Welcome to MakaanX. These Terms of Service ("Terms") govern your access to and use of the MakaanX platform, including our websites, mobile applications, and services (collectively, the "Platform"). By creating an account or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws.
1. Platform Use & Account Eligibility
You must be at least 18 years old and capable of entering into legally binding contracts to use the Platform. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password.
2. User Obligations & Prohibited Conduct
All users agree not to:
- Provide false or misleading information.
- Engage in fraudulent activities, including payment fraud or misrepresentation of identity or property ownership.
- Use the Platform for any illegal purpose or in violation of any local, provincial, or federal law.
- Circumvent any security features, fee structures, or communication channels of the Platform.
- Harass, threaten, or discriminate against any other user or MakaanX staff.
3. Owner & Landlord Obligations
By listing a property, you represent and warrant that you are the legal owner or have explicit authority to act on the owner's behalf. You agree to provide accurate property information, comply with MakaanX's verification processes, and adhere to the terms of the executed Property Management Agreement (PMA).
4. Tenant Obligations
As a tenant, you agree to comply with all terms of the executed Lease Agreement, make timely rent payments through the Platform, and maintain the property in good condition. Direct financial transactions with the property owner outside the Platform are strictly prohibited.
5. Partner & Service Provider Obligations
Partners and Service Providers must adhere to the executed Independent Contractor Agreement and Partner Code of Conduct. You must maintain all required licenses and insurance, perform services to a professional standard, and comply with MakaanX's quality and safety guidelines.
6. Payments, Fees & Subscriptions
You agree to pay all applicable fees, including rent, service fees, subscription fees, and late penalties as specified on the Platform. All payments must be processed through MakaanX's designated payment channels. We reserve the right to use third-party payment processors and you agree to their terms.
7. Verification, Trust Scores & AI Systems
You consent to MakaanX's verification processes, which may include identity verification, document analysis, and background checks. You acknowledge that MakaanX uses AI-powered systems, including a Trust Score, to assess risk and make recommendations. MakaanX provides an appeal process for significant AI-driven decisions, as detailed in our AI Governance Framework.
8. Account Suspension & Termination
MakaanX reserves the right to suspend or terminate your account and access to the Platform for any material breach of these Terms, including fraudulent activity, non-payment, or illegal conduct. We will provide notice and an opportunity to appeal, where appropriate, as outlined in our policies.
9. Limitation of Liability
To the maximum extent permitted by law, MakaanX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability for any claim arising out of these Terms or the use of the Platform will not exceed the greater of the amount you paid to MakaanX in the 12 months preceding the claim or PKR 25,000.
10. Indemnification
You agree to indemnify, defend, and hold harmless MakaanX and its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Platform or your violation of these Terms.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Islamic Republic of Pakistan. Any dispute shall first be addressed through MakaanX's internal mediation process. If unresolved, the dispute shall be referred to binding arbitration under the Arbitration Act 1940, seated in Karachi, Pakistan. A dispute about a particular property or tenancy follows the courts and forum at the place where that property is located, as set out in the lease or property agreement for it.
12. Electronic Agreements & Communication
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, pursuant to the Electronic Transactions Ordinance 2002.
13. Changes to Terms
We may modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.