Terms and Conditions

These Terms and Conditions (“Agreement”) govern your use of REALS.PH (the “Platform”). By registering or using the Platform, you agree to comply with these terms. If you do not agree, you may not register or use the Platform. This Agreement constitutes a binding contract between the broker, owner, salesperson, and Reals Corporation

  1. ELIGIBILITY AND COMPLIANCE WITH REPUBLIC ACT 9646
    1. Real Estate Service Compliance: All brokers, salespersons, and owners must adhere to the standards set forth in Republic Act 9646, otherwise known as the "Real Estate Service Act of the Philippines."
    2. Licensing Requirements: All real estate brokers and salespersons using the Platform must be duly licensed by the Professional Regulation Commission (PRC). You may be required to submit proof of your license before registration is approved. This provision does not apply if the user is an owner of a property.
    3. Professional Conduct: All users must conduct business in an ethical and professional manner in compliance with the rules and regulations of the PRC.
  2. RIGHT TO POST AND LIST PROPERTIES
    1. Authority to List: By uploading or listing properties on the Platform, subscribers affirm that they have the legal right and authority to market and sell the property. This includes, but is not limited to, being the property owner, an authorized representative of the owner, or a licensed and authorized real estate broker.
    2. Proof of Authorization: Should an issue arise, REALS.PH reserves the right to request proof of ownership or authorization (e.g., contracts, written authorizations, or legal documentation) to verify the subscriber’s authority to list the property. Failure to provide such proof may result in the removal of the listing and possible account suspension.
    3. Compliance with Laws: Subscribers must comply with all relevant laws, including Republic Act 9646, when posting listings. Misrepresentation of authority or ownership will result in immediate removal of the listing and may lead to legal consequences.
  3. COLLABORATIVE SELLING AND COMMISSION SHARING
    1. Listing Accessibility: By uploading property listings on the Platform, you agree to allow all registered brokers, salespersons, and other subscribers of REALS.PH to access and market your listings to potential buyers.
    2. Commission Sharing: All subscribers who participate in a transaction (i.e., listing broker, buyer’s broker, salesperson) agree to share commissions in proportion to their involvement in the transaction. The specific commission structure and percentage distribution shall be determined by the subscribers involved in each sale and agreed upon before finalizing the transaction.
    3. Voluntary Agreement: By using the Platform, all subscribers voluntarily enter into this agreement and acknowledge that they are bound by the terms of commission sharing as agreed upon by the parties involved in each transaction. Any disputes arising from commission distribution must be resolved between the involved parties without involving REALS.PH.
    4. Platform as Contract: This Platform serves as a legally binding contract between all registered subscribers, affirming their mutual agreement to collaborate in marketing and selling properties and to equitably share commissions.
  4. RIGHT TO MODIFY COMMISSION RATES FOR AFFILIATE PROGRAMS
    • REALS.PH reserves the right to modify or change the commission rates applicable to its affiliate programs at any time, at its sole discretion. Such changes will only affect commission rates related to the affiliate programs and will not apply to commission agreements between subscribers related to property transactions. Any changes to the commission rates will be communicated to all affected affiliates in advance. Continued participation in the affiliate program following such changes will constitute acceptance of the modified commission rates.
  5. PLATFORM USAGE AND RESPONSIBILITIES
    1. Account Registration: You agree to provide accurate and complete information when registering an account. You are responsible for all activities conducted through your account.
    2. Listings: Property owners, brokers, and salespersons are responsible for the accuracy and legality of property listings, including all photos, descriptions, and claims. Misrepresentation or fraud will lead to the removal of listings and may result in account suspension.
    3. Prohibited Activities: You agree not to engage in any activity that could harm the Platform, other users, or third parties, including:
      • Posting misleading or false property information.
      • Violating any applicable laws, including Republic Act 9646.
      • Using automated systems (e.g., bots) to interact with the Platform.
      • Engaging in any fraudulent transactions.
    4. Prohibition of Inappropriate Content: Subscribers are strictly prohibited from uploading, sharing, or posting any content on the Platform that is unlawful, inappropriate, or offensive, including but not limited to:
      • Pornographic material or any content that is sexually explicit or suggestive.
      • Violent content that depicts, promotes, or glorifies violence, harm, or abuse.
      • Hate speech or content that incites discrimination, harassment, or harm against individuals or groups based on race, religion, ethnicity, gender, sexual orientation, or any other protected characteristic.
      • Fraudulent content, including but not limited to misleading property descriptions or manipulated images intended to deceive.
      • Defamatory content or material that harms the reputation of other subscribers or third parties.
    5. Consequences of Violations: Any subscriber found to be in violation of this clause may have their content removed and their account suspended or terminated without prior notice. REALS.PH reserves the right to take legal action where necessary and will cooperate with authorities to address any illegal activities.
    6. Content Monitoring: While REALS.PH does not actively monitor all uploaded content, it reserves the right to review, remove, or report any content that violates these Terms and Conditions.
  6. COMMITMENT TO COMPLIANCE FOR NON-LICENSED SUBSCRIBERS
    1. Non-Licensed Subscriber Participation: Subscribers who are neither property owners, licensed brokers, nor licensed real estate salespersons acknowledge that they are not authorized to engage in the practice of real estate service under Republic Act 9646. By registering on the Platform, such subscribers agree not to engage in any real estate transactions unless under the supervision of a licensed broker.
    2. Promise to Enroll in Real Estate Salesperson Programs: Non-licensed subscribers who wish to participate in real estate transactions through the Platform agree to enroll in accredited real estate salesperson programs within a reasonable period. By doing so, they commit to obtaining the necessary training, education, and licensure to become a real estate salesperson, as mandated by Republic Act 9646.
    3. Temporary Participation: Until they have successfully completed the requirements and are duly licensed, non-licensed subscribers may only engage in limited activities on the Platform, such as assisting licensed brokers in marketing properties or performing administrative tasks, as allowed by law.
    4. Proof of Enrollment: The Platform may request proof of enrollment in a real estate salesperson program at any time. Failure to provide such proof, or failure to obtain licensure within a reasonable timeframe, may result in suspension or termination of the subscriber’s account in compliance with Republic Act 9646.
  7. LIMITATION OF LIABILITY
    1. General Limitation: To the extent permitted by law, REALS.PH will not be liable for any damages resulting from the use of the Platform, including direct, indirect, incidental, or consequential damages.
    2. Non-Liability for Listings: REALS.PH acts solely as a platform for the posting and marketing of real estate properties. We do not verify the accuracy, legality, or completeness of the listings. Any issues, errors, or omissions in the property listings, including ownership disputes, misrepresentation, or incomplete information, are the sole responsibility of the subscriber who posted the listing. The Platform will not be held liable for any claims or damages arising from the use of or reliance on any listing information.
    3. Disputes Between Subscribers: REALS.PH will not be responsible for mediating or resolving disputes between subscribers, including, but not limited to, disagreements regarding commission sharing, property transactions, or any contractual misunderstandings. All such matters are the responsibility of the subscribers involved. Any conflicts must be resolved between the parties without involving the Platform.
    4. Indemnity: Subscribers agree to indemnify and hold REALS.PH harmless from any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising from their use of the Platform, including disputes related to listings, commission sharing, or transactions.
    5. Real Estate Transactions: The Platform acts solely as a venue for property listings and is not responsible for the completion or legality of real estate transactions. Users should conduct their due diligence when buying or selling properties.
    6. Encumbrances or Liens: REALS.PH is not responsible for verifying the legal status, encumbrances, liens, or any other claims on the properties listed on the Platform. It is the sole responsibility of the subscribers, including brokers, salespersons, and buyers, to conduct their own due diligence to verify the accuracy and legal standing of any property. REALS.PH will not be held liable for any issues or disputes arising from undisclosed encumbrances, liens, or other legal impediments related to the properties.
  8. DATA PRIVACY COMPLIANCE
    1. Data Collection and Use: By registering on the Platform, you agree to provide accurate, updated, and truthful personal information. All personal data collected will be handled in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173).
    2. Data Sharing: Your data may be shared with relevant parties, including buyers and sellers, only to the extent necessary to facilitate real estate transactions.
    3. Security: We implement reasonable security measures to protect your data. However, by using the Platform, you acknowledge that no online data transmission is completely secure.
    4. User Responsibility: You are responsible for safeguarding your login information. You agree to notify us immediately in case of any unauthorized use of your account.
    5. Consent: By registering, you expressly agree that you authorize the platform to share all the necessary information pertaining to the properties that you upload.
  9. INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT
    1. Platform Ownership: All content on the Platform, including text, graphics, logos, images, and software, is the property of REALS.PH and protected under applicable intellectual property laws, including the Intellectual Property Code of the Philippines (Republic Act No. 8293). You agree not to reproduce, distribute, or create derivative works from any content without permission.
    2. User-Generated Content: You retain ownership of any content you post, such as property listings, but grant the Platform a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content as necessary to operate the Platform.
    3. Copyright Infringement: Users are prohibited from uploading or posting content that violates the intellectual property rights of others. Any infringement may result in account suspension or termination.
  10. COMPLIANCE WITH REPUBLIC ACT 10175 (CYBERCRIME PREVENTION ACT)
    1. Prohibited Cyber Activities: All subscribers must comply with Republic Act 10175, also known as the Cybercrime Prevention Act of 2012. Subscribers are strictly prohibited from engaging in any unlawful activities on the Platform, including but not limited to:
      • Cyber libel or defamation that harms the reputation of other subscribers.
      • Unauthorized access to, interference with, or hacking of other users' accounts or the Platform.
      • Posting or sharing false, misleading, or malicious information that may harm others.
      • Cyber fraud, identity theft, or any other fraudulent online behavior.
    2. Respect for Subscriber Reputation: Subscribers must respect the rights and reputation of others while using the Platform. Any form of harassment, defamation, or violation of another subscriber’s rights through the Platform will be dealt with in accordance with the Cybercrime Prevention Act.
    3. Penalties for Violations: Any violation of this clause may result in the immediate suspension or termination of the offending subscriber's account, along with potential legal action in accordance with Republic Act 10175. REALS.PH reserves the right to cooperate with law enforcement authorities in the investigation and prosecution of any cybercrime violations.
    4. Indemnity: Subscribers agree to indemnify and hold REALS.PH harmless from any claims or liabilities arising from their violation of the Cybercrime Prevention Act or any unlawful activity conducted on the Platform.
  11. RESPONSIBILITY OF REPORTING UNDER THE ANTI-MONEY LAUNDERING ACT (AMLA) AND REPUBLIC ACT NO. 11521
    1. Reporting: All subscribers are required to comply with the provisions of the Anti-Money Laundering Act of 2001 (Republic Act No. 9160), as amended by Republic Act No. 11521, and related laws and regulations. Subscribers must report any real estate transaction involving a single cash transaction or a series of transactions exceeding Seven Million Five Hundred Thousand Philippine Pesos (PHP 7,500,000.00) to the Anti-Money Laundering Council (AMLC) as required by law, or any of its future amendments.
    2. Due Diligence: Subscribers are responsible for conducting proper due diligence and reporting any suspicious activities related to money laundering or terrorist financing. The necessary reports must be submitted to the AMLC in a timely and accurate manner.
    3. Non-Compliance: Failure to comply with the reporting obligations under AMLA and Republic Act No. 11521 may result in legal penalties, and the platform disclaims all responsibility for any non-compliance by its subscribers with these laws or other relevant regulations.
  12. ACCESS LIMITATION AND PREMIUM ACCOUNTS
    1. Subscriber Limit: Upon reaching a maximum number of subscribers as determined by [Platform Name], the Platform reserves the right to limit access to certain features for non-premium account holders. Once this threshold is reached, only subscribers with premium accounts will have unlimited access to all the features of the Platform.
    2. Limited Access for Non-Premium Accounts: Subscribers with non-premium accounts may experience restricted access to certain services or features, including but not limited to the number of property listings, communication tools, or marketing options available to them.
    3. Account Conversion to Premium: Non-premium subscribers will have the option to convert their accounts to premium at any time to regain full access to all features of the Platform. The Platform reserves the right to establish the terms, pricing, and conditions for premium account conversions.
    4. Notification: Subscribers will be notified in advance of any limitations imposed on their accounts and will be provided with instructions on how to upgrade to premium status.
  13. TERMINATION OF ACCOUNT
    • We reserve the right to terminate or suspend your account at any time for violating these Terms and Conditions or for any other reason, without prior notice.
  14. AMENDMENTS
    • We reserve the right to amend these Terms and Conditions at any time. You will be notified of any significant changes, and continued use of the Platform after such notification will constitute your acceptance of the revised terms.
  15. GOVERNING LAW
    • This Agreement shall be governed by the laws of the Philippines. Any disputes arising from or related to this Agreement shall be settled in accordance with the laws of the Republic of the Philippines.
  16. CONTACT US
    • For any questions or concerns regarding these Terms and Conditions, you may contact us at [email protected].
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