Terms and Conditions
- Introduction
1.1. These Terms and Conditions (hereinafter: the “Terms”) govern the use of this website (hereinafter: the “Website”), operated by SORAGDOOR88 & SHUNA LIMITED, HE 468953 (hereinafter: the “Company”). The Company is incorporated in Cyprus and its registered office is located at: Arch. Makariou III 22, MAKARIA CENTRE, 4th Floor, Flat/Office 402, 6017, Larnaca, Cyprus.
- Proper Use and User Representations
2.1. The user shall use the Website solely in accordance with its intended purposes and these Terms and shall refrain from any use inconsistent therewith.
2.2. The user shall refrain from performing any act or omission that may disrupt the proper operation of the Website in any manner whatsoever, directly or indirectly, or harm any other user, whether directly or indirectly, through a computer, mobile device, or any other means of communication.
2.3. The use of automated systems of any kind for the purpose of copying data, extracting agent or client details, scraping, or scanning the Website is strictly prohibited. Any attempt to bypass the Website’s security mechanisms is likewise strictly prohibited.
2.4. The user hereby represents and warrants that:
2.4.1. The user is of legal age and possesses full legal capacity.
2.4.2. By performing any action on the Website, the user confirms that they have read these Terms immediately prior to such action, understood and agreed to all provisions herein, and agreed to be bound by them. The user shall have no claim, demand, or cause of action against the Company or anyone acting on its behalf, including its employees, in connection with the Website or these Terms. If the user does not agree to any provision of these Terms, the user must immediately cease using the Website.
- Nature of the Platform
3.1. The Website serves as a technological and marketing platform and operates within the following areas:
3.1.1. A platform for the presentation and marketing of real estate properties.
3.1.2. A system for the collection, management, and routing of business inquiries and leads.
3.1.3. A network connecting users with real estate developers, sellers, and/or brokers.
3.2. Clarification: Unless otherwise agreed in writing, the Company does not act as a broker, agent, fiduciary, or trustee.
- Users (Clients and Agents)
4.1. The Website is intended for use by the following parties:
4.1.1. Private purchasers and investors (hereinafter: “Clients”).
4.1.2. Real estate agents, brokers, and various professionals (hereinafter: “Agents”).
4.1.3. All users (Clients and Agents alike) are fully subject to these Terms.
- Ownership of Leads and Non-Circumvention Protection (Material Clause)
5.1. All referrals, leads, and interactions generated through the Website or arising from its use (hereinafter: “Leads”) shall remain the sole and exclusive property of the Company. The Company shall have the exclusive right, at its sole and absolute discretion, to allocate, share, or distribute such Leads.
5.2. Users (including Agents and Clients) expressly undertake and agree not to contact property owners, real estate developers, or any other third parties introduced to them through the Website without the Company’s involvement, nor to attempt to complete transactions, whether directly or indirectly, for the purpose of avoiding the payment of commissions.
5.3. The Company shall be entitled to receive referral fees, introduction fees, commissions, and/or any other agreed payments in connection with any transaction resulting, directly or indirectly, from a Lead generated through the Company.
For the avoidance of doubt, the Company’s entitlement to such payments shall apply even if:
- The transaction is completed after the initial introduction; and/or
- The transaction is completed outside the Website.
5.4. Such protection shall remain in force for a period of twelve (12) months from the date of the initial introduction.
- Consent to Receive Marketing Communications
6.1. By providing personal details on the Website (including name, telephone number, and email address), the user hereby grants informed, voluntary, and explicit consent to the Company and/or anyone acting on its behalf (including developers and real estate agents to whom the details may be transferred) to send advertisements, newsletters, updates, and marketing offers, in accordance with Section 30A of the Israeli Communications Law (Telecommunications and Broadcasting), 1982.
Such communications may be sent via email, SMS messages, WhatsApp messages, or telephone calls.
- Disclaimer Regarding Property Listings
7.1. All listings and advertisements displayed on the Website are provided for general informational purposes only. They do not constitute an offer to purchase or any contractual commitment whatsoever.
Listings may contain typographical errors, omissions, or outdated information. The Company does not warrant or guarantee:
- The accuracy of displayed prices;
- The actual availability of properties; or
- The legal status of any property, including registration status, encumbrances, zoning, land designation, or existence of lawful permits.
7.2. Important Notice: Users are strongly advised to obtain independent legal advice in Cyprus prior to entering into any transaction.
- No Legal, Tax, or Investment Advice
8.1. The Website and the Company do not provide legal, tax, or investment advice. Any reliance on information appearing on the Website shall be at the user’s sole and exclusive responsibility.
- Disclaimer Regarding Reservation Fees and Escrow Arrangements
9.1. The Website may allow payment mechanisms for reservation fees or booking fees for properties.
The Company acts solely as a facilitating or intermediary party (where applicable). Funds paid may:
- Be transferred directly to third parties (such as developers, agents, or lawyers); or
- Be temporarily held by the Company,
provided that such holding shall not constitute a formal escrow or trust account unless expressly agreed otherwise in writing.
The Company does not act in the capacity of trustee, escrow agent, or fiduciary toward the user.
9.2. Users acknowledge, agree, and understand that:
9.2.1. Reservation fees may be non-refundable, subject to the terms imposed by third parties.
9.2.2. International real estate transactions involve inherent risks.
Accordingly, users are strongly advised to appoint an independent lawyer in Cyprus.
9.2.3. Users should carefully review all agreements before making any payment.
- Third-Party Services
10.1. The Website may connect users with professionals and third parties, including:
- Real estate developers;
- Real estate agents;
- Lawyers; and
- Financial advisors.
10.2. The Company expressly clarifies that it does not control the activities of such third parties and does not guarantee the quality of their services or conduct. The Company bears no responsibility whatsoever for the acts or omissions of such third parties.
- Cross-Border Transactions
11.1.The properties offered are located in the Republic of Cyprus. Transactions are fully subject to Cypriot law.
11.2. Users may also have additional personal obligations, including taxation obligations under Israeli law and European law.
- Governing Law
12.1. The Company, as well as the real estate transactions and services presented on the Website, shall be governed by the laws of Cyprus.
12.2. In order to comply with regulatory obligations applicable to developers, lawyers, and financial institutions in Cyprus, the Company and/or third parties involved in the transaction are required to conduct Know Your Customer (KYC) procedures and due diligence checks prior to entering into any legal engagement.
12.3. Failure to provide documents or information requested by the Company, provision of incomplete, inaccurate, or false information, or refusal to cooperate with compliance and anti-money laundering procedures shall grant the Company and any relevant third party the full and exclusive right to refuse service, immediately cancel any reservation or booking, and halt any engagement process.
The user shall have no claim, demand, or cause of action against the Company in connection with such refusal of service.
- Limitation of Liability
13.1. The Company shall not be liable for:
13.1.1. Any direct or indirect damages of any kind.
13.1.2. Loss of investment or loss of profits.
13.1.3. Transactions that commenced but were not completed.
13.1.4. Inaccuracies, errors, or omissions in Website listings.
13.1.5. Acts or omissions of third parties.
13.2. The Website, its content, and services are provided on an “AS-IS” and “AS AVAILABLE” basis. The Company does not warrant uninterrupted or error-free operation of the Website, including interruptions, delays, unauthorized intrusions, or viruses.
The Company shall not be liable for any damage, loss of data, or harm to user equipment resulting from use of the Website.
13.3. Without derogating from the foregoing, in any event where a competent authority determines that the Company bears liability toward the user, the Company’s aggregate liability (including that of its directors, employees, and representatives) shall under no circumstances exceed the amount actually paid, if any, by the user to the Company.
- External Links
14.1. The Website may contain links to third-party websites or systems (including developers’ websites and Cypriot governmental authorities). The Company has no control over such external websites.
The inclusion of any link shall not constitute endorsement, approval, or sponsorship of such websites, their content, reliability, data security, or privacy policies.
Any use of such external websites shall be solely at the user’s own risk.
- Indemnification
15.1. Users agree to indemnify and hold harmless the Company against any claim, demand, loss, or expense arising from:
15.1.1. Misuse of the Website or its services.
15.1.2. Violation of these Terms.
15.1.3. Disputes between the user and third parties.
- Intellectual Property
16.1. All Website content, including texts, designs, and logos, is the exclusive property of the Company.
16.2. Copying, reproducing, distributing, or making any use of Website content without the Company’s prior written consent is strictly prohibited.
- Privacy and Data Protection
17.1. By using the Website, the user consents to the collection, storage, and processing of personal information in accordance with the Website’s Privacy Policy.
The user acknowledges that their information may be transferred to third parties for the purpose of providing services or carrying out transactions and expressly consents to such transfer.
17.2. The user acknowledges that there is no legal obligation to provide personal information and that such information is provided voluntarily and with full consent for the purpose of receiving Website services.
Information shall be stored in the Company’s databases (where registration is required) and used for customer relationship management, marketing, and service improvement purposes.
17.3. The Website may use Cookies, pixels, and similar tracking technologies for operational purposes, user experience customization, statistical analysis, and information security.
Users may block or delete Cookies through their browser settings.
- Suspension and Termination
18.1. The Company reserves the full right to:
18.1.1. Suspend or block a user’s access to the Website.
18.1.2. Refuse to provide services to a user.
18.2. Such actions may be taken at the Company’s sole discretion, including, without limitation, in cases where the user breaches these Terms.
- Amendments
19.1. The Company may update or modify these Terms at any time. Continued use of the Website following such amendments constitutes full acceptance of the updated Terms.
- Reservation Fees and Due Diligence
20.1. To reserve a property, the client may be required to pay a reservation fee (hereinafter: the “Reservation Fee”), generally ranging between:
€5,000–€10,000, or such other amount as may be expressly specified for the relevant property.
20.2. The Reservation Fee is intended for the following purposes:
20.2.1. Temporary removal of the property from the market.
20.2.2. Initiation of the transaction process.
20.3. Upon payment of the Reservation Fee:
20.3.1. The property may be reserved for the client for a period of 7–30 days (hereinafter: the “Reservation Period”).
20.3.2. During such Reservation Period, the seller agrees not to market the property to third parties, subject to separate agreements signed with the seller.
20.4. The Reservation Period constitutes a due diligence period during which the client is required to:
20.4.1. Appoint an independent lawyer in Cyprus.
20.4.2. Conduct legal, financial, and technical examinations.
20.4.3. Carefully review agreements and examine the condition and status of the property.
20.5. Reservation Fees may be refundable where the seller withdraws from the transaction.
20.5.1. Refund Conditions:
- Refunds are subject to written approval from the relevant seller or developer.
- Refunds may be subject to deduction of handling fees.
20.6. Reservation Fees shall not be refunded in the following circumstances:
- The client withdraws from the transaction for personal or commercial reasons.
- Financing was not obtained.
- The client failed to complete due diligence within the allocated time.
- The client delays or refuses to proceed with the transaction without valid legal justification.
20.7. Where the transaction proceeds to completion, the Reservation Fee may be credited toward the purchase price.
For the avoidance of doubt:
- Reservation Fees do not constitute escrow funds unless expressly agreed otherwise in writing.
- The Company does not act as trustee and owes no fiduciary duty toward the payer of the Reservation Fee.
- Funds paid may be transferred directly to third parties involved in the transaction.
- Online Payment Processing
21.1. Where Reservation Fees are paid through the Website, payment processing shall be conducted via a secure third-party payment processor compliant with applicable industry standards.
The Company shall not bear responsibility for any direct or indirect damages arising from use of payment methods, including unauthorized use by third parties.
- Agent Terms and Co-Brokerage Structure
22.1. Real estate agents and brokers using the Website acknowledge and agree:
22.1.1. To act in good faith.
22.1.2. To comply with all applicable legal and licensing requirements.
22.1.3. To fully comply with the provisions regarding Company ownership of Leads and non-circumvention obligations.
22.2. In transactions involving cooperation arrangements, commissions may:
- Be shared between the Company and the participating agent;
- Be divided according to pre-agreed percentages; or
- Be paid as fixed referral fees.
Any determination regarding an agent’s share of commissions shall be subject to the Company’s prior written approval.
22.3. Agents acknowledge and confirm that:
- All Leads and referrals remain the exclusive property of the Company.
The Company shall remain entitled to full commissions even where:
- The transaction is completed outside the Website or platform; or
- The agent continues negotiations independently with the client or seller.
Agents expressly undertake not to:
- Circumvent the Company in any manner;
- Contact directly any clients, developers, or sellers introduced through the Website or the Company; or
- Arrange transactions for the purpose of avoiding payment of commissions to the Company.
22.4. Such non-circumvention obligations shall remain in effect for twelve (12) months from the date of the initial introduction.
22.5. Agents shall bear sole and exclusive responsibility for:
- The accuracy, completeness, and reliability of information they provide or present;
- Compliance with all applicable real estate regulations, planning and construction laws, and licensing requirements; and
- Conducting negotiations, drafting agreements, and completing transactions.
For the avoidance of doubt, the Company shall bear no direct or indirect liability in connection with the conduct, acts, or omissions of agents.
22.6. Agents agree to indemnify the Company immediately upon first demand against any claim, demand, damage, or expense arising from:
- Allegations of misrepresentation, bad faith, or misleading conduct by the agent;
- Regulatory violations or non-compliance by the agent; or
- Legal or commercial disputes between the agent and clients or third parties.
- Assignment of Rights
23.1. The Company may assign, transfer, or pledge its rights and obligations under these Terms, as well as transfer the Website’s operations and any information stored therein, in whole or in part, to any third party, including in the event of a merger, acquisition, or corporate restructuring, at its sole discretion.
Such actions shall not require the user’s prior or subsequent consent.
- Contact Information
24.1. We are available for any question, inquiry, or clarification regarding these Terms, the services offered on the Website, or transaction procedures.
You may contact us through the following channels:
- Email: sales@88residences.com
- Telephone: +972-3-60060006