (i) another user of the Service; (ii) the provider of any Non-Company Content (including a property management company); or (iii) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, and employees) from all claims, demands and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You acknowledge that you have been advised to consult with legal counsel and are familiar with the Constitution of Islamic Republic of Pakistan. You agree to expressly waive any rights you may have thereunder, as well as under any other statute or common law principles of similar effect. 19. Termination You agree that Company may suspend, disable, delete or terminate your account or your use of the Service at any time in its sole discretion, and you agree that Company is not liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account (if you are registered user) and discontinuing use of the Service. In the event that these Terms are terminated, you will not register a new account under a different name. Upon termination, all licenses granted by Company herein will terminate. 20. Indemnification You agree to indemnify, defend, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents and representatives from and against losses, obligations, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of any third party claim relating to (i) your misuse of the Service or; (ii) your violation of these Terms; and (iii) your violation of the rights of any other person or entity. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it. 21. Disclaimers NO IMPLIED WARRANTIES; AS-IS AND AS-AVAILABLE THE SERVICE, COMPANY MATERIALS, AND NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AT YOUR OWN RISK YOU AGREE THAT YOUR ACCESS TO AND USE OF DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) AND ANY NON-COMPANY CONTENT ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR USING SUCH DATA. NO INTERRUPTION, ACCURACY, SECURITY AND SIMILAR WARRANTIES COMPANY DOES NOT WARRANT THAT (A) SERVICE, THE COMPANY MATERIALS, NON-COMPANY CONTENT, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) THE RESULTS OF USE OF THE SERVICE OR ANY NON-COMPANY CONTENT WILL BE SECURE OR RELIABLE. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR RELIANCE ON NON-COMPANY CONTENT. NO WARRANTIES AND NO LIABILITY FOR THIRD PARTY OFFERINGS COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE TYPES OF LISTINGS YOU SEE OR THE ORDER OF THE LISTINGS THAT YOU SEE. THE ORDERING OF THE LISTINGS MAY BE BASED ON MANY FACTORS INCLUDING YOUR LOCATION, YOUR PREFERENCES, AVAILABILITY AND FEES PAID BY THE PROPERTY COMPANIES. COMPANY DOES NOT MAKE ANY WARRANTIES REGARDING THE PRODUCTS AND SERVICES THAT MAY BE OFFERED BY THIRD PARTIES OR THAT THE PROPERTY LISTINGS ARE AFFORDABLE OR A GOOD DEAL. COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELATIONSHIP WITH LANDLORDS, PROPERTY MANAGEMENT COMPANIES, SELLERS AND ANY OTHER THIRD PARTY COMPANIES THAT YOU MAY DEAL WITH IN CONNECTION WITH OUR SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 22. Limitation of Liability THE COLLECTIVE MAXIMUM AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE, IS TEN THOUSAND RUPEES (10,000), REGARDLESS OF THE LEGAL THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NONE OF COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA OR USE) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICE, THE COMPANY MATERIALS, OR NON-COMPANY CONTENT, EVEN IF FORESEEABLE OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 23. Copyright Notice; COPYRIGHT ORDINANCE 1962 The Copy Right Ordinance provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Copy Right Ordinance, 1962. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Notices and counter-notices must meet the then-current statutory requirements imposed by the government of Islamic Republic of Pakistan. 24. Survival. The following sections survive any termination of these Terms or your account: 6 (Privacy), 7 (Dispute Resolution and Arbitration), 10 (Intellectual Property Rights), 11 (Trademarks), 12 (Prohibited Uses), 13 (Feedback), 14 (Third Party Services and Links), 16 (Enforcement), 18 (Release of Disputes with Third Parties), 19 (Termination), 20 (Indemnification), 21 (Disclaimers), 22 (Limitation of Liability), 23 (Copyright Notice; Copy Right Ordinance, 1962), 24 (Survival), and 25 (Miscellaneous). 25. Miscellaneous Entire Agreement. These Terms, together with the Privacy Policy and Guidelines, are the entire agreement between the parties and supersede all prior and contemporaneous understanding and agreements, in each case on the subject matter hereof. Independent Contractors. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. Severability. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. Assignment. You may not assign these Terms without the prior written consent of Company, and any prohibited assignment will be null and void. Company may assign these Terms without restriction and without any notice to you. Waiver. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.