THE AGREEMENT

The use of this website and the services offered on it by Prime Listing PH (the “Company,” “we,” “us,” or “our”) are subject to the following Terms of Service (this “Agreement”), all parts of which are incorporated by reference. This Agreement governs your access to and use of all pages on this website (collectively, the “Website”) and any services, features, tools, or content provided by or through the Website (the “Services”).

By accessing or using the Website, you agree to be bound by this Agreement.

1) DEFINITIONS

a) Company, Us, We: Prime Listing PH, as the creator, operator, and publisher of the Website. “Company,” “we,” “us,” and “our” include our employees, contractors, and affiliates.

b) You, User, Client: You, as the user of the Website or Services.

c) Parties: Collectively, the Company and you.

d) Effective Date: The date this Agreement comes into force, as stated above.

2) ASSENT & ACCEPTANCE

By using the Website or Services, you represent that you have read and reviewed this Agreement and agree to be bound by it. If you do not agree, you must discontinue use of the Website and Services immediately.

3) AGE RESTRICTION

You must be at least 18 years old to use the Website or Services. By using the Website, you represent and warrant that you are at least 18 and have legal capacity to enter into this Agreement. We are not responsible for any misrepresentation of your age.

4) LICENSE TO USE THE WEBSITE

We may make information, documentation, data, text, images, or other materials available through the Website (“Company Materials”). We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Company Materials solely in connection with your lawful use of the Website and Services. Any other use is prohibited. This license terminates upon your cessation of use or upon termination of this Agreement.

5) INTELLECTUAL PROPERTY

The Website, Services, Company Materials, design elements, logos, and all other content we provide (collectively, “Company IP”) are owned by or licensed to the Company and are protected by intellectual property laws. You shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, or exploit the Company IP without our prior written consent.

Your Content License. If you upload, publish, submit, or otherwise make available text, images, videos, floor plans, logos, trademarks, listing data, or other materials (“Your Content”) to the Website, you grant the Company a worldwide, royalty‑free, non‑exclusive license to host, store, reproduce, adapt, publish, publicly display, transmit, and distribute Your Content in connection with operating, marketing, and improving the Website and Services. You retain any ownership in Your Content.

IP Complaints. If you believe material on the Website infringes your rights, please contact us (see 24) Contact Us). We may remove or disable access to allegedly infringing material at our discretion.

6) ACCOUNT REGISTRATION & SECURITY

You may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Notify us promptly of any unauthorized use or security breach. Providing false or misleading information, or using the Services for unlawful purposes, may result in suspension or termination.

7) ACCEPTABLE USE

You agree not to use the Website or Services to:

1. Violate any applicable law or regulation (including the Philippine Real Estate Service Act (RESA) and consumer protection laws);

2. Infringe any intellectual property, privacy, or publicity rights;

3. Upload viruses, malware, or harmful code, or attempt to disrupt or overload the Website;

4. Harass, abuse, defame, or threaten others, or incite violence or discrimination;

5. Engage in fraud, misrepresentation, false advertising, or deceptive practices;

6. Scrape, harvest, or collect data without consent, or attempt to gain unauthorized access;

7. Post obscene, pornographic, or otherwise inappropriate content;

8. Post or promote illegal products, services, or activities.

We may investigate and take any action we deem appropriate, including removal of content and suspension of accounts.

8) MARKETPLACE NATURE; NO BROKERAGE OR AGENCY (UNLESS STATED)

Prime Listing PH operates primarily as an online listing and advertising platform that enables users (e.g., owners, developers, licensed real estate brokers/salespersons) to publish property listings and to connect with prospective buyers or tenants. We are not a party to any transaction between users and do not: (i) represent either party, (ii) negotiate terms, (iii) guarantee property condition, title, or availability, or (iv) provide legal, tax, or financial advice.

Unless we expressly state in writing that a specific listing is marketed by a licensed broker affiliated with Prime Listing PH, we do not act as a real estate broker or agent. Users are solely responsible for complying with the Real Estate Service Act of 2009 (Republic Act No. 9646) and other applicable laws and regulations.

9) LISTINGS POLICY

By posting a listing, you represent and warrant that:

• You have the legal right and authority to advertise the property and to use the images/data you upload;
• All information provided (price, terms, location, floor area/lot area, photos, permits, developer/broker attribution, etc.) is accurate, not misleading, and updated promptly if it changes;
• Photos, descriptions, and media accurately reflect the actual property and do not use watermarks, trademarks, or copyrighted materials without permission;
• You will disclose material facts known to you (e.g., encumbrances, flooding history, ongoing litigation) to the extent required by law;
• You will comply with fair‑housing and anti‑discrimination laws.

We may remove listings that are misleading, duplicated excessively, expired, prohibited, or in violation of this Agreement.

10) LEADS, MESSAGING & COMMUNICATIONS

We may provide lead forms, chat, messaging, or contact tools. We do not guarantee volume, quality, or conversion of leads. You agree to use leads lawfully, to respect privacy and consent requirements, and not to spam. We may monitor or store communications to operate and improve the Services and to enforce this Agreement.

11) FEES, PLANS & PAYMENTS

Some features may require payment (e.g., featured listings, subscription plans, advertising credits). Prices, plans, and inclusions may change from time to time.

• Billing Cycle. Unless otherwise specified, subscriptions renew automatically until canceled.
• Failed Payments. We may suspend or limit Services for unpaid or failed charges.
• Refunds. Except where required by law, fees are non‑refundable once the paid feature is delivered or the billing period begins. If a refund is issued, it will be processed to the original payment method.

Full pricing, inclusions, and any campaign‑specific terms (if applicable) will be shown at point of purchase.

12) PRIVACY

Your use of the Website and Services is subject to our Privacy Policy (as amended from time to time). By using the Services, you consent to the collection, use, processing, and storage of information in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173) and our Privacy Policy. If you have questions or wish to exercise your rights (e.g., access, correction, deletion), contact us (see 24) Contact Us).

13) THIRD‑PARTY SERVICES & LINKS

The Website may link to third‑party websites, tools, or services. We are not responsible for the content, availability, or practices of third parties and do not endorse them. Your use of third‑party services is at your own risk and may be governed by separate terms.

14) ASSUMPTION OF RISK; USER DUE DILIGENCE

The Website and Services are provided for information and advertising purposes only and do not constitute professional advice. You are solely responsible for conducting your own due diligence, including verifying property details, ownership, permits, and title, and for seeking independent legal or professional counsel before entering into any transaction.

15) REVERSE ENGINEERING & SECURITY

You agree not to: (a) reverse engineer, decompile, or disassemble any part of the Website or Services; (b) bypass, breach, or circumvent security controls; (c) interfere with or disrupt the Website, servers, or networks; or (d) use any robot, spider, scraper, or automated means to access the Website for any purpose without our prior written permission.

16) DATA LOSS & AVAILABILITY

We do not guarantee continuous, uninterrupted, or secure access to the Website or Services. You are responsible for maintaining backups of Your Content. We are not liable for any loss or corruption of data.

17) MODIFICATIONS TO THE SERVICES

We may add, change, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.

18) CHANGES TO THIS AGREEMENT

We may update this Agreement from time to time. The “Effective Date” above shows when it was last revised. Changes take effect upon posting to the Website unless stated otherwise. Your continued use after changes constitutes acceptance. If you do not agree to the updated terms, you must stop using the Services.

19) TERMINATION & SUSPENSION

We may suspend or terminate your access to the Website or Services at any time, with or without cause or notice, including if you violate this Agreement or applicable law. You may terminate by discontinuing use and, where applicable, canceling your subscription. Certain provisions will survive termination, including those relating to IP, disclaimers, limitation of liability, and indemnity.

20) DISCLAIMER OF WARRANTIES

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE ERROR‑FREE, UNINTERRUPTED, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

21) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF PHP 5,000 OR THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations; in such cases, the foregoing limitations apply to the fullest extent permitted by law.

22) INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Website or Services; (b) Your Content; (c) your violation of this Agreement; or (d) your violation of any law or the rights of any third party.

23) GOVERNING LAW; DISPUTE RESOLUTION

Governing Law & Venue. This Agreement is governed by the laws of the Republic of the Philippines, without regard to conflict‑of‑laws rules. Subject to the arbitration clause below, the Parties submit to the exclusive jurisdiction of the courts of Cagayan de Oro City, Misamis Oriental, Philippines.

Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement that cannot be resolved amicably shall be finally settled by binding arbitration in Cagayan de Oro City, conducted in English by a single arbitrator in accordance with applicable Philippine arbitration laws and rules. The arbitrator shall have no authority to award punitive damages or to certify a class. Each party shall bear its own costs and fees, and the parties shall share equally the arbitrator’s fees, unless the arbitrator decides otherwise. Intellectual property claims seeking injunctive relief may be brought before a court of competent jurisdiction.

No Class Actions. You may only resolve disputes with us on an individual basis.

24) MISCELLANEOUS

a) Language. All notices and communications must be in English.

b) Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.

c) Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

d) No Waiver. Our failure to enforce any provision does not constitute a waiver of future enforcement of that or any other provision.

e) Headings. Headings are for convenience only and do not affect interpretation.

f) Force Majeure. We are not liable for delays or failures due to causes beyond our reasonable control (including acts of God, natural disasters, government actions, internet outages, or labor disputes).

g) Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior agreements and understandings.

25) CONTACT US

For questions, requests, complaints, or IP notices, please contact:

Prime Listing PH

Email: primelistingph@gmail.com

Website: http://primelisting.ph/

If you are a data subject making a privacy request under the Data Privacy Act of 2012, please indicate “Privacy Request” in your subject line and include sufficient information to verify your identity.

Last Updated: November 3, 2025